WotC Cannot Deauthorize the OGL 1.0a, and That Matters
There’s a new OGL draft, 1.2, which WotC has released for discussion.
It still claims WotC has the power to stop people from using the OGL 1.0a by “de-authorizing” it. That’s not a term acknowledged by the OGL 1.0a, and it’s not one with a legal meaning.
WotC is still trying to take away the promises of the OGL 1.0a, and that is 100% unacceptable. (The short version of why is if someone gives you 20 things for you to use however you want, and promise never to take any away, then they say they are taking back 18 of them anyway, it is NOT a victory if they decide to only take 12, or even only take 1. And WotC should be well aware of this.)
First, while some base set of rules is supposedly going to be released on a Creative Commons license, that explicitly does not cover things like Magic Missile and Owlbears. WotC opted to release those concepts under the OGL 1.0a, and did so multiple times over the years. They don’t now get to claim can force you to use a new license rather than follow the old one.
Second, their claim they “have to” to prevent “harmful, discriminatory, or illegal” is spurious at best. If you publish *illegal* content, obviously they have legal options to stop you. As far as “harmful” and “discriminatory” go, a huge part of making something Open is to prevent a corporation from getting to decide what is in good taste.
The license specifically forbids “obscene” material, without defining it. If you decide to include a happy gay owlbear couple, Wotc can say that it’s obscene under OGL 1.2 and cancel your license. That’s not a power they reserved for themselves under 1.0a, and given big corporations’ track records, there’s no guarantee they won’t abuse the power if it is given to them.
Third, they restrict the OGL 1.2 to “any content in the SRD 5.1 (or any subsequent version of the SRD we release under this license) that is not licensed to you under Creative Commons.”
So WotC is claiming you can’t do *anything* with the 3.0. 3.5, and d20 Modern SRDs. They are not part of the CC release. They are not allowed under OGL 1.2. Also, of course, they’re shutting off OGL products built off Open d6, Fate, Fudge, and other game systems released under OGL 1.0a that WotC had absolutely no hand in creating.
So when the survey opens? If you can fill it out without making a D&D Beyond account, do so and tell them this is 100% unacceptable. The only reason to attempt to invalidate the OGL is to steal back rights that were openly and freely given, which WotC has significantly benefited from, and which entire careers were built in reliance on.
That bad faith effort must be refused and fought.
And if you can’t fill the survey without making an account? That’s also a bad faith measure, and will call for strenuous protest to keep this debate in the public.
And ALL of those efforts must focus on the actions of WotC itself, NOT on attacking WotC staff or spreading rumors. At this point, WotC is telling use exactly what they are planning to do, and that’s the ground to fight them on.
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Posted on January 19, 2023, in Business of Games and tagged Business, Essays, Industry Insider, OGL Issues. Bookmark the permalink. Leave a comment.
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