Paizo (publishers of Pathfinder) react to rumors of Wizards of the Coast moving from the existing Open Game License to a new, predatory license and attempting to somehow retroactively revoke the old license: https://paizo.com/community/blog

The punchline: Paizo previously used the OGL to release their original content because it was there; now they feel it is no longer trustworthy so they're making their own license.

The name: The Open RPG Creative License (ORC).

Sorry, I think I may have been unclear here— the ORCs are the good guys

If you haven't been following this: Around 2000 D&D 3e was released using OGL 1.0a, which Wizards created. After 23 years gobs of commercial work has been released depending on this license. About a week ago Wizards started privately sending creators a "OGL 1.1" with alarming terms. Originally it had a go-live date of *TODAY*. The new license immediately leaked, and there was uproar.

Today Wizards announced a livestream to discuss the controversy. Then cancelled it.

https://gizmodo.com/dungeons-dragons-ogl-announcement-wizards-of-the-coast-1849981365

Wizards of the Coast Cancels OGL Announcement After Online Ire

The new Dungeons & Dragons Open Game License was expected on Thursday afternoon, but a fan campaign against changes has caused the company to hesitate.

Gizmodo

Follow-up: So one week after canceling the launch of "OGL 1.1" aka "OGL 2.0", Wizards has launched "OGL 1.2". They brag they've addressed community concerns in various ways, but I don't think they have. For example they brag the new license contains the word "irrevocable" (although they define it to mean something special in the document so maybe it's still revocable). But the outrage was that Hasbro was trying to revoke the *old* OGL, 1.0a. And they're still doing that:

https://www.polygon.com/23562874/dnd-dungeons-dragons-ogl-1-2-release-download-feedback-survey

D&D will move to Creative Commons license, requests feedback on new OGL

A new draft of the Dungeons & Dragons Open Gaming License (OGL) places the core rules of the seminal tabletop RPG in the Creative Commons. “We’re giving the core D&D mechanics to the community,” said the executive producer. Feedback is due by Feb. 3.

Polygon
Like I don't th… I still don't think they can do that. "Deauthorize" a license they licensed content to you under previously as they purport to in that screenshot. Unless this is some kinda "by using OGL 1.2, you agree to stop using 1.0a" thing, everything I know of US contract law is if you let people go 23 years understanding "if I'm holding a copy of the book with the license in it, I have the license" you can't just say "okay backsies, the license printed on that paper isn't real anymore".
I am not a lawyer

So this extensively sourced video takes the otherwise inexplicable decisions by Wizards around the OGL and renders it all depressingly explicable: None of this ever had anything to do with 3rd party publishers. The OGL is a bullet aimed directly at "Virtual Tabletop" (OpenRPG, Roll20 etc) so Hasbro can monopolize that market with an Unreal "app" that gives Hasbro an eternal revenue stream charging you microtransactions for animations on every new spell you want to learn.

https://www.youtube.com/watch?v=J4kGMsZSdbY

Every Insider Leak I've Been Given On Wizards of the Coast

YouTube

The vision of the future sketched here, the one Hasbro is currently risking destroying D&D forever to create, is really deeply depressing. Instead of having fun painting little models and maps, or God forbid *imagining*, you just pay $3.99 over and over forever. Some leaks float the idea of eliminating the DM role entirely (an "AI" does that).

Interposing technology where it's not really needed because technology can be monetized (taxed) in a way imagination can't.

This explains why OGL1.2 is so seemingly generous (relatively, compared to the botched 1.1) toward 3P expansion publishers— even relicensing some things as Creative Commons!, though I'm not sure how much you can trust that— while leaving the sharp restrictions on "VTT"s, which I hadn't even realized were important first go round. Hasbro is doing all this *solely* to make it so you don't play D&D online with your friends without doing it in a way that creates an ongoing revenue stream for Hasbro.
@mcc I mean their name is literally "Has, Bro"
@mcc Just like the automobile industry, they saw software subscriptions and were like, "We want a piece of that too!"
@mcc it's interesting that the stuff licensed under CC is the stuff they have no hope of litigating
@mcc Bah, we already have RPGs where there's a computer instead of a DM. Some of them are even D&D-licensed.
@mcc ughhhhh they've been trying to do this forever and have never succeed. wizards announced a virtual tabletop app at gencon in 2010 (I was there).
@zrail not clear whether the people driving this initiative know enough about D&D history to know about any previous attempts by Wizards at the same thing D:
@mcc fucking rent seeking bastards
@mcc ...time for a resurgence, theater of the mind.
@mcc so...we all go back to playing in person or on zoom or discord then. Yeah, really well thought out there, Hasbro... Ugh.
@mcc Nor am I; just reading the news on this. From EFF's post (https://www.eff.org/deeplinks/2023/01/beware-gifts-dragons-how-dds-open-gaming-license-may-have-become-trap-creators), it sounds like they very much can do a backsies on this. In his video, LegalEagle did make the interesting point, though, that if they did, then Wizards might be subject to a promissory estoppel (https://www.law.cornell.edu/wex/promissory_estoppel) by third-party publishers who reasonably relied on OGL 1.0x being irrevocable.
Beware the Gifts of Dragons: How D&D’s Open Gaming License May Have Become a Trap for Creators

The company that owns Dungeons and Dragons (D&D) is planning to revoke the open license that has, since the year 2000, applied to a wide range of unofficial, commercial products that build on the mechanics of the game.

Electronic Frontier Foundation
@cgranade That second thing is what I was thinking when I mentioned contract law, yeah. If someone undertakes a business activity understanding a read of a legal document, and you don't stop them, then that can create an implicit contract sometimes, & you can't go back and say "well, I always understood the contract differently". This is worse for Hasbro bc the ex-employee original license grantors will come back and testify Hasbro's new interpretation is NOT how they understood it at the time.
@mcc Right, agreed. What makes that complicated is that someone would have to have already relied on that promise for estoppel to apply, I think? So new or smaller indie third-party publishers can't use 1.0a going forward? Maybe?
@mcc we have printed the new license on a piece of paper that's secret and based on this secret piece of paper we haven't shown anyone, we have deauthorized the old license
@particles I am very much find fascinated by the [effective date] in the text. I understand it's a draft but they're basically telling 3p publishers "do you have works in the pipeline targeting 5e? well you better publish them before [effective date]!"
@particles Drawing an additional box on my calendar for a day labeled "EFFECTIVE DATE" with a marker, then drawing a big red circle around it
@mcc let's just say hypothetically that everyone "releases" a project right now under the original OGL, or maybe let's say, releases 100 projects right now under the original OGL, and then just "updates" them with real content later?

@mcc that's not what they're doing, though

that's what they wanted to do, but the new one (and your screenshot) clarifies that they're not retroactively invalidating the license, just that they're no longer offering it to anything new, and aiui that's perfectly fine

it's like the equivalent of taking your source code and relicensing it from MIT to All Rights Reserved; you're within your rights to do that, and going forward nobody else can use it, but the change doesn't apply retroactively

@demize So there's several points in conceptual space here

1. Published 1.0a works can continue being published, books first published after Effective Date can't. (What the text of the document seems to say)
2. Someone who accepted before the "deauthorize" date can keep using 1.0a, but someone who receives a copy of a 1.0a book after that date can't. (Kit Walsh of EFF: https://en.wikipedia.org/wiki/Open_Game_License)

[continues…]

Open Game License - Wikipedia

@demize

[…continued]

3. 1.0a content can still be used under 1.0a, but if you ever use 1.2 content, you are blocked from using 1.0a content ever again. (My theory)
4. 1.0a content can keep being used, but content released as 1.2 is 1.2-only. (Your theory? Kyle Orland's theory?)

(3) or (4) is how I would *assume* it has to work. If it's (1) or (2) it seems like they'd have to create new law. But a plain reading seems to say (1) or (2).

@mcc @demize It could well be true that none of those holds to the exclusivity of all others — courts in different jurisdictions may differ, for instance. It may also come down to subtle differences between whether a case concerns uncopyrightable components, fair-use components, or some mix thereof. For large enough third-party publishers, the point about estoppel may make the whole thing moot.

It's all a giant mess.

@cgranade @demize And unless the EFF is paying for everything, the law costs for that lawsuit are probably bigger than the budget of many 3p publishers for the book they wanted to publish.
@mcc @demize There's a difference between being in the legal right and being able to afford to prove that in court, 100%.

@mcc it feels like the they're trying to phrase it as "anything published after the effective date must use 1.2" but... that's also not really how it works? because that implies things that just aren't right

like say I'm making a TV show based on it, and the "effective date" is in between two episodes... I don't think there's any way to justify that the second episode can't be licensed under 1.0a? but that's what it sounds like they're trying to do?

they need more than one paragraph here

@mcc the only good thing here is that ambiguity in contracts is resolved against the drafter, so if they do try to sue someone over this, then the incredible ambiguity of that paragraph will give them a real hard time
@demize @mcc I think that's where
Hasbro's investor presentation the other day comes in: they don't seem too interested in backing down from the idea that WotC is in competition with 3P publishers and even DMs building off of D&D. Given that, I'd expect them to keep fighting well beyond most 3P publishers' legal budgets (as to @mcc's point above).
@mcc yeah they're definitely making a huge mess of things, and it's probably not going to work exactly how they expect it to... thinking about it a bit more, "I got this book when 1.0a was still valid" is just a huge messy grey area that they're going to have a fun time trying to argue over in court, if they actually try to sue anybody over this
@mcc that's how it works with software licenses. You can issue your software under a new license but the old is still valid. Version 1.1 of something might be proprietary but if they release 1.0 under GPL, it's there forever.

@rbos That's the naive view, complicating this is that GPL 1.0 ( see section 7 ) has explicit text indicating that when new GPLs are released that GPL 1.0 remains valid for GPL 1.0 released code. OGL 1.0a may not have had such clear succession language, potentially leaving it up to a court to decide if succession language is implied.

Complicating THAT are contract doctrines like promissory estoppel or laches.

@mcc Very interesting, thanks! I only knew the one-sentence simplified answer. Thanks for the clarification.
@rbos Similarly the MIT license does not contain the word "irrevokable" but it does specify permission is granted "to any person obtaining a copy of this software and associated documentation files", implying simply by downloading a copy the license is given to you. I haven't read OGL 1.0a to see if anything similar is present.
@mcc this is my understanding as well, which makes it a wild move. I am also not a lawyer.. I am also not a lawyer.
@mcc The interesting thing to me is that that's not part of the OGL 1.2. It's part of the introduction. So maybe they're trying to pressure people into using 1.2 but aren't sure they can get it through as part of the license?
@mcc It seems pretty obvious that if you can just unilaterally revoke a license that hasn't expired, it isn't a license at all. It's just a promise with no legal meaning.

@CarlMuckenhoupt Yeah, like… okay so let's say I publish a book in which Donald Duck is the main character. I can continue to publish the book until such time as Disney tells me to stop.

Now imagine Disney gives me a license to publish books with Donald Duck, and I do so for 5 years, and then Disney arbitrarily revokes the license. I could do it until they told me to stop. So what did the license add? Waiving damages for works already sold? Seems to defeat the core purpose of a license.

@CarlMuckenhoupt I guess what I'm saying here is, Right! Exactly! That thing you said!

@mcc In the screenshot you posted, it doesn't sound like they are trying to do backsies?

I'm also not a lawyer, but it looks like it's saying you can't make *new* content licensed OGL 1.0a 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."

@carol The problem is that's still catastrophic, especially if (effective date) turns out to be the day the license is formally released. A typical book could have a production cycle of 18 or so months. Once it's done writing, there might be a lead time of many months while it's being printed, queued up for Kickstarter fulfillment, etc. If on month 17 you find out you don't have a license anymore, you are fucked, and IANAL but IMO you have a strong case to show up in court and yell "ESTOPPEL!"
@carol Like just yell it like a magic spell. ESTOPPEL!
@carol Now, if somehow (and I don't know how) we move the goalposts to "fine you can publish the books in the pipeline, but NO MORE AFTER THAT", or (effective date) is put 2 years in the future to make that effectively the case… I'm not *as* sure there's a legal case against Hasbro. But all those publishers are finding out they have to change their line of business completely overnight, and regardless of whether you have legal recourse that's still unpleasant to hear.
@mcc a license is a contract; a contract can be invalidated if its terms allow for it to be, and a company can stop offering to make that contract with people at any time