D&D 4E WotC announces plans for 4e SRD and OGL

Piratecat

Sesquipedalian
WotC announces plans for 4e SRD and OGL

On January 7th, Wizards of the Coast held a courtesy call with the 3rd party publishers who had expressed close interest in gaining advance access to the 4e rules.

Attending the call were:
  • Adamant Entertainment
  • EN Publishing
  • Expeditious Retreat Press
  • Fantasy Flight Games
  • Goodman Games
  • Green Ronin Publishing
  • Mongoose Publishing
  • Necromancer Games
  • Paizo Publishing
  • Paradigm Concepts
  • Privateer Press
On the line for WotC were Scott Rouse, Linae Foster (Licensing Manager), Sara Girard, Andy Collins, Bill Slavicsek, and Chris Perkins.

Their formal announcement can be found here, but here's what we learned from the call.

[bq]4e publisher support will be released in two phases.

Phase One is for publishers who want access to the 4e rules early. Taking a lesson from software publishers, WotC will be making available an OGL Designers Kit. This gives early access to rules and is offered to any publisher, not just the ones on the conference call. Access to the kit requires a legitimate business license, a signed NDA, and a one-time $5000 fee.

This kit will be available within a matter of weeks, as soon as several legal logistics are complete. It provides three hardcopy pre-publication versions of the three core rule books, copies of the OGL and SRD, and a FAQ. Publishers will continue to receive updates to these rules as changes are made, one in the beginning of February and possibly one in March. Publishers will also receive advance copies of the final rule books. Importantly, publishers who purchase the kit may begin selling product on August 1, 2008 – earlier than other publishers.

Phase Two is free and begins on June 6th, when the OGL goes live. Any publisher can then produce D&D supplements under the OGL, but these cannot be published until January 1, 2009.[/bq]
Effectively, this means that publishers who pony up the $5000 fee get four months of advance production time for their products, can sell their products at GenCon and Christmas without a whole lot of competition, and have a five month grace period when theirs are the only 4e products available. Publishers who choose not to pay the fee will enter the market at a later date.

I took notes during the Question and Answer portion of the call, and the following Q&A comes from my notes. In some cases the information is paraphrased instead of an exact quote.

1. What's the current status of the core rules?

The Players Handbook heads to typesetting on Wednesday. The Monster Manual heads off at the end of January, and the Dungeon Masters Guide in the middle of February. Additional changes and corrections will continue to be made in the galley through the end of March, but the rules are largely complete. Lots of playtester feedback, both internal and external, has been incorporated.

2. Tell us about the 4e OGL and SRD.

The 4e OGL will contain some aspects of the old d20 license, and is more restrictive in some areas than the prior Open Gaming License. We are tying the OGL more closely to D&D. There is a free registration process, a community standards clause, enforceability clauses, and no expiration date. Phase One publishers who sign a NDA will have the opportunity to read the OGL before they pay the $5000 early licensing fee.

The 4th edition SRD will be much more of a reference document than the 3e SRD. The current edition contains almost all of the rules and allows “copy and paste” publishing. WotC would prefer to see 3rd party publishers to use their creativity and talent instead of reformatting or slightly changing pre-existing rules. As such, the 4e SRD will contain more guidelines and pointers, and less straightforward rules repetition.

The community standards clause will follow the same spirit as the current version. It will lay out in broad brushstrokes what’s appropriate and what isn’t in a D&D-compatible product. If publishers have any questions, they’re always welcome to ask WotC about specifics. This clause applies to content, and wouldn’t apply to (say) a shoddy or ugly cover. (Note that this is a rare occurrence anyways; according to Scott Rouse, there has only been one case in the last two years where the community standards clause came into effect, and that was amicably resolved.)

In any case, material that’s open under the 3.5 OGL remains open, and there will be no language in the 4e OGL to restrict 3.0 or 3.5 products.


3. How will publishers indicate 4e compatibility with D&D?

There will be no front-cover logo. There will be specific compatibility language that indicates a book is “compatible with 4th Edition Dungeons & Dragons,” or something similar. There will also be verbiage to be included in the book that includes an official “visual statement” linking the product to D&D.

WotC will work to educate distributors and the market about D&D-compatible products, but expects publishers to help educate consumers as well.


4. Will subsequent core releases be promptly added to the SRD?

Subsequent content will be added when it is Open Source.
(In my opinion, Scott Rouse sounded a little abashed when he added that subsequent rules would be added more promptly than 3rd edition rules were. That's probably a good sign for publishers who want to utilize rules and monsters from subsequent releases.)

5. Under Phase One, how are rules distributed to freelancers?

A company’s NDA covers their agents and contractors. As such, any freelancer for a publisher is legally bound by their NDA. The pre-release rules will be three copies of a physical document (although WotC is flexible on the quantity, and may provide more copies if necessary.) Companies working together as partners only pay one fee.

6. Can 3rd party publishers get involved with Gleemax or DDI?

Publishers are welcome to have a product support page in Gleemax. At this stage, plans to integrate 3rd party publisher support in the DDI have not reached beyond the discussion phase.

7. With the OGL tied more closely to D&D, how would that impact the future impact of games like Spycraft or Mutants and Masterminds – games that in 3e used the core d20 concept but diverged radically from D&D?

The new version of the OGL isn’t as open-ended as the current version. Any 4e OGL product must use the 4e PHB as the basis of their game. If they can’t use the core rule books, it won’t be possible to create the game under this particular version of the OGL.

Future versions of the OGL, including a 4e d20 Modern version, may make certain games possible where they weren’t before.


8. Does the NDA prevent publishers from announcing that they are participating in Phase One?

Absolutely not. They’re free to promote their involvement.

9. Will the Phase One program make subsequent releases (the PHB 2, for instance) available to publishers more quickly?

No, it won't. The program only applies to the games’ launch and the first three core books. However, we will likely allow Phase One developers to distribute free 4e material on Free RPG Day, and to show (but not sell) sample books at Origins.

10. Who's the contact person for publishers interested in Phase One?

Linae Foster (linae dot foster at wizards dot com) is WotC’s contact person for purchasing or learning more about the OGL Developers Kit.
 

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Piratecat said:
The 4e OGL will contain some aspects of the old d20 license, and is more restrictive in some areas than the prior Open Gaming License. We are tying the OGL more closely to D&D. There is a free registration process, a community standards clause, enforceability clauses, and no expiration date.

How does this interact with Section 9 of the existing OGL?

9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.

What is to prevent publishers from using an earlier version of the OGL?
 


Piratecat said:
7. With the OGL tied more closely to D&D, how would that impact the future impact of games like Spycraft or Mutants and Masterminds – games that in 3e used the core d20 concept but diverged radically from D&D?

The new version of the OGL isn’t as open-ended as the current version. Any 4e OGL product must use the 4e PHB as the basis of their game. If they can’t use the core rule books, it won’t be possible to create the game under this particular version of the OGL.
Dang, that kind of sucks. The radically-diverged OGL products were one of the coolest things to come out of D&D 3e. I was really looking forward to seeing what kind of True20-equivalent games might evolve from 4e through the OGL. Guess I'll have to do it myself, and never show it to anyone but my own players...
 

Wulf Ratbane said:
How does this interact with Section 9 of the existing OGL?



What is to prevent publishers from using an earlier version of the OGL?

My guess:

It's not an update of the old license, it's a totally new license with a similar name. The old license will continue to exist and, of course, the 3.5 SRD and tons of 3rd party material is already and will always be OGC under it.

The 4E rules will not be released under that license, but under a totally new license.
 

Morrus said:
It's not an update of the old license, it's a totally new license with a similar name. The old license will continue to exist and, of course, the 3.5 SRD and tons of 3rd party material is already and will always be OGC under it.

The 4E rules will not be released under that license, but under a totally new license.

Since WoTC has already established that 4e is derivative of 3e-- or at the very least, is certainly derivable from existing 3e Open Content-- I am really curious to see how this is legally enforceable.

As opposed to "good faith" enforceable.

Everybody from Ryan Dancey on down seemed pretty convinced that the genie was not going back into the bottle...

I am extraordinarily curious.
 

Wulf Ratbane said:
Since WoTC has already established that 4e is derivative of 3e-- or at the very least, is certainly derivable from existing 3e Open Content-- I am really curious to see how this is legally enforceable.

Same way any third-party product could enforce its copyright, I'd imagine. Obviously they can't enforce the 4e license on anything that was actually covered by the 3e license. But any material that's new to 4e will be covered. If you write a module with an ogre in it, and the ogre uses 3e stats, the 3e license applies. If you use the 4e stat block, the 4e license applies.
 

As someone who is somewhat familiar with how open source licensing works...

WotC owns the rights to the D&D intellectual property. They've released 3.0 and 3.5 under the OGL. This doesn't mean that they've relinquished ownership over their property - they can still release it under other licenses, and if they derive new work from their own IP, they can release it under any terms that they wish.

3.0 and 3.5 are the genies that are indeed out of the barrel. Any company can continue to release product under the OGL for that version of the product. However, since WotC owns the core IP, they are completely within their rights (and I won't state whether or not I agree with this stance - that's beside the point) to release 4.0 under more restrictive terms.

There's some places where this gets messy - if someone else writes a "patch" which is incorporated into the core, but they retain the rights themselves instead of assigning them to the core developer, then the core developer has to get permission from the external individual before taking it private, but that might have already been addressed in the OGL - I haven't read it specifically.
 

Wulf Ratbane said:
Since WoTC has already established that 4e is derivative of 3e-- or at the very least, is certainly derivable from existing 3e Open Content-- I am really curious to see how this is legally enforceable.

As opposed to "good faith" enforceable.
Well, if you're willing to go beyond "good faith", I hear it's kind of questionable whether pure game mechanics can be legally protected as intellectual property (but I am most definitely not an expect on the subject).
 

GreatLemur said:
Dang, that kind of sucks. The radically-diverged OGL products were one of the coolest things to come out of D&D 3e. I was really looking forward to seeing what kind of True20-equivalent games might evolve from 4e through the OGL. Guess I'll have to do it myself, and never show it to anyone but my own players...
There were plenty of radically-diverged products that still nominally used the PHB when 3e first arrived. Not to mention, the existing ones of note (M&M, True20, SC2.0, AE/AU, IH) are not affected by any of this.
 

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