Open Game License

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Open Gaming License

Introduced by Wizards of the Coast with Dungeons & Dragons 3rd edition, the Open Gaming License is a copyright license for TTRPGs. It rips off of the GNU Public License that made open source software so ubiquitous. The idea is that you can make splatbooks and derivative works without paying hefty royalty cheques, so long as you don't pass yourself off as "official" support material, and you let other people make stuff derived from your stuff. Plus US courts have held you can't copyright game rules, only the words used to describe them, so you don't actually lose that much.

Giving things away for free, even if it means you get truckloads of new content you didn't have to hire writers for, and it gives your product most of the market share, is still scary to execs and suits, so Wizards of the Coast "improved" the Open Gaming License in 2008 to the "Game System License," which allowed developers to use D&D trademarks like beholders, but forces them to stamp their products with WotC and D&D logos, and WotC can change the rules at any time without notice, and if they decide to sue someone the target agrees to pay the legal fees up-front. Understandably, authors said "fuck that noise" and stuck with the OGL.

Eventually Wizards realized (translation: copied from the greedy fucktards at Bethesda) that you don't have to pay writers to make lots of supplements if you let fanboys write them for you and take a hefty slice off the top, so in January 2015, they released the Systems Reference Document for Dungeons & Dragons 5th Edition under the OGL v. 1.0a containing just enough for supplement writers to write 5e-compatible books and created the Dungeon Master's Guild, which allows developers to use D&D trademarks (and settings like Forgotten Realms) but with Wizards taking half of all revenue and reserving the right to steal your shit to sell again as DLC for their licensed vidyas. This means that Wizards has successfully introduced the concept of paid mods to tabletop gaming, and this time developers seem to have taken the bait. At least you can tell them to fuck off and just use the SRD, even if it's the absolute bare minimum to work with.

When you use the OGL, the stuff that you don't want copied and passed around has to be explicitly stated (See definition 1e, and item 7 below "Product Identity".). Since Wizards retained all trademarks that can possibly refer what the hell something is supposed to be based on or compatible with, "OGL" also sees use to refer to what a system is. This would be confusing, but the exact nature of the OGL means there's no real reason to use it over a very similiar but legally distinct license if the product isn't ultimately a derivative of 3E D&D or, more rarely, d20 modern.

Version 1.1

This article or section contains opinions shared by all and/or vast quantities of Derp. It is liable to cause Rage. Take things with a grain of salt and a peck of Troll.
This article or section is about a topic that is particularly prone to Skub (that is, really loud and/or stupid arguments). Edit at your own risk, and read with a grain of salt, as skubby subjects have a bad habit of causing stupid, even in neutrals trying to summarize the situation.

" A couple of last thoughts. First, we won’t be able to release the new OGL today, because we need to make sure we get it right, but it is coming. Second, you’re going to hear people say that they won, and we lost because making your voices heard forced us to change our plans. Those people will only be half right. They won—and so did we. "

– Wizards of the Coast, trying to cover it’s tracks

In late 2022, an update to the OGL was leaked, no denial was forthcoming just a "coming soon Jan 13th 2023" (of course it's coming out on Friday the 13th, the bastards) and it looks like Hasbro/WOTC is perched to shit the bed. The siren call of rent-seeking can only be abjured for so long. Among the improvements in this leaked document are:

  • Revoking OGL 1.0a. Already-published stuff won't get retroactively changed, but after January Hasbro's lawyers won't respect new material published under OGL 1.0a.
    • This is despite the fact the OGL specifically states it's perpetual, so this will go well in court because while WotC is absolutely going to try and argue perpetual =/= non-revocable, a good number of countries that aren't America (most notably the majority of the Commonwealth countries) have precedents to the opposite (mostly in the form of a perpetual lease for land, either way the use of "perpetual" in contracts has long been interpreted to be almost identical to making it non-revocable).
  • "Commercial" and "Non-Commercial" versions. They literally state if you get paid by "your brother doing your chores for a week" then you must use the Commercial version.
  • If you make gross revenue over $50,000 in one year from your combined OGL stuff, you must voluntarily give WOTC a copy of your ledgers for them to audit. They call this "leveling-up".
  • If you make gross revenue over $750,000 in one year from your combined OGL stuff, you gotta give Hasbro 20%-25% of whatever's above 750,000. Note the use of gross, not net - that means it's taken before factoring in expenses, meaning that Hasbro can cuck you out of being able to pay to manufacture what got you to this level of revenue in the first place.
  • WOTC owns the copyright, trademark and patent for anything licensed by OGL 1.1. So do you, but if you're good enough then Hasbro spins up the printing engines (or grants the license to any of their partners) and you get to compete against them, good fucking luck.
  • No more software, not even a form-filling PDF, "games and supplements in printed media and static electronic file formats" can be made without Uncle Wizards' permission. Among the formats they explicitly name as no-go are: videos, games, novels, apps, graphic novels, music, songs, dances and pantomimes. Yeah, fuck mimes amirite?
  • WOTC can revoke your license at any time. The license states that this is mainly aimed at "bigoted and other brand-damaging content," but considering how anti-competitive the rest of the license is and how these criteria are not spelled out, it effectively means they can revoke your license on a whim. Have a squeaky clean supplement but say mean things about Hasbro on twitter? They'll find an excuse to get your content pulled.
  • Much of the new license is written from a very Amerifat perspective and relies on clauses that are outright illegal in actual first world countries (and even a number of supposedly third world ones). See below for an example:

"Additionally, You waive any right to sue over Our decision on these issues. We’re aware that, if We somehow stretch Our decision of what is or is not objectionable under these clauses too far, We will receive community pushback and bad PR, and We’re more than open to being convinced that We made a wrong decision. But nobody gets to use the threat of a lawsuit as part of an attempt to convince Us."

– Wizards of the Coast, failing to realise that a large number of countries have significant restrictions on contracts enforcing one party to waive the right to sue the other, to the extent that including such a clause may invalidate the entire contract.

To nobody's surprise, plenty of third-party publishing houses are jumping ship, having a fire sale on their D&D-related stock and looking for alternate systems to write for, if they're not deciding to make their own games. Companies that don't make D&D content but do publish under the OGL 1.0 are experiencing their own dilemmas about how to move forward, whether it be ditching the OGL altogether or scrapping together their own licensing (whether it be making their own or seeing how Creative Commons can be applied). You can just smell the "I told you so" smug coming off Paizo right now.

Well, that smugness only amplified tenfold when Paizo broke their silence and announced that they'd be collaborating with a number of fellow RPG devs to create their own Open RPG Creative License, a system-agnostic license which would keep the spirit of OGL 1.0a alive that's not owned by Paizo or any of the other collaborators, but by a law firm that's had history representing publishers and has a co-founder who helped create the damn OGL...until they find a suitable owner to take it open-source similar to how Linux operates. And to top this all off, it's also been shortened to ORC, which might be mere coincidence, but there's no way any neckbeard savvy enough would pass up the obvious jabs made.

Because who knew that people wouldn't just accept your forced attempt to make them pay you. Surely, they wouldn't just jump ship to the numerous other alternatives already existing? It's not like this has ever happened before in recent memory, right?

As expected, WOTC backpedaled in the most limp-dicked fashion imaginable, changing the new OGL but not removing the clause that says they can change the agreement with 30 days' notice (meaning the changes mean jack shit since the original plan could just be reinstated).

Version 1.0a

'OPEN GAME LICENSE Version 1.0a'

The following text is the property of Wizards of the Coast, Inc. and is Copyright 2000 Wizards of the Coast, Inc ("Wizards"). All Rights Reserved.

1. Definitions:

  • (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content;
  • (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted;
  • (c) "Distribute" means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute;
  • (d) "Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity.
  • (e) "Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content;
  • (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor
  • (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content.
  • (h) "You" or "Your" means the licensee in terms of this agreement.

2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License.

3. Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License.

4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

5. Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License.

6. Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and You must add the title, the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute.

7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.

8. Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are 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.

10. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.

11. Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so.

12. Inability to Comply: If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Open Game Content due to statute, judicial order, or governmental regulation then You may not Use any Open Game Material so affected.

13. Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License.

14. Reformation: If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

15. COPYRIGHT NOTICE

  • Open Game License v 1.0 Copyright 2000, Wizards of the Coast, Inc.
  • System Reference Document Copyright 2000-2003, Wizards of the Coast, Inc.; Authors Jonathan Tweet, Monte Cook, Skip Williams, Rich Baker, Andy Collins, David Noonan, Rich Redman, Bruce R. Cordell, John D. Rateliff, Thomas Reid, James Wyatt, based on original material by E. Gary Gygax and Dave Arneson.
  • (your game here) © year, your real name, company you were working for

Unfortunately, this is going to be replaced by the cashgrab that is 1.1. We'll likely retain this for posterity, to remind us of what was lost.

Parts of D&D that are not Open Game Content

The following items are designated Product Identity, as defined in Section 1(e) of the Open Game License Version 1.0a, and are subject to the conditions set forth in Section 7 of the OGL, and are not Open Content: Dungeons & Dragons, D&D, Player's Handbook, Dungeon Master, Monster Manual, d20 System, Wizards of the Coast, d20 (when used as a trademark), Forgotten Realms, Faerûn, proper names (including those used in the names of spells or items), places, Red Wizard of Thay, the City of Union, Heroic Domains of Ysgard, Ever-Changing Chaos of Limbo, Windswept Depths of Pandemonium, Infinite Layers of the Abyss, Tarterian Depths of Carceri, Gray Waste of Hades, Bleak Eternity of Gehenna, Nine Hells of Baator, Infernal Battlefield of Acheron, Clockwork Nirvana of Mechanus, Peaceable Kingdoms of Arcadia, Seven Mounting Heavens of Celestia, Twin Paradises of Bytopia, Blessed Fields of Elysium, Wilderness of the Beastlands, Olympian Glades of Arborea, Concordant Domain of the Outlands, Sigil, Lady of Pain, Book of Exalted Deeds, Book of Vile Darkness, beholder, gauth, carrion crawler, tanar'ri, baatezu, displacer beast, githyanki, githzerai, mind flayer, illithid, umber hulk, yuan-ti.

-Revised (v.3.5) System Reference Document, Wizards of the Coast

Yes, they seem to have trademarked "Ever-Changing Chaos of Limbo" and even Gauths, like seriously out all the interesting and not so interesting beholderkin the only one they decided to trademark was the puny insignificant Gauths? Really makes you wonder what the the guys who wrote the OGL were smoking.

Works that use the OGL

This is not a complete list. Also, all of these use 1.0, so expect this list to be severely truncated once 1.1 puts on the chokehold and people jump over to the way-less-vulnerable-to-corporate-bullshit ORC.

See Also

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