D&D 5E Podcast on the current state of 5e

The 5e OGL is necessary because people who create high-quality D&D products deserve the option of receiving money for their efforts.
No, it isn't. Go read the decisions in TSR v. Mayfair, TSR v. Judges Guild... an open license is totally NOT needed.

In fact, the OGL prohibits more than it allows, on that score: The OGL itself disallows indications of compatibility without separate license.

Mayfair's error wasn't indicating compatibility - it was doing so by use of the graphical trademark.

Many other companies were able to fend off (often during discovery) TSR. See, the court made it pretty clear in TSR's victory over Mayfair that it wasn't the indicating compatibility, only the doing so with the AD&D logo and looking like official product.

The OGL makes it easier to derive new games from an OGL game, but it's totally not needed to publish adventures nor even 3rd party add-ons.

What we really need is some form of official license for indicating compatibility, for using the monsters and spells, and for using the trademarks and product identity in a somewhat controlled manner. We could really use a GSL.

The OGL would be nice, because then we can do derivative games with exact text, but it's totally not the panacea, and it is a great way for Wizards to lose control over their IP.
 

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I was under the impression that a common part of settling a lawsuit was that you are not able to discuss the lawsuit or the settlement?

Commonly, but not always.

Often, in IP cases, the settlement is made VERY public, specifically to discourage others from violating.

And part of many a settlement is a public admission of wrongdoing...
 

4e is dead. Because. The 4e GSL was too restrictive, and WotC often sues those who create products to support and continue 4e. Especially electronic products are littered with cease-and-desists from lawyers.

4e never welcomed indy publishers - despite valiant efforts of some to try make 4e work.

4e is dead. Any company that invested in it wasted their time and money.

Few companies would make the same mistake again. If they invest in 5e, they need to know it is a legally safe place to build a business.

The concerns of Jester Canuck and others, refers to the concerns of people who create content for 5e.

You blame this for 4E's demise?

I guarantee you the business people at WotC don't. They blame the OGL that allowed Pathfinder to exist for the demise of D&D as the top TTRPG. How do you go about proving them wrong? You can't allow an OGL that opens the door for someone else to take your game system and do it better than you did it. That absolutely, positively cannot happen. That's business 101: control your product.

Maybe it hasn't been stated, but I guarantee you the business people at WotC want D&D to take market share from Pathfinder and wipe them out if they can. Not sure Mearls and company have been given that goal. I guarantee the business people at WotC have that goal in mind. Business is competitive. You don't open the door for the competition to take anything you make. WotC won't allow it to happen again. I'm pretty sure of that.

I don't understand why some don't acknowledge how much Paizo damaged WotC. They hammered WotC. Probably took half their profit pie or more. Paizo establishing Pathfinder as a dominant RPG in the industry was an unforeseen hammer blow to WotC. I don't know why you need some kind of positive admission from the company to know this. If you study business at all, it's very clear that Paizo Publishing won the battle against WotC for the TTRPG market. Paizo taking market share with the brand name game Hasbro purchased pissed off Hasbro brass so badly that I can't even imagine how much crap came down on WotC. The meetings during that time period must have been nightmarish. The brand name Hasbro purchased probably lost half its value due to Paizo taking market share.


You can look at this one of two ways:

1. Paizo won because they did give their game away for the most part and made money off adventures and other supplements. They were heavily supported by 3rd party publishers. They managed their finances well. They put out great content. They communicated effectively and openly with the customer base. They won in practically every facet of managing an TTRPG company. Even the fact they were smaller and run by business people that love the hobby made them attractive to a lot of gamers.

2. Paizo shouldn't have existed in the first place. The door for them to take TTRPG market share should have never been opened. Paizo took D&D, a game developed by WotC money, put their own spin on it, and took half of D&D's established market. That can never happen again.

If you're WotC and you are seeing only scenario 2, what would be your goal?

1. First, take back market share with a better game. Get back as many of your customers that left for Paizo as possible.

2. Once you get back market share, keep the door closed. Never allow a license that lets a competitor take your game and the market you built and establish their own game on that architecture allowing them to take your market.

That is the mentality I believe controls the WotC business end. I expect them to go after Paizo as much as possible, take as many of their customers as they can, and keep the door closed as far as licensing goes. They will maintain a high level of control over their content and game. They won't open the door for anyone to take their game ever again. So if there is an OGL or something similar, it will be very restricting. I expect it to be more the usual licensing agreements than the OGL Paizo is still using.
 
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D&D culture belongs to the fans. Legally so, the 3e OGL makes the fans in the public at large the legal inheritors of the D&D tradition.

You cant have a ‘game of imagination’ - while suing people who employ their imagination.

Only recently, have I come to appreciate the 3e Open Gaming License. It protects WotC and their ownership of creative intellectual property, such as stories, novels, iconic characters, official settings, and so on. At the same time, the OGL protects the intellectual property of D&D fans, along the same lines. The license spells out the D&D tradition that both parties can legally use, the gaming system as well at the rights to the terminology to refer to the system. It even permits parties to legally *modify* the SRD of the 3e OGL - even create stand-alone products. The OGL defines the shared culture, where everyone can succeed.

The OGL is a visionary document. I am not aware of anything quite like it. The people who created it, did so, because they loved D&D, and they wanted fans to have the tools to perpetuate it. The 3e OGL is a landmark in history.

The OGL was a visionary document. The vision is being carried on by Paizo Publishing. That's the part that created the problem.
 


I would love to see what we've gotten in past editions. Campaign settings, new characters options, mega dungeons, one shot adventures.

The only problem is these things are the expectation of the new release of an RPG, and as far as D&D has been concerned they haven't been able to keep an RPG sustainable. I'm not sure I can blame them for wanting to attempt to use a different playbook than the one players expect. Mike has mentioned that what players expect out of a release schedule ends with the failure of the brand/edition.
 



No, it does not. Legally it grants a limited license in exchange for you doing certain things on behalf of WOTC. It does not make fans inheritors of any tradition.

Your posting above is wrong.



The reason Pathfinder, Green Ronin, and so on exist, is because they like all fans have the legal right to use and modify the SRD.

All of us are owners of the D&D tradition.

Suppose Hasbro closed down WotC.

All of us still have the legal right to continue to create products.

Play on!
 

The OGL was a visionary document. The vision is being carried on by Paizo Publishing. That's the part that created the problem.

Without Pathfinder, there would be no 5e.

At a deeper level, because 4e lacked its own OGL, WotC caused Pathfinder to come into existence in the first place.

Originally, Paizo had every intention of switching to 4e. But WotC lawyers made it too problematic for Paizo to do this.

If Paizo had a 4e OGL, then Paizo would have made 4e products. Moreover, Paizo would likely have created 4e products that met the needs of D&D fans who had difficulties with 4e. This indy reworking of 4e would have ensured that 4e would be alive and well today.
 

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