#OGL #TTRPG thoughts, 2023-01-19 Edition:
I've seen today's posting from #WizardsOfTheCoast. There is good and there is bad. There is *so much* bad though.
Let's start with the good:
If they follow through on the pledge to publish the SRD itself under #CreativeCommons CC-BY-INTL that's actually *really* good. I like that. A lot.
In the OGL 1.2 draft, it explicitly disclaims the "pray we do not alter the deal further" provision that was in 1.1:
> `7`. MODIFICATION OR TERMINATION
>
> (a) Modification. We may only modify the provisions of this license identifying the attribution required
under Section 5 and the notice provision of Section 9(a). We may not modify any other provision.
I like that.
They did a pretty good job of walking back the "license-back" language from 1.1; that is no longer present. I like that, too
Welp, so much for the good; now for the bad:
In the introductory [post](https://www.dndbeyond.com/posts/1432-starting-the-ogl-playtest), Wizards _claims_ to plan to publish the SRD under CC-BY-INTL, but the text of the OGL 1.2 draft attempts to further constrain SRD usage. This is an aboslute nonstarter. The SRD is either under CC, or it is not; you don't get to double-dip, Wizards. Nice try. Relevant section:
> `1`. LICENSED CONTENT
>
> (a) Content Covered
>
> (i) Our Licensed Content. This license covers any content in the SRD 5.1 (or any subsequent version of
the SRD we release under this license)
The draft explicitly attempts to 'deauthorize' 1.0(a). This will be a complete nonstarter for so many publishers. Amusingly, it leaves OGL 1.0 untouched. It also touches of permitting SRD usage, but whoops, I thought that was supposed to be CC-BY-INTL?
> NOTICE OF DEAUTHORIZATION OF OGL 1.0a. The Open Game License 1.0a is no longer an authorized license. This
means that you may not use that version of the OGL, or any prior version, to publish SRD content after (effective
date). It does not mean that any content previously published under that version needs to update to this license.
Any previously published content remains licensed under whichever version of the OGL was in effect when you published that content.
So remember when I said they walked back the "we can steal your stuff" parts of 1.1? They replaced it with "if we do, and if you sue, we raise the standard of proof *so* much higher than the standard usually is that there will be no point in even trying". Section 3(a), (b):
> (a) Any such claim will be brought only as a lawsuit for breach of contract, and only for money damages. You expressly agree that money damages are an adequate remedy for such a breach, and that you will not seek or be entitled to injunctive relief.
> (b) In any such lawsuit, you must show that we knowingly and intentionally copied your Licensed Work. Access and substantial similarity will not be enough to prove a breach of this Section 3.
Wizard has still preserved for itself a unilateral, unimpeachable mechanism to revoke anyone's license by declaring it to be 'hateful' at its sole discretion and definition. And you don't get to appeal. Section 6(f):
> (f) No Hateful Content or Conduct. You will not include content in Your Licensed Works that is harmful,
discriminatory, illegal, obscene, or harassing, or engage in conduct that is harmful, discriminatory, illegal,
obscene, or harassing. We have the sole right to decide what conduct or content is hateful, and you
covenant that you will not contest any such determination via any suit or other legal action.
They also preserve an "if you actually try to sue us anyhow, you lose your license" killswitch. Section 7(b)(i):
> `7`. MODIFICATION OR TERMINATION
>
> (b) Termination
>
> (i) We may immediately terminate your license if you infringe any of our intellectual property; bring an action challenging our ownership of Our Licensed Content, trademarks, or patents; violate any law in relation to your activities under this license; or violate Section 6(f).
Then, it gets somehow even worse. Virtual Tabletops have their _own_ policy which is mostly benign, but it has a really terrible and indefensible poison pill in it. After some nice and unnecessary language explaining that you can use the SRD as an SRD even within a #VTT context, they go on to say:
> What isn’t permitted are features that don’t replicate your dining room table storytelling. If you replace your
imagination with an animation of the Magic Missile streaking across the board to strike your target, or your VTT
integrates our content into an NFT, that’s not the tabletop experience. That’s more like a video game.
What in the actual strawberry-flavored bacon-encrusted tap-dancing actual *fuck*? No, Wizards, you do not own the idea of animating a magical effect. Nuh-uh. If you make an animation, I can't steal your GIFs or aPNGs or particle renderers or whatever and use them myself, but you DO NOT get to claim all to yourself the idea of animating spell effects. This is beyond the pale.
If the OGL 1.2 draft in its entirety was "The SRD is in CC-BY-INTL, and the OGL1.0(a) otherwise stands as written" but also had this one provision from the Virtual Tabletop policy in it, I would still be rounding up the torches and pitchforks. This is utterly indefensible.