OGL The OGL 1.1 is not an Open License


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Nylanfs

Adventurer
In the (leaked, not released) Non-Commercial license, there's the share-alike provision. In the Commercial license, your content is not open. Only Wizards can use it (more accurately, only Wizards can decide who uses it).
This is incorrect, Creator C can't use your "Licensed Content" without a separate contract with Creator B. Creator A of course being WotC, that both B & C are using WotC's Licensed Content. according to how I read it.
 

This is incorrect, Creator C can't use your "Licensed Content" without a separate contract with Creator B. Creator A of course being WotC, that both B & C are using WotC's Licensed Content. according to how I read it.
I'm honestly pretty much over it, but here's what the (leaked) license says. There's no "separate contract" with other creators that I can see.

V. SHARE-ALIKE. We are letting You use Licensed Content for free because You are using it on a non-commercial basis. If you want to better protect your ownership, You may register under the OGL: Commercial. You agree that others can do the same with Your work.
This means:
A. Each time You distribute or otherwise make Your work available, You offer the recipient a license to the work on the same terms and conditions granted You under this license.
B. You may not impose upon others any terms that alter, restrict or otherwise change the terms of this license or the recipient’s exercise of the rights granted under this license.
C. You must distribute a copy of the license alongside Your work. For clarity, the license should probably appear either at the front or the back of Your book – but it must be in the book.
D. The version of the license You enclose with Your work must be this license. You must keep intact all notices that refer to it and You must keep its disclaimer of warranties.
 

I'm honestly pretty much over it, but here's what the (leaked) license says. There's no "separate contract" with other creators that I can see.

V. SHARE-ALIKE. We are letting You use Licensed Content for free because You are using it on a non-commercial basis. If you want to better protect your ownership, You may register under the OGL: Commercial. You agree that others can do the same with Your work.
This means:
A. Each time You distribute or otherwise make Your work available, You offer the recipient a license to the work on the same terms and conditions granted You under this license.
B. You may not impose upon others any terms that alter, restrict or otherwise change the terms of this license or the recipient’s exercise of the rights granted under this license.
C. You must distribute a copy of the license alongside Your work. For clarity, the license should probably appear either at the front or the back of Your book – but it must be in the book.
D. The version of the license You enclose with Your work must be this license. You must keep intact all notices that refer to it and You must keep its disclaimer of warranties.
That's only the NON-commercial version to be clear in case anyone doesn't get that from the text.

The commercial version has no share-alike clause.
 



Nylanfs

Adventurer
That's only the NON-commercial version to be clear in case anyone doesn't get that from the text.

The commercial version has no share-alike clause.
Yes, I should have clarified I did mean the commercial license (since there may or may not be having two going forward). WotC stating that you CAN'T relicense your OWN copyrighted material is completely mindblowing. That would be tantamount to saying that you do not have copyright to your own material at all. Not just giving WotC a perpetual license to reused your material.
 

Yes, I should have clarified I did mean the commercial license (since there may or may not be having two going forward). WotC stating that you CAN'T relicense your OWN copyrighted material is completely mindblowing.
It's cool, but then I'm still not clear what I was incorrect about. The commercial license most definitely isn't open: only Wizards decides who can use your stuff. I never suggested otherwise, I don't think.
 

Nylanfs

Adventurer
It's cool, but then I'm still not clear what I was incorrect about. The commercial license most definitely isn't open: only Wizards decides who can use your stuff. I never suggested otherwise, I don't think.
I was referring to your statement that "only Wizards can decide how to use it" in that OGL: Commercial licensees (not non-commercial) Creator B has to be able to license their OWN copyrighted Licensed Material to Creator C, without Creator A getting pissy about it. Because I can NOT imagine a lawyer taking a look at that and saying to their boss that that was a legal strategy.
 

mamba

Hero
If you want to better protect your ownership, You may register under the OGL: Commercial. You agree that others can do the same with Your work.
Does that mean if I publish anything under non-commercial, anyone can take it and publish it under commercial and benefit from that?
 


pemerton

Legend
It's cool, but then I'm still not clear what I was incorrect about. The commercial license most definitely isn't open: only Wizards decides who can use your stuff. I never suggested otherwise, I don't think.
You're referring to this, aren't you? (XII.B of Commercial):

You own the new and original content You create. You agree to give Us a nonexclusive, perpetual, irrevocable,
worldwide, sub-licensable, royalty-free license to use that content for any purpose.​

And what you've posted about it is correct, as best I can tell. Also @Morrus given he asked the original question.
 

merchantsteve

Explorer
If this OGL 1.1 goes into effect, Expect a large number of Brick and Mortar Game Stores to become insolvent.
Plain and simple, most likely, over 50% of their RPG inventory will become illegal to sell. An owner will lose all the money paid to fill the shelves.
To make matters worse, loss of revenue will make it near-impossible to restock when a publisher prints new product without the OGL.
So... Hasbro will drastically reduce the number of stores that would order their product which will backfire on their revenue because they decided to remove competition.
 

merchantsteve

Explorer
But then, the revenue reporting and royalties only apply to people making over $50,000 and $750,000 respectively. Did any retroclone fall into that category until recently?
Revenue... not profit... This is KEY - and horrible because that forces a price spiral upwards to cover the new costs associated with royalty payments and accounting overhead.

Also, under the terms of the license, those numbers can be modified at any time with a 30-day notice. If WoTC is not meeting their revenue goal, they have allowed themselves to lower the 750K revenue threshold to any value they want.
 


Rainynights

Villager
I suspect there’ll be a black market of character builders that are totally not for 1D&D, wink wink, nudge nudge. But that’s only my suspicion
That or an explosion in popularity of character sheet apps that allow you to make your own templates for any game so that you can weasel your way around the limitations
 

mamba

Hero
If this OGL 1.1 goes into effect, Expect a large number of Brick and Mortar Game Stores to become insolvent.
Plain and simple, most likely, over 50% of their RPG inventory will become illegal to sell.
No, it simply means there will be no new releases based on OGL 1.0a, everything out there stays legal
 


Xyxox

Hero
No, it simply means there will be no new releases based on OGL 1.0a, everything out there stays legal
Maybe, but I doubt it. I think they want anything and everything 5E pulled from the market and will use threat of suit to accomplish it.
 

ECMO3

Hero
Maybe, but I doubt it. I think they want anything and everything 5E pulled from the market and will use threat of suit to accomplish it.
At this point I think it is clear that is going to fail. They may remove a significant portion of 5E going forward but some publishers are going to continue to operate and publish. I believe Paizo has already said they are going to force WOTC to take them to court.

They will need to go beyond the threat of suit to do this, they will need to actually sue and win.
 

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