WotC Talks OGL... Again! Draft Coming Jan 20th With Feedback Survey; v1 De-Auth Still On

Following last week's partial walk-back on the upcoming Open Game Licence terms, WotC has posted another update about the way forward. The new update begins with another apology and a promise to be more transparent. To that end, WotC proposes to release the draft of the new OGL this week, with a two-week survey feedback period following it...

Following last week's partial walk-back on the upcoming Open Game Licence terms, WotC has posted another update about the way forward.

Screen Shot 2023-01-09 at 10.45.12 AM.png

The new update begins with another apology and a promise to be more transparent. To that end, WotC proposes to release the draft of the new OGL this week, with a two-week survey feedback period following it.


They also list a number of points of clarity --
  • Videos, accessories, VTT content, DMs Guild will not be affected by the new license, none of which is related to the OGL
  • The royalties and ownership rights clauses are, as previously noted, going away
OGL v1 Still Being 'De-Authorized'
However, OGL v1.0a still looks like it's being de-authorized. As with the previous announcement, that specific term is carefully avoided, and like that announcement it states that previously published OGL v1 content will continue to be valid; however it notably doesn't mention that the OGL v1 can be used for content going forward, which is a de-authorization.

The phrase used is "Nothing will impact any content you have published under OGL 1.0a. That will always be licensed under OGL 1.0a." -- as noted, this does not make any mention of future content. If you can't publish future content under OGL 1.0a, then it has been de-authorized. The architect of the OGL, Ryan Dancey, along with WotC itself at the time, clearly indicated that the license could not be revoked or de-authorized.

While the royalty and ownership clauses were, indeed, important to OGL content creators and publishers such as myself and many others, it is also very important not to let that overshadow the main goal: the OGL v1.0a.

Per Ryan Dancey in response this announcement: "They must not. They can only stop the bleeding by making a clear and simple statement that they cannot and will not deauthorize or revoke v1.0a".


Amend At-Will
Also not mentioned is the leaked draft's ability to be amended at-will by WotC. An agreement which can be unilaterally changed in any way by one party is not an agreement, it's a blank cheque. They could simply add the royalties or ownership clauses back in at any time, or add even more onerous clauses.

All-in-all this is mainly just a rephrasing of last week's announcement addressing some of the tonal criticisms widely made about it. However, it will be interesting to see the new draft later this week. I would encourage people to take the feedback survey and clearly indicate that the OGL v1.0a must be left intact.
 

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Charlaquin

Goblin Queen (She/Her/Hers)
I honestly don't know what their position is at this point, which seems like a problem.

That will always be licensed under OGL 1.0a. The only way that sentence makes sense is if OGL 1.0a is not being revoked or deauthorized. And if it's not revoked or deauthorized, why does anyone care about the specific language or terms of their new license?
They key point is, will you be able to publish new content under 1.0a. From this statement, it isn’t clear that’s the case, though as some folks have pointed out, it’s possible that will indeed be the case but WotC is trying their best to downplay and understate that fact, since they obviously don’t want anyone to publish new content under it, even if they have realized they can’t actually prevent it. The trouble is, until we get clarity on that point, we’re still in the same position. No one is going to feel safe enough to risk publishing new material under 1.0a until WotC makes a clear and unambiguous statement that they won’t try to sue anyone who does so. And I doubt they’re ever going to make such a statement.
 

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I got over-excited and tried to start a new thread on this without checking the news feed (sorry Morrus).

I'll post here what I wrote as a suggestion though.

Personally, I'd recommend that everyone taking the survey, if possible, demand the term "irrevocable" applied to the final draft (which might be after X number of surveys, but should be demanded every time) after getting the community's approval, as that may be the only way to start building back trust, which is hard to rebuild once broken.

It's been said that OGL 1.0a can't be revoked, but that doesn't stop their lawyers from making a try of it, and the current language used is largely untested in court, so assurances beyond empty promises need to be made, the likes of which people could sue for fraud or whatnot if turned back on.
 





Charlaquin

Goblin Queen (She/Her/Hers)
They can just put irrevocable in the new license.
Maybe it ends up beeing all that changes. So yes, we don't want the old 1.0a. We at least want 1.0b with irrevocable put in.
The problem is, this would still establish a precedent for WotC de-authorizing a previous version of the license, which undermines any trust they won’t do so again in the future. “Perpetual” used to be enough to mean they couldn’t revoke it, but because of changes in the way these sorts of licenses are now written, WotC seemed to think they can revoke it now. There’s no reason to believe the same thing couldn’t happen again with the word “irrevocable” in the future. If WotC de-authorizes any previous version of the license, there can be no trust they won’t do the same again with a future version.
 

overgeeked

B/X Known World
I got over-excited and tried to start a new thread on this without checking the news feed (sorry Morrus).

I'll post here what I wrote as a suggestion though.

Personally, I'd recommend that everyone taking the survey, if possible, demand the term "irrevocable" applied to the final draft (which might be after X number of surveys, but should be demanded every time) after getting the community's approval, as that may be the only way to start building back trust, which is hard to rebuild once broken.

It's been said that OGL 1.0a can't be revoked, but that doesn't stop their lawyers from making a try of it, and the current language used is largely untested in court, so assurances beyond empty promises need to be made, the likes of which people could sue for fraud or whatnot if turned back on.
Importantly, if you choose to fill out the survey, don't let that be the only place you give your feedback. Be disruptive or their narrative on forums, Twitter, Reddit, etc. Don't limit your engagement with this conversation to only WotC's proper channels.
 

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