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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Matt Thomason

Adventurer
I don't see any value in that line of thought really. A bad actor will be a bad actor either way, and as NuTSR demonstrated, you can sue them outside the OGL just fine.
My point being that if you stop them using the OGL, they might decide to put the effort in to make a compatible product without it, and indicate compatibility with a legal fair use of your trademark. The only thing stopping them actually putting your trademark on there was that they were using the OGL, so you may want to keep them using that.

Scenario 1: They make their product under the OGL, and can only put "Compatible with 5e" on it.
Scenario 2: They make their product without the OGL, and can now legally put "Compatible with the 5th Edition of the Dungeons and Dragons Roleplaying Game[tm] by Wizards of the Coast[tm]" on it, as long as they keep within the boundaries of fair use.
 

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Minigiant

Legend
Supporter
all they have to do is rewrite it and maybe add some changes of their own and then see whether WotC dares sue over copyright, kinda reversed tables from where we are now ;)
You aren't getting what I'm saying.

Copying 3e or 5e and using not IP monsters is the shortcut.

If Disney or Amazon cannot copy 3e or 5e, they are building their RPG from scratch or hiring a 3PP who hasn't been proven to have mass appeal.
 





Amrûnril

Adventurer
Isn't it?
WotC want's something. The community wants something. The two sides have to find some way to meet in the middle and compromise.

If one side isn't budging then things are an impasse. It's having a discussion with a brick wall. WotC will just have to ignore those people and move on, because there's nothing to be gained in engaging.

What WotC wants is to take from the community something that they have no moral right and probably no legal right to take. What the community wants is simply not to have something unjustly taken from them. Those positions are not equivalent and should not be treated as if they are.
 

Challenging moderation
Mod Note:

Accusing your fellow ENWorlders of being corporate shills because they disagree with you is poor form & pretty rude to boot. Knock it off, and don’t repeat that error.

Roger that. Knocking it off all the way out of this thread. I’ll just leave these boots here in case anyone gets tired of licking WotC’s.
 

mamba

Legend
You aren't getting what I'm saying.
or maybe it is the other way around
Copying 3e or 5e and using not IP monsters is the shortcut.
yes, if Disney had not done that in my scenario (well, technically rewritten / reworded, they cannot literally copy), then what is WotC even suing over ?

EDIT: just to clarify, at this point we do not even know if anything in the SRD falls under copyright, this never needed answering because of the OGL. Chances are some bits are, but possibly nothing whatsoever is (apart from the wording itself). Chances are the vast majority is not. If Disney knows what they are doing, then good luck WotC... they might walk away with owning the term 'advantage' for rolling two dice and taking the higher, and not much else
 
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