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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This is off topic but: I want a KoDT show. Not a Hackmaster show. Not a show that switches between the table and the game world -- and actual honest to goodness KoDT show.
I said that is how Hasbro should do a D&D TV show... a bunch of teens (a well representative group most players but some just on the fridge) dealing with late HS early College issues... and a game that is animated with the actors becoming the voice actors. (I will now add a d20 in the corner)
 

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TrainedMunkee

Explorer
OK Yaarel, I disagree. And my disagreement involves no speculation about the private motives of people who work for WOTC.

I think this is a much more reasonable response. I think there are things which could be gained from this.

1) I do think the OGL should have a morality clause, and I do think NuTSR highlighted a potential weakness without one. Yes, NuTSR was not an OGL issue directly, but it highlights what can and likely will be an issue with the OGL,

2) A new license can provide a clearer and more firm and enforceable irrevocability clause.

Those are two things off the top of my head I can see as being useful changes to the existing OGL. You may disagree.
1) Why do they need a morality clause if their IP isn't included in an OGL?
2) Do you really believe that they will hamstring themselves with this?
 

No, but it cannot be worse than WotC either…
It cannot. They have the same motives. At least Kevin Feige  likes Marvel.
I don't know... if you don't want the 3pp shut down it sure COULD be worse... Hasbro can sue and MAYBE win.
DIsney wouldn't need to sue, they could have there team get there senators and house of rep members amend the law to make the OGL no longer matter.
 

Matt Thomason

Adventurer
1) I do think the OGL should have a morality clause, and I do think NuTSR highlighted a potential weakness without one. Yes, NuTSR was not an OGL issue directly, but it highlights what can and likely will be an issue with the OGL,
My answer to this elsewhere, which I'll repeat here, is only if that morality is not policed by WotC themselves, but by some kind of elected board of 3PPs to prevent it being used to target people WotC just want out of the market and ensuring their interpretation of said morality clause fits that objective on any given day.

Also worth adding is that you really, really want to keep as many things, especially things you don't like, using the OGL rather than forced to go outside of it, because under the OGL they forfeit their fair use rights of trademarks to indicate compatibility. Once you force someone to go outside of the OGL, they can start legally using your trademarks in limited ways. So probably better not to force them out of it. Something to be said here for that old adage of "keeping your friends close but your enemies closer".
 



Minigiant

Legend
Supporter
oh really? Because Disney is not a brand already and has plenty of material to choose from?

Also, what exactly does the OGL provide in this scenario? Is WotC that 3pp? Yeah, they have no way of coming up with a similar RPG without the OGL, no one has, it cannot be done
The OGL is the shortcut.

If the last 50 years displays anything, a lot of designers cannot design well. And corporate cannot easily create hit. That skill has to be hired.

Amazon or Disney could easily flop if they don't snag up a good 3PP and entertainment writers.. Plently of the shows on streaming site are nothings.
 


Reynard

Legend
The OGL is the shortcut.

If the last 50 years displays anything, a lot of designers cannot design well. And corporate cannot easily create hit. That skill has to be hired.

Amazon or Disney could easily flop if they don't snag up a good 3PP and entertainment writers.. Plently of the shows on streaming site are nothings.
Do you know how many 3PP flops there have been? Using 5E as a base doesn't guarantee success.
 


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