Could you elaborate on "new derivative works"? Wouldn't this include any files, modules or applications to "kludge compatibility" with 1D&D? It seems obvious on its face that this kind of thing would have to be "new," since 1D&D doesn't yet exist.
No, a "kludge" is something the user does, typically by entering the data themselves, or by obtaining the data from another source to input into the program.
It's evident from your question you have never used Foundry (at least for 5e). Foundry VTT only supports the 5.1 SRD. There is a LOT of data missing from the 5.1 SRD. Not only are there some important classes and feats missing (Battle Master being the most common) but the 5.1 SRD does not include a
large number of spells.
So there are three ways to get this data in to a given Foundry install. Those methods are:
1)
Hand key it all, or at least, via copy+paste, and then insert the proper mathematical formula that the game uses to make the to hit/damage result in the game correct. Some people do this with some feats when they are first starting out with Foundry - but it tends not to last long. This is a huge pain in the ass, especially the formula part which is beyond the ability of many users to accurately enter. So they instead soon move to method 2 or 3, below.
2)
Get the missing data from DDB. The DDB data only works for something you already own on DDB. Moreover, the software shim to do this is not something Foundry created, rather, it is something a user of Foundry created and maintains on a Patreon (Mr. Primate's DDB Importer). That patreon has 10,000+ paying users per month! Does this harm WotC? No it does not. WotC has earned all of those sales on products available on DDB which have a marginal sales cost of approaching ZERO. Accordingly, WotC has made literally millions of dollars off of this "misuse" of DDB by Foundry users using Mr. Primate's DDB Importer. WotC makes more money than Foundry off of Foundry because of this.
Critically, DDB doesn't just give people the text, it also often gives them the underlying math, too. And when it doesn't Mr. Primate's DDB I does. And it works for Adventures, monsters, and items, too (if you own the book on DDB, that is).
3)
Steal the data Mr. Primate's DDB Importer gets by obtaining it from DDB - and then installing it without the user needing to access DDB directly with a paid account to get it. The so called "plutonium" add-on for Foundry does this. Plutonium is difficult to install and it breaks constantly, largely because Foundry goes out of its way to break it so that they can appear to be "good guys" and not "bad guys" to WotC and stream people towards Mr. Primate's DDB Importer and buying things off of DDB. Is Foundry as motivated to keep up with regularly breaking Plutonium in view of recent developments?
You tell me. In fairness, Plutonium was initially popular in 2020, but its use since that time has dwindled to the point of rarity. It was also distributed on The Trove, and as that got (mostly) shut down in terms of uploading to it, it's somewhat harder to find and
WAY harder to update.
- Is this lawful for Foundry to do? Yes.
- Is this illegal for Foundry to do? No.
- Is Mr. Primate's DDB Importer lawful? No, it is a violation of the terms of service of DDB.
- Does WotC have any damages by reason of the breach of their TOS? No. To the contrary, it has enriched them, which is why they allow it to continue.
- Is Mr. Primate's DDB Importer illegal? No.
- Is Plutonium lawful? No
- Is Plutonium illegal? Yes.
- Is the fact that Plutonium is illegal (criminal piracy) make Foundry a party to the offence? No. That's something a user does, it isn't something Foundry does -- indeed, Foundry has, hitherto, gone out of its way to break it whenever it can. So far, at least.
I'm not sure how much work "others" is doing here. Can Foundry legally support and make available to users files, modules and applications created by others that it wouldn't legally be able to create itself?
Yes, when it comes to supporting a user created file.
Yes, when it comes to supporting a community module.
No, when it comes to making illegal files available to users. And to be clear, they do not do so now.
And if that's true, what would 6e accomplish other than making more work for whomever is creating these data files?
Reliability and ease of use. Plus, most people would rather not engage in crimes if they can avoid it. They like gaming and just want to game in the way that they want to - and they'll happily pay to do it, too.
Foundry, DDB, and Mr. Primate's Importer are all truly
excellent digital products. Sadly, that degree of excellence can be lost in all of this.
If "kludging compatibility" means users have to go into the files and make a bunch of manual changes, then WotC's design approach to 1D&D seems built-to-purpose. They're keeping the same frame, but they're making little changes to pretty much everything in the frame. From their perspective, that probably creates enough friction to give their VTT a decided advantage where 1D&D is concerned. On the other hand, anything that automates these tasks would seem to be obviously "new material," and Wizards will have revoked their offer for new material under 1.0a long before any of us will actually know what 1D&D looks like.
Well that would depend on who is making and distributing that "new material", wouldn't it?