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Culture War Roundup for the week of January 23, 2023

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Wizards of the Coast, who own Dungeons and Dragons, have been in the news lately because their OGL 1.1 was leaked. The OGL was an open source-like license, originally from 2000, which allowed people to create D&D-related works and which was supposed to not be revocable, as confirmed by its drafters. WOTC is trying to revoke it by using a clause referring to "authorized" versions of the license and claiming to have de-authorized the earlier license. The new replacement license requires giving 25% of your revenue to WOTC, makes you send a copy of your content to WOTC which they can then publish for free, and they can revoke it at any time making all your products instantly unsalable.

After backlash from fans, WOTC officially released a 1.2 license instead, which has similar problems, but worded a bit more subtly.

The culture war element comes from this clause:

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.

I hope the problems with this are obvious to everyone here. I absolutely don't want a world where people with the wrong political beliefs can be barred from producing game materials. But every objection I've seen to this clause by fans has been a twenty Stalins objection: WOTC has produced discriminatory material in the past and can't be trusted to do this properly. There have been calls to have WOTC outsource this to an independent tribunal. Just, take it out because even people with unpopular opinions should be able to put them in games? No, nobody believes that.

(Links are trivial to google, but it's hard to find a site that has everything correct all at the same time, and is up to date as well, and also engages in trustworthy journalism in general. This EFF post at least covers part of the initial controversy, though you'll have to follow links to see what's in the license.)

I hope the problems with this are obvious to everyone here. I absolutely don't want a world where people with the wrong political beliefs can be barred from producing game materials.

Again as with Twitter, I think WOTC have the absolute right to decide who uses their IP via license and contract agreements, if they want to stop everyone left wing, right wing or whatever then that is up to them (and their bottom line). Note you can put whatever opinions you want in games or have them, you just can't do so with their license and IP and that should be their choice to control (or not).

I think that people with whatever opinions should be able to make games, but I also think WOTC has the right to decide who can do that for their licenses specifically.

And then people have an absolute right to not buy/use their products or go to a competitor if they don't like their stance.

But then I haven't liked a DnD product since 3.5 so it's no skin off my nose to avoid buying their stuff, as I haven't for years. Pathfinder 1E is a good substitute for 3.5 and Pathfinder 2E is excellent in my opinion and splits off further from DnD mechanics at least somewhat. Though not sure that helps you from a non-woke direction as I think Paizo are perceived as more woke than WOTC.

Again as with Twitter, I think WOTC have the absolute right to decide who uses their IP via license and contract agreements, if they want to stop everyone left wing, right wing or whatever then that is up to them (and their bottom line). Note you can put whatever opinions you want in games or have them, you just can't do so with their license and IP and that should be their choice to control (or not).

I agree with you in principle, but I think one of the issues here is that the FAQ for the original OGL website heavily implied, and several higher ups working for WotC at the time of its original release outright stated that the original OGL is an irrevocable license. Many of the companies that have relied on the OGL for 23 years (some of which consisting of employees who were working for WotC at the time), believe that WotC cannot legally revoke the OGL 1.0a, but few of them have the money to actually fight a protracted court battle and prove it.

The other issue is that many creators used the OGL as an open license, even when they were making their own material and just wanted it to be available for 3rd Party Publishers to use. Several games that have nothing to do with D&D will be affected by this, including the OpenD6 gaming line (descended from Star Wars D6 and Ghostbusters RPG), which unfortunately had its original creators go bankrupt, and which might not exist in a form where they could easily relicense their product to keep the OpenD6 community able to remix and share their creations as intended.

It also greatly complicates the position of OSR products, inspired by old school version of D&D. Granted, there are already a few OSR games that are compatible with old school D&D, and which are under Creative Commons licenses, like Knave, and Basic Fantasy Roleplaying has been frantically scrubbing all OGL material from their books, and will be re-releasing a 4th edition under a Creative Commons license, so while there will be a hiccup, it does seem like the OSR space will be able to weather this change. Still, it's a pain in the neck to have good portions of the D&D-based gaming space scrambling to change their products just to avoid a lawsuit.

US copyright law is clear that game mechanics can't be copyrighted, but the exact limits of where "game mechanics" end and "creative expression" begin has never been tested in the RPG space. The OGL was the magic feather that made large portions of the publishing space work, especially after how litigious TSR had been when it was the owner of D&D. In terms of the overall health for D&D-like fantasy role-playing, WotC may or may not be able to actually de-authorize the OGL 1.0a (time will tell), but if they are successful it will be a huge blow for the creativity within that publishing space, and a huge change in the status quo for major parts of the industry.

Pathfinder 1E is a good substitute for 3.5

Unfortunately, Pathfinder 1e uses the OGL 1.0a, which is being de-authorized by WotC, and so its continued legality will be up in the air. WotC has claimed that they won't go after previously published products, but considering the whole current OGL controversy is them doing something they promised they wouldn't do 23 years ago, it's hard to see what's stopping them from sending cease and desist letters to every Pathfinder 1e SRD site, every OSR company that uses the OGL, etc., and blowing up a good portion of the RPG space if they want to.

Pathfinder 2e is supposedly safe, and will be re-licensed under the ORC license soon so that 3rd party publishers can publish adventures for it.

agree with you in principle, but I think one of the issues here is that the FAQ for the original OGL website heavily implied, and several higher ups working for WotC at the time of its original release outright stated that the original OGL is an irrevocable license. Many of the companies that have relied on the OGL for 23 years (some of which consisting of employees who were working for WotC at the time), believe that WotC cannot legally revoke the OGL 1.0a, but few of them have the money to actually fight a protracted court battle and prove it.

Oh sure, don't get me wrong I am not defending WOTC's overall actions. Especially that nonsense. Just defending the idea in general that a company should be entitled to decide who gets to use their IP and so on. I think they have had enough bad publicity that Pathfinder 1E is pretty safe.