D&D 5E Upcoming OGL-Related Announcement!

[reiella]

Y'know, I missed this back in '08, but it's actually a really good example of folks skirting that legal line. Apparently David S. Kenzer knows a thing or two about IP law.

TIL about Nominative Use!

Doesn't hurt that Kenzer may have been in a special situation with regards to the D&D license due to their hackmaster (4e) settlement.

[ edit ]
In typical slacker form, I miss the clarification point just after I post, so bleh. So Kenzer understands their usage, or wizards/hasbro had no desire to reopen that wound. More likely the former than the later though.

 

[dd.stevenson]

Very good point. Of course, it leads to an interesting question: How close can you get to saying that your product is compatible with 5th Edition Dungeons and Dragons, without it crossing the line into infringement? I'm not an IP lawyer, so I don't know.

"Compatible with the world's greatest roleplaying game!"

 

[dd.stevenson]

Two things I noticed. First, Mearls is no stranger to the perils of writing adventures for games that people don't yet understand very well. So I have some sympathy for his rationale here.

But second, it's hard to ignore that this timeline, as well as the midweek timing of this "special" L&L, seem designed to keep 3PP licensing discussion out of the launch messaging. So it's easy to think that what they actually do have coming is going to be a bit of a disappointment for a lot of OGL fans out there.

 

[Henry]

That would be so ironic. They should totally do that. Stranger things have happened.

No problem -- it's called 13th Age. Pelgrane's already done 75% of the 4e specific work, the rest is just reaching back to the 3.0 and 3.5 SRDs, and the 4e fans are in the "PassageSeeker" swimlane.

 

[Mistwell]

Also, minor nitpick, but D&D is actually third in sales right now. Not for long, surely.

It's not. As both Paizo execs and WOTC execs recently confirmed, ICv2 is only a small part of the market. It's retail sales excluding big box store sales (like Amazon) and excluding digital (like DDI). Once you factor both those back in, things change drastically.

I think it's pretty darn clear D&D is #2 right now. Most of what they sell these days is simply not included in the ICv2 list. For instance, all DDI (which still has substantial subscribers), all their new PDF releases (which appear to be selling well), all their new back-catalog PDF sales (again appear to be doing well), pretty much everything they are selling is not included on that list. Paizo has a lot not on that list as well.

 

[Mistwell]

"Compatible with the world's greatest roleplaying game!"

That used to be allowed, but no longer. Why? Because they just included that on the cover of their new books, so it's clearly part of their trade dress now. I would not advise anyone use that on their covers anymore.

 

[Holy Bovine]

If in the unlikely event that there is a wide-open 3E style OGL I wonder if there would be a way to put some kind of quality control barrier in place. I remember all too well the glut of sub-par and downright atrocious 3E compatible books that came out in the 2 years after 3E. When that bubble burst a lot of stores and distributors were left with product they couldn't give away.

 

[Mistwell]

OGL delayed is OGL denied. 3Era had much material to learn, but at least learning the system meant one could make use of the system with the OGL. And that was part of the deal from day 1. This delay is one more thing that reduces the value of the 5E investment. Even when Wotc flipped the table with 3.5, they at least put the table right again and only vaulted a handful of monsters. This is no better than 4E, they just are not showing the licence to the public because it would be bad PR.

I disagree with your view and I think it's extremely bombastic and reactionary. But, taken at face value, let's be specific here - are you calling Mike Mearls a liar? Are you saying he is misrepresenting things? Is he intentionally misleading people into thinking there will be some sort of OGL when he knows there will not be?

 

[DaveMage]

If they do open a license to 3PPs, I think you'll see the established 3PPs test the waters before jumping in. For example, I would expect Green Ronin to make a 5E Freeport companion and see how it does before any other type of commitment.

I expect Kobold Press to continue to release product if they are permitted to do so because they have always been friendly to WotC (probably part of the reason they were chosen to write the adventures).

Either way, it's probably better for the consumer if WotC releases a few months of rules options first, so that those 3PPs can customize their products to the audiences they want to reach (based on playstyle).

The real question is, if EN Publishing announces an AP for the new edition, will WotC soon after announce 6E?

 

[Henry]

The real question is, if EN Publishing announces an AP for the new edition, will WotC soon after announce 6E?

You just want to see Russ flip a table over, don't you?