[HN Gopher] Dungeons and Dragons' new license tightens its grip ...
___________________________________________________________________
 
Dungeons and Dragons' new license tightens its grip on competition
 
Author : ndiddy
Score  : 114 points
Date   : 2023-01-05 19:03 UTC (3 days ago)
 
web link (gizmodo.com)
w3m dump (gizmodo.com)
 
| sidlls wrote:
| I prefer the Harnmaster rule system anyway. Too bad that system's
| creators/estates are in a slapfight with each other, too.
 
| Macha wrote:
| I think this is interesting to software people because the OGL is
| clearly inspired by open source licenses, being mostly a
| permissive license but also borrowing the "or later" clause from
| GPL, which is herein being abused to try intimidate older license
| version users and secure additionally rights for Wizards
| themselves.
| 
| I suspect it won't succeed if it ever does end up in a courtroom,
| but it does raise some interesting questions about where the line
| is. e.g. GFDL 1.3's Wikipedia can convert from GFDL to Creative
| Commons clause is arguably a similar claim to the idea that
| Wizards can now use OGL 1.0 content royalty free on the surface.
 
| Waterluvian wrote:
| " By ending the original OGL, many licensed publishers will have
| to completely overhaul their products and distribution in order
| to comply with the updated rules."
| 
| Is this rug-pull actually true and legal? Seems like a horrible
| agreement to enter into for this reason.
 
| philipwhiuk wrote:
| Not a lawyer but I don't see how you can revoke a perpetual
| license. If it expired after a period sure, but it doesn't,
| that's what perpetual means.
| 
| So it'll be a problem for new products but not for stuff that was
| licensed under OGL 1.0 already
 
  | teeray wrote:
  | > how you can revoke a perpetual license
  | 
  | The way the US justice system works is if you have more money
  | than all of your opponents, you win.
 
    | einpoklum wrote:
    | ... against domestic opponents. What about those based in
    | other countries?
 
      | teeray wrote:
      | when it comes to IP, you'd have to ask the RIAA/MPAA
 
  | Akronymus wrote:
  | They can't. They sure as hell are trying to/imply being able
  | to, though.
 
  | wolverine876 wrote:
  | In the law, perpetual and irrevocable are different. See here:
  | 
  | https://medium.com/@MyLawyerFriend/lets-take-a-minute-to-tal...
 
  | eadler wrote:
  | "perpetual" and "irrevocable" have two different meanings in
  | licencing law.
 
    | [deleted]
 
  | keypusher wrote:
  | From OGL 1.0: 4. Grant and Consideration: In consideration for
  | agreeing to use this License, the Contributors grant You a
  | perpetual, worldwide, royalty-free, nonexclusive License with
  | the exact terms of this License to Use, the Open Game Content.
  | 
  | 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.
  | https://roll20.net/compendium/dnd5e/OGL%20License
  | 
  | From Gizmodo: One of the biggest changes to the document is
  | that it updates the previously available OGL 1.0 to state it is
  | "no longer an authorized license"
  | 
  | Some more background on the terms:
  | https://www.larsenlawoffices.com/can-terminate-perpetual-lic...
 
    | crooked-v wrote:
    | That part in section 9 doesn't say that it invalidates the
    | part in section 4, though. Reading it strictly, claiming an
    | earlier license is "unauthorized" would merely mean that you
    | can't use the earlier license to redistribute content put out
    | under the later license, not that you can't use the earlier
    | license at all.
 
| LarryMullins wrote:
| > _" [The OGL 1.1] takes a strong stance against bigoted content,
| explicitly stating the company may terminate the agreement if
| third-party creators publish material that is "blatantly racist,
| sexist, homophobic, trans-phobic, bigoted or otherwise
| discriminatory."_
| 
| I'd just like to point out that such a license, if applied to
| software, would violate the zeroth essential freedom of free
| software, _" The freedom to run the program as you wish, for any
| purpose"_ And for good reason. That clause essentially gives WoTC
| the right to revoke your license at any time for essentially
| arbitrary reasons if they subjectively decide your content is one
| of those bad things.
| 
| Where is the line between a game depicting discrimination and the
| game material _being_ discriminatory? When Morrowind depicted
| racist slavemaster Dunmer who shout _" N'wah"_ at you, and
| allowed the player to align themselves with such factions, was
| that a depiction of racism, or was the game material itself
| discriminatory? I think you could make good faith arguments in
| either direction. Normally finding the line between the two is up
| to everyone to decide for themselves, but in this new license,
| WotC gets to decide the line is wherever they want, whenever they
| decide to snuff you out. Even if the other terms of the new
| license were agreeable, this term makes the license a trap for
| any business that would compete with WoTC.
| 
| https://www.gnu.org/philosophy/free-sw.html.en
 
  | beholder922 wrote:
  | I don't want racism in my game about different races fighting
  | each other.
 
    | [deleted]
 
  | tptacek wrote:
  | The D&D rules aren't free software, and WOTC has branding
  | concerns that free software projects don't have. The
  | intellectual property issues here are somewhere between those
  | of Mickey Mouse and those of Linux.
 
    | rhdunn wrote:
    | Not all games and other material published under the OGL
    | references/uses the WotC SRD (System Reference Document) or
    | D&D material (beholders, magic missile, etc.).
    | 
    | The license changes also affect any non-PDF content, which
    | would include D&D/OGL game streams and YouTube videos, and
    | virtual table tops publishing OGL material (including those
    | for Pathfinder, Call of Cthulhu, etc.).
 
    | LarryMullins wrote:
    | > _The D &D rules aren't free software,_
    | 
    | My point is they wouldn't be, even if the rules were
    | software, because the violate the zeroth essential software
    | freedom. I bring this up particularly because the earlier
    | versions of the OGL are compared to free software licenses in
    | this thread. This new license is nothing of the sort.
    | 
    | > _branding concerns_
    | 
    | That's not special to tabletop gaming, software has branding
    | too and there are certainly advocates for adding "no evil"
    | clauses to licenses, like Douglas Crockford. But addressing
    | such concerns in the license makes that license non-free.
 
      | tptacek wrote:
      | I think everybody in the world is pretty clear about the
      | fact that OGL 1.1 isn't comparable to a FOSS license. It
      | requires revenue reporting and a 25% royalty on all gross
      | returns above a threshold! It's a commercial license, and
      | an onerous one.
      | 
      | Everything has branding, but products and projects exist on
      | a spectrum of sensitivity to branding issues; the
      | representation in media of a Disney character would be at
      | one far end of the spectrum, the uses an open source image
      | editor were put to might be at the other. WOTC's D&D IP is
      | somewhere in the middle.
 
        | LarryMullins wrote:
        | I'm not sure what you're disagreeing with then. Or are
        | you agreeing with me?
 
        | tptacek wrote:
        | I mean, of all the reasons why 1.1 isn't a FOSS license,
        | the morality clause is the least of the issues. I have
        | two rebuttals to your original post: first, there's no
        | pretense that 1.1 is a FOSS-comparable license, and
        | second, there are obvious reasons why, even if they had
        | done a more FOSS-acceptable 1.1 in every other regard,
        | they might still need the morality clause.
 
        | LarryMullins wrote:
        | > _I mean, of all the reasons why 1.1 isn 't a FOSS
        | license, the morality clause is the least of the issues_
        | 
        | The Zeroth Freedom is the most important, the freedom to
        | use it.
 
        | tptacek wrote:
        | If what you're saying is that an exclusive, intrusive
        | commercial license without a morality clause is more in
        | the spirit of FOSS than a non-exclusive, non-intrusive
        | free-use license with a morality clause, well, (1) that's
        | a take, (2) I don't agree at all, and (3) we can probably
        | just agree to disagree. At any rate: we've identified the
        | disagreement, so let's take that as a win.
 
        | LarryMullins wrote:
        | I believe that morality clauses are the greatest threat
        | to Free Software, particularly because they _seem_ like a
        | reasonable abridgement of the zeroth freedom when
        | considered at first glance, and it is sometimes difficult
        | to advocate against such abridgement without having nasty
        | accusations thrown against you. Of all abridgements to
        | software freedom, morality clauses seem to have found the
        | widest popular support among people who style themselves
        | as supporting Free Software.
 
  | [deleted]
 
  | crooked-v wrote:
  | > Where is the line between a game depicting discrimination and
  | the game material being discriminatory?
  | 
  | One bit of context here to keep in mind is that there have been
  | tabletop releases that have been incredibly clearly on the far
  | side of that line, wherever you might define it - think
  | "literal Nazi propaganda packaged as an at least nominally
  | playable game". I haven't personally seen any use the OGL 1.0a
  | specifically, but there are probably some out there.
  | 
  | Of course, since the OGL 1.0a doesn't imply any particular
  | business relationship with WotC or allow any special
  | association with the D&D brand, any "need" to actually police
  | the OGL 1.1 like this is basically just self-inflicted from how
  | they're conflating what were previously two separate agreements
  | (one for mechanics, one for branding).
 
    | LarryMullins wrote:
    | > _One bit of context here to keep in mind is that there have
    | been tabletop releases that have been incredibly clearly on
    | the far side of that line,_
    | 
    | What is "incredibly clear" to you is not necessarily clear to
    | others. I know for a fact that some people consider games
    | having a "dark elf" race to make the game itself racist, and
    | consider much that was normal in fantasy media in the 80s and
    | 90s to be deeply problematic today. Including much of D&D.
    | The game even having racial classes with different
    | characteristics is offensive to some people.
    | 
    | Normally this is simply a point of low-stakes debate between
    | players, but when you add such a clause to a license the
    | subjectivity of the matter becomes a liability to anybody
    | that would make commercial use of the licensed material.
 
      | crooked-v wrote:
      | The "incredibly clear" cases I'm talking are games like
      | RaHoWa, where the objective of the game is to play white
      | people and kill all minorities, who oppose you with
      | abilities based on offensive racial stereotypes.
 
        | LarryMullins wrote:
        | There is no assurance that enforcement of such "no evil"
        | clauses will be limited to such incredibly clear cases.
        | Given the general anti-competitive behavior of WoTC,
        | there is good reason to think it wouldn't be.
 
        | tptacek wrote:
        | Again, I think at this point everybody is clear that
        | there is no reason whatsoever to believe that the owners
        | of the 1.1-encumbered WOTC IP are going to be
        | magnanimous, open-minded, or tolerant in any way. What's
        | weird is that we're stuck on this side-show of an issue.
        | 1.1 probably doesn't even _need_ the morality clause; it
        | probably gives Hasbro enough power to revoke any specific
        | relier 's license for any reason or no reason at all even
        | without the morality clause. If that's the case, all WOTC
        | is doing with the morality clause is being nice enough to
        | warn you about something that was true either way.
        | 
        | In reality, the morality clause is probably a response to
        | some high-profile tabletop RPG stories involving Nazis;
        | in other words, it's a marketing move, not a legal one.
 
| nitwit005 wrote:
| Copyright law does not extend to the rules of games themselves
| (you may notice video games copy mechanics all the time), so it
| just seems like this will result in people jetesoning references
| to their original creatures.
 
  | javajosh wrote:
  | How much of the value in DnD is the specific taxonomy of names?
 
    | jonnycomputer wrote:
    | Like "magic user" or "fighter"? seems pretty generic to me.
 
| barbariangrunge wrote:
| Step one: build up a huge ecosystem, companies that depend on
| this ecosystem. Step 2: revoke the old agreement and give 7 days
| to accept a new one.
| 
| What an epic bait and switch
 
  | notart666 wrote:
  | Yep that's how a monopoly works.
 
    | dragontamer wrote:
    | Except Pathfinder is literally right there. Wizards of the
    | Coast has no monopoly.
 
      | BlueTemplar wrote:
      | That's a non-sequitur. Monopoly is about being powerful
      | enough to engage in anticompetitive practices and the rest
      | of the market not being able to just ignore you, which WotC
      | certainly is here.
 
      | keypusher wrote:
      | This rules change is aimed specifically at companies such
      | as Paizo. Pathfinder is based on 3.5e, which was covered
      | under the OGL, and going forward they must pay 25% of their
      | revenue to WotC, and cannot sell any content for the system
      | outside of printed material (no video games, etc)
 
        | dragontamer wrote:
        | Only for content Paizo makes that's based off of OGL 1.1
        | 
        | What's WotC going to do about all the Pathfinder books
        | out there? Round them up and burn them? Those Pathfinder
        | books are still licensed OGL 1.0 by Paizo.
 
        | pessimizer wrote:
        | Who could possibly be claiming that WotC is going to go
        | from house to house looking for already purchased
        | material under a license that was entirely legal at the
        | time?
        | 
        | Also, all copyrights and patents are monopolies. To say
        | that D&D has a monopoly on D&D after revoking permission
        | for the public to create content based on D&D can't be
        | controversial.
 
        | dragontamer wrote:
        | > Who could possibly be claiming that WotC is going to go
        | from house to house looking for already purchased
        | material under a license that was entirely legal at the
        | time?
        | 
        | Cool. So I copy Pathfinder 1.0's rules, using the license
        | Paizo gave me in the Pathfinder 1.0 rule manual. Its
        | almost the same system as D&D 3.5, but the license is
        | from Paizo, not from WotC.
        | 
        | If WotC lawyers come after me, they can pound sand.
        | 
        | > Also, all copyrights and patents are monopolies. To say
        | that D&D has a monopoly on D&D after revoking permission
        | for the public to create content based on D&D can't be
        | controversial.
        | 
        | They gave it away using OGL 1.0. There are now game
        | systems based off of Pathfinder (itself, also an OGL
        | game). Does WotC's sudden revocation of the license
        | somehow apply to my Pathfinder books?
        | 
        | They didn't even write Pathfinder. It'd be insane for
        | them to try to revoke my Pathfinder license of OGL.
 
        | tptacek wrote:
        | Why is this insane? It seems like you're simply
        | describing derived works. The reason derived works are so
        | reliable in open source software is that the license
        | grants used to do the derivation are irrevocable. But
        | licenses are revocable by default; GPL goes out of its
        | way to be irrevocable. The concern (and Hasbro's recent
        | statements) is that 1.0a does not.
 
        | crooked-v wrote:
        | Copyright doesn't cover game mechanics, just the specific
        | expression of them.
        | 
        | There are even entire game lines that mechanically
        | recreate older editions of D&D in their entirety, all of
        | which are entirely legal under copyright law.
 
      | Bombthecat wrote:
      | Network effect, same as no one is switching to new
      | messagners.
 
      | trynewideas wrote:
      | Percentage of games on Roll20 in Q1 2014:[1]
      | 
      | Pathfinder: 24%
      | 
      | D&D 5E: 20%
      | 
      | In Q4 2021:[2]
      | 
      | D&D 5E: 55%
      | 
      | Pathfinder 1E+2E+Starfinder: 5%
      | 
      | Pathfinder 1E, 2E and Starfinder all rely on OGL 1.0a
      | content.
      | 
      | 1: https://blog.roll20.net/posts/the-orr-group-industry-
      | report-...
      | 
      | 2: https://blog.roll20.net/posts/the-orr-report-q4-2021/
 
        | crooked-v wrote:
        | The problem with using those numbers as-is as an
        | indicator of game system popularity is that Roll20 sucks
        | for non-5e systems and a lot of people have jumped ship
        | to Foundry VTT [1], which has much better mechanical
        | support for various game systems.
        | 
        | [1]: https://foundryvtt.com
 
        | LordDragonfang wrote:
        | A someone who _currently_ plays in four weekly games, I
        | don 't know a single person that has actually switched
        | from Roll20 to Foundry, despite me recommending it and
        | everyone agreeing it's the superior product in many ways.
        | 
        | Roll20 still has the overwhelming supermajority of the
        | VTT market, Foundry is the Linux of VTTs.
 
        | readthenotes1 wrote:
        | we did, about a year ago.
        | 
        | Some of us use d&d beyond with it, some not. I think the
        | dungeon master prefers foundry much more than roll 20.
        | 
        | What it took was the dungeon master saying we shall do
        | this, a session or two to work out the kinks, and one
        | other player who gained expertise enough to explain game
        | play mechanics (e.g., use the x key) to the rest of us
        | (to offload some of that burden from the dungeon master)
 
        | Dobbs wrote:
        | I play PF2e and the entire community seems to have
        | switched from Roll20. At least all of the DMs in the
        | online living world I was part of, my regular games, and
        | all of the PF2e games I see listed on various LFG
        | subreddits.
 
        | BryantD wrote:
        | The methodology for these numbers changed in Q2 2019[1],
        | so I don't think it's safe to compare 2014 numbers to
        | 2021. However, Q2 2019 is well before FoundryVTT exited
        | beta, so it is safe to look at the 2019 numbers and draw
        | conclusions about online play:                 D&D 5e:
        | 51.87%       Uncategorized: 14.27%       Call of Cthulhu:
        | 9.48%       Pathfinder: 6.46%
        | 
        | [1] https://blog.roll20.net/posts/the-orr-group-industry-
        | report-...
 
  | [deleted]
 
| musicale wrote:
| I tend to think that the explosion of compatible d20 system RPGs
| in the 2000s was a good thing.
| 
| The 5e OGL also seems to have been good for gaming, and for D&D
| as well. D&D is certainly bigger than ever.
| 
| As I see it, D&D, Pathfinder, Green Ronin, etc. are all on team
| RPG; Wizards would do best to focus on expanding the hobby and
| making players happy, largely by producing high-quality D&D
| tabletop games and associated products, and supporting high-
| quality D&D-derived video games, movies, TV, novels, comics,
| etc..
 
| wolverine876 wrote:
| Another corporation embracing the hyperaggressive narcissistic
| ethos, as if there are nothing else - no other stakeholders, no
| goodwill, no future, no community, no employee value, no public
| image etc. - besides making money now. Hasbro is being pressured
| by investors to monetize their IP more.
| 
| It matches the authoritarian, anti-democratic, drive for power in
| another domain (and often by some of the same people). Nothing
| else matters.
 
  | [deleted]
 
| rhdunn wrote:
| This is already having an effect on the community, as people like
| The Arcane Library (https://www.youtube.com/@TheArcaneLibrary)
| are shifting away from using/referencing the OGL despite having
| pre-prints of material using the OGL.
| 
| I also find it interesting that WotC/Hasbro have been silent so
| far (both regarding releasing the official OGL 1.1 or making a
| statement about the leak to correct any factually incorrect
| statements).
 
  | tormeh wrote:
  | They haven't been silent:
  | https://www.dndbeyond.com/posts/1410-ogls-srds-one-d-d
 
    | rhdunn wrote:
    | That's posted Dec 21. The OGL 1.1 leak happened on Jan 4th.
    | 
    | They mention that the OGL 1.1 will only apply to static
    | (ePub/PDF) and printed media, and the revenue terms, but they
    | don't mention the other OGL 1.1 changes that have been
    | causing the current storm, such as:
    | 
    | 1. revoking OGL 1.0a;
    | 
    | 2. the 1.1 license giving WotC/Hasbro the irrevocable ability
    | to use your content in any way they want to;
    | 
    | 3. their ability to terminate your 1.1 license for any
    | reason;
    | 
    | 4. their ability to update the terms to the license with a 30
    | day notice.
 
      | wpietri wrote:
      | Wow. Very "what's yours is mine, what's mine is mine".
 
  | greenknight wrote:
  | > I also find it interesting that WotC/Hasbro have been silent
  | so far (both regarding releasing the official OGL 1.1 or making
  | a statement about the leak to correct any factually incorrect
  | statements).
  | 
  | Probably because they are trying to figure out damage control.
  | this leak only happened on thursday.
  | 
  | I would expect a response during the week with them
  | backpeddling a bit.
 
    | ck425 wrote:
    | What's interesting(/blows my mind) though is that
    | unsubstantiated rumours about the new OGL started going
    | around weeks ago. This caused a massive amount of concern and
    | outrage among the community, to the extend that WoTC actively
    | moved up their communication timeline and responded with a
    | post on DndBeyond containing more info about the new OGL (a
    | far more reasonable version) to try and reassure the
    | community and stop the fearmongering. That was all before
    | this leak.
    | 
    | Yet despite all that they've suddenly come out with this
    | draconian agreement which is worse than most of the rumours
    | that had already caused a huge outrage.
 
| voakbasda wrote:
| I grew up on D&D in the 80s, but I will steer my kids away from
| it over these kind of shenanigans. The publisher is demonstrably
| untrustworthy of its fans.
 
| crawsome wrote:
| Gygax rolls over in his grave
 
  | panzagl wrote:
  | Ehh, I think you need to read some history on D&D/TSR- Gygax
  | was happy to try to squeeze Arneson out, and to threaten other
  | RPGs
 
    | TillE wrote:
    | I would specifically recommend "Game Wizards" by Jon
    | Peterson. Gygax comes across as a pretty huge jerk, though
    | Arneson isn't entirely sympathetic either.
 
| jonnycomputer wrote:
| What specifically falls under the license? Surely not the rules
| or mechanics, only the particular expression of those. The art,
| sure. Maps, sure. Not sure you can claim right over "orc",
| "dragon", "wizard" or any of that.
 
| alasdair_ wrote:
| After seeing what WotC did with the Android: Netrunner license
| (they pulled it just as the game became extremely popular), I'm
| not surprised they are doing the same thing to D&D.
| 
| Building on top of a WotC-owned IP seems like a bad idea, since
| they will likely change the license once your product stqrts to
| get big.
 
  | suprjami wrote:
  | I wonder if this will affect future WotC success, like how
  | Google are reknowned for cancelling products so Stadia was
  | doomed from day 1.
 
| trynewideas wrote:
| The OGL was always, always, always a trap, and it's sad to see it
| snap shut. The time for Paizo and such to move on from it was
| with Pathfinder 2E, but they didn't, and now the depressing part
| happens.
| 
| The other shoe to drop is the actual play community. Critical
| Role is all but in-house already and probably won't be affected,
| but smaller creators trying to monetize their 5E content are
| going to start feeling the noose tighten.
| 
| > The original OGL granted "perpetual, worldwide, non-exclusive
| license" to the Open Game Content (commonly called the System
| Resource Document) and directed that licensees "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." But the updated OGL says that "this agreement
| is...an update to the previously available OGL 1.0(a), which is
| no longer an authorized license agreement."
| 
| > The new document clarifies further in the "Warranties" section
| that "this agreement governs Your use of the Licensed Content
| and, unless otherwise stated in this agreement, any prior
| agreements between Us and You are no longer in force."
| 
| The hinge of the trap in OGL 1.0a is the "any _authorized_
| version " part, here in its more full context:[1]
| 
| > 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.
| 
| Hasbro has the money to make legal challenges to that
| prohibitive, and no other company in the space has remotely
| similar resources. Good luck, suckers!
| 
| 1: http://www.opengamingfoundation.org/ogl.html
 
  | Macha wrote:
  | So a gaming podcast had a contract lawyer on to opine on this:
  | https://www.youtube.com/watch?v=MDuHjpwx5Q4
  | 
  | Their "this is not specific personalised advice, consult your
  | own lawyer" thoughts were:
  | 
  | 1. The license does not specify revocable or irrevocable, but
  | it would be likely a court would find it to be irrevocable
  | because:
  | 
  | - other lanaguage in the license such as the perpetual term and
  | the option to use later versions appears to anticipate it being
  | non-revocable
  | 
  | - the zection on termination only provides for breach of
  | contract and protects sublicenses of the terminated work from
  | being terminated unless the sub licenses were also infringing.
  | The fact that it provides some grounds for terminatioj but "we
  | have a new license" isn't among them hurts their argument.
  | 
  | - There is mutual consideration and this is even spelled out in
  | the contract as being consideration in terms of the derivative
  | content being reciprocally licensed, plus the unspecified
  | benefit to Wizards of having more complements to their product
  | increasing its appeal. The licensee obviously gets the rights
  | to use the covered content.
  | 
  | - The 23 year usage of OGL 1.0a may constitute reliance
  | especially when combined with past clarifying public statements
  | where Wizards official documents and then-active employees
  | indicated it was intended to be non-revocable.
  | 
  | - Clauses in US law for copyright owners to terminate licenses
  | require 35 yeara and do not affect sublicenses, so unlikely a
  | court would assume a stricter unwritten standard of
  | revocability than this
  | 
  | However, they also point out you can waive your rights to use
  | content under 1.0a if you were to agree to 1.1, e.g. to get
  | access to 6e content.
  | 
  | They also touch on the idea of if Wizards could use others OGL
  | 1.0a licensed content under 1.1 which imposes lesser
  | restrictions on wizards than 1.1. They're vaguer on this point,
  | but imply probably not as its too much of a deviation from the
  | previous license and raise the reliance part again
 
    | wolverine876 wrote:
    | That attorney makes clear they are not an IP lawyer. Here's
    | an IP lawyer, who specifically works in gaming, who says the
    | opposite:
    | 
    | https://medium.com/@MyLawyerFriend/lets-take-a-minute-to-
    | tal...
 
      | tptacek wrote:
      | That post says that the revocability of 1.0a is an
      | unsettled question. There's some precedent in open source
      | licensing that would be hopeful for people hoping to stick
      | with 1.0a, but nobody knows for sure.
 
      | throw0101c wrote:
      | Meanwhile the guy that wrote the license says:
      | 
      | > _I reached out to the architect of the original Open
      | Gaming License, former VP of Wizard of the Coast, Ryan
      | Dancey, and asked his opinion about the current plan by
      | WotC to 'deauthorize' the current OGL in favour of a new
      | one._
      | 
      | > _He responded as follows:_
      | 
      | >> _Yeah my public opinion is that Hasbro does not have the
      | power to deauthorize a version of the OGL. If that had been
      | a power that we wanted to reserve for Hasbro, we would have
      | enumerated it in the license. I am on record numerous
      | places in email and blogs and interviews saying that the
      | license could never be revoked._
      | 
      | * https://www.enworld.org/threads/ryan-dancey-hasbro-
      | cannot-de...
      | 
      | If intent matters in contract law, then the intent of the
      | license was (per WotC and its representatives at the time)
      | for it to be non-revocable. WotC had publicly stated that
      | this was their intent:
      | 
      | > _7. Can 't Wizards of the Coast change the License in a
      | way that I wouldn't like?_
      | 
      | > _Yes, it could. However, the License already defines what
      | will happen to content that has been previously distributed
      | using an earlier version, in Section 9. As a result, even
      | if Wizards made a change you disagreed with, you could
      | continue to use an earlier, acceptable version at your
      | option. In other words, there 's no reason for Wizards to
      | ever make a change that the community of people using the
      | Open Gaming License would object to, because the community
      | would just ignore the change anyway._
      | 
      | * https://web.archive.org/web/20060106175610/http://www.wiz
      | ard...
      | 
      | Further:
      | 
      | > _Q: What is meant by the term "Open Gaming"?_
      | 
      | > _A: An Open Game is a game that can be freely copied,
      | modified, and distributed, and a system for ensuring that
      | material, once distributed as an Open Game will remain
      | permanently Open._
      | 
      | * https://web.archive.org/web/20010429033432/http://www.wiz
      | ard...
      | 
      | So was WotC lying about intent in the past, or are they
      | lying about intent now? If there was deceit, does that open
      | them up to civil action?
      | 
      | Regardless, it's doubtful that anyone has the money to
      | battle WotC/Hasbro to settle this in court.
 
      | jrochkind1 wrote:
      | I wouldn't say that they say the opposite. They simply say
      | that WotC/Hasbro has stated that they have revoked 1.0a,
      | and whether this is possible or not would be something that
      | would be worked out in court.
      | 
      | Those are just facts, not a legal opinion on whether it is
      | revokable at all.
      | 
      | > I do believe that there are potential legal challenges to
      | the revocation of OGL 1.0a, especially given the length of
      | time Third Party Creators have relied upon OGL 1.0a and the
      | speed with which WotC has taken action to revoke it.
      | However, these challenges would have to take place in
      | court.
 
      | giardia wrote:
      | A slight tangent, but it's funny how everyday people are on
      | the hook for legal consequences, even when legal
      | professionals can't agree which laws apply, or even what
      | they mean.
 
        | heavenlyblue wrote:
        | If it went to court then the legal professionals would
        | agree?
 
        | bee_rider wrote:
        | They would agree on what the ruling was, and agree that
        | it sets some kind of precedent on some level, but not
        | necessarily that it was good.
 
        | readthenotes1 wrote:
        | That is why there is the old joke that in a town with
        | only one lawyer the lawyer starves but business picks up
        | when there are two.
 
  | jonnycomputer wrote:
  | I'm not sure what you mean with 2E. It's a near total rewrite,
  | isn't it?
 
  | bee_rider wrote:
  | These "d&d" podcasts seem to basically be playing rules-light
  | systems with a some d&d styling, I bet if WoTC tries to really
  | enforce anything they'll say "switched to dungeon world" and
  | that'll be the end of it. It would probably be a more accurate
  | reflection of the play style anyway. (I mean d&d is great
  | because most people aren't, like, professional voice actors and
  | improv pros, the structure that Critical Roll and their ilk
  | don't need is why us normal people might want the system in the
  | first place!)
  | 
  | I'm mostly worried about the folks posting settings and
  | adventures on drive through RPG, it seems like they have a ton
  | more exposure. :(
 
| LordDragonfang wrote:
| This comes directly on the back of Hasbro's CEO (D&D's parent
| company) complaining that D&D is "under monetized" and that they
| want to grow the revenue through "the type of recurrent spending
| you see in digital games."
| 
| https://kotaku.com/dungeons-and-dragons-dnd-fifth-edition-on...
 
| kelsolaar wrote:
| Unrelated to the license, I have been using ChatGPT to create
| dialogs, extended descriptions, translations, and many other
| things to complement adventures.
 
  | Waterluvian wrote:
  | I was thinking about how ChatGPT might be a reasonably decent
  | way to flesh out game depth. Fallout 4 has a ton of hand-
  | crafted content, but the "Radiant" quests are just so obvious
  | and thin.
 
    | kelsolaar wrote:
    | It has been quite good for my DnD5e needs so far!
 
| LarryMullins wrote:
| I have never played D&D but I have some very limited experience
| with matrix games for wargaming, which I understand to be
| similar. Can somebody explain the scope of the ruleset(?) that
| was being licensed under this OGL license? How much would you
| need to change a game based on OGL licensed rules to make it
| independent of WotC?
| 
| Specifically, what does this mean?
| 
| > _Much of the original OGL is dedicated to the System Resource
| Document, and includes character species, classes, equipment,
| and, most importantly, general gameplay structures, including
| combat, spells, and creatures._
| 
| If your tabletop roleplaying game has an "orc" species and
| "rogue" class and "sword" equipment, is WotC going to sue you? Or
| is this pertaining to games that specifically reference D&D
| documents in their rules?
 
  | crooked-v wrote:
  | You can see pretty much the whole original SRD here:
  | https://www.d20srd.org/index.htm Everything in the first two
  | columns is the stuff from that turned into a nice web format.
  | 
  | > If your tabletop roleplaying game has an "orc" species and
  | "rogue" class and "sword" equipment, is WotC going to sue you?
  | 
  | There are plenty of games that already have those. In fact,
  | there's an entire sub-genre of D&D-like game ("OSR") designed
  | around directly emulating older editions of D&D, based on the
  | fact that you can't copyright game mechanics themselves, just
  | the text that expresses them.
 
    | BlueTemplar wrote:
    | So what _exactly_ have WotC managed to trademark here ?
    | 
    | "Orc" would be trademarked for a RPG, but not a book, movie,
    | video game ?? (Wait, is this why Game Workshop's Warhammer's
    | are OrKs ?!)
    | 
    | That is why Pathfinder might have issues, despite having
    | replaced basically all the proper names and stories ??
 
      | crooked-v wrote:
      | They've trademarked "Dungeons and Dragons" branding and
      | those bits of the D&D brand that are actually at least
      | somewhat unique rather than directly based on other fantasy
      | sources (this is part of why, for example, tieflings are
      | fairly prominent in newer editions).
      | 
      | There are plenty of things in D&D that would be protected
      | by neither copyright nor trademark because they aren't even
      | close to being original or unique to D&D: fighters,
      | wizards, orcs, dungeons, dragons, taverns, elves, gnomes,
      | the list goes on and on...
 
      | johnnyo wrote:
      | Yes, Warhammer tries to give their stuff unique names for
      | copyright reasons.
      | 
      | They aren't Space Marines anymore, they are Adeptus
      | Astartes.
      | 
      | And the Imperial Guard? Those are Astra Militarum.
 
      | Symbiote wrote:
      | "Orc" is Old English and is used in Beowulf.
      | 
      | "Ork" is a 1990s idea of a cool spelling, like "magick".
      | 
      | https://en.wikipedia.org/wiki/Orc
 
        | jltsiren wrote:
        | Tolkien preferred "ork" in his later writings. There is
        | some discussion of the spelling in his guide to
        | translating names:
        | 
        | > It should be spelt ork (so the Dutch translation) in a
        | Germanic language, but I had used the spelling orc in so
        | many places that I have hesitated to change it in the
        | English text, though the adjective is necessarily spelt
        | orkish.
 
      | giantrobot wrote:
      | What WotC is trying to do now is say their new license
      | invalidates the old license and magically everything under
      | the OGL 1.0a is now licensed as OGL 1.1. The System
      | Resource Document has a lot of non-trademarked content
      | under the OGL 1.0a. Anyone could use those non-trademarked
      | items under that license without any sort of issues.
      | 
      | They don't have a trademark on the word "orc". They have IP
      | covering a fictional "orc" species for a role playing
      | system with some statistics and basic descriptions. This
      | generic "orc" entity was licensed under the OGL 1.0a for
      | anyone to use in their own games. Paizo and others based
      | the "orc" species on the SRD.
 
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