D&D Publisher Addresses Backlash Over Controversial License

An anonymous reader quotes a report from TechCrunch: After a week of silence amid intense backlash, Dungeons & Dragons publisher Wizards of the Coast (WoTC) has finally addressed its community's concerns about changes to the open gaming license. The open gaming license (OGL) has existed since 2000 and has made it possible for a diverse ecosystem of third-party creators to publish virtual tabletop software, expansion books and more. Many of these creators can make a living thanks to the OGL. But over the last week, a new version of the OGL leaked after WoTC sent it to some top creators. More than 66,000 Dungeons & Dragons fans signed an open letter under the name #OpenDnD ahead of an expected announcement, and waves of users deleted their subscriptions to D&D Beyond, WoTC's online platform. Now, WoTC admitted that "it's clear from the reaction that we rolled a 1." Or, in non-Dungeons and Dragons speak, they screwed up.

"We wanted to ensure that the OGL is for the content creator, the homebrewer, the aspiring designer, our players, and the community -- not major corporations to use for their own commercial and promotional purpose," the company wrote in a statement. But fans have critiqued this language, since WoTC -- a subsidiary of Hasbro -- is a "major corporation" in itself. Hasbro earned $1.68 billion in revenue during the third quarter of 2022. TechCrunch spoke to content creators who had received the unpublished OGL update from WoTC. The terms of this updated OGL would force any creator making more than $50,000 to report earnings to WoTC. Creators earning over $750,000 in gross revenue would have to pay a 25% royalty. The latter creators are the closest thing that third-party Dungeons & Dragons content has to "major corporations" -- but gross revenue is not a reflection of profit, so to refer to these companies in that way is a misnomer. [...] The fan community also worried about whether WoTC would be allowed to publish and profit off of third-party work without credit to the original creator. Noah Downs, a partner at Premack Rogers and a Dungeons & Dragons livestreamer, told TechCrunch that there was a clause in the document that granted WoTC a perpetual, royalty-free sublicense to all third-party content created under the OGL.

Now, WoTC appears to be walking back both the royalty clause and the perpetual license. "What [the next OGL] will not contain is any royalty structure. It also will not include the license back provision that some people were afraid was a means for us to steal work. That thought never crossed our minds," WoTC wrote in a statement. "Under any new OGL, you will own the content you create. We won't." WoTC claims that it included this language in the leaked version of the OGL to prevent creators from being able to "incorrectly allege" that WoTC stole their work. Throughout the document, WoTC refers to the document that certain creators received as a draft -- however, creators who received the document told TechCrunch that it was sent to them with the intention of getting them to sign off on it. The backlash against these terms was so severe that other tabletop roleplaying game (TTRPG) publishers took action. Paizo is the publisher of Pathfinder, a popular game covered under WoTC's original OGL. Paizo's owner and presidents were leaders at Wizards of the Coast at the time that the OGL was originally published in 2000, and wrote in a statement yesterday that the company was prepared to go to court over the idea that WoTC could suddenly revoke the OGL license from existing projects. Along with other publishers like Kobold Press, Chaosium and Legendary Games, Paizo announced it would release its own Open RPG Creative License (ORC). "Ultimately, the collective action of the signatures on the open letter and unsubscribing from D&D Beyond made a difference. We have seen that all they care about is profit, and we are hitting their bottom line," said Eric Silver, game master of Dungeons & Dragons podcast Join the Party. He told TechCrunch that WoTC's response on Friday is "just a PR statement."

"Until we see what they release in clear language, we can't let our foot off the gas pedal," Silver said. "The corporate playbook is wait it out until the people get bored; we can't and we won't."

Important clarifications and legal wiggle room

[Fallen Kell]

It is very important to also understand some of the distinctions in what WotC is saying about the new OGL even in this latest communication. They are saying that they won't own the derivative works and that you, the content creator, still own those rights. That is true, we would still own those rights, but by signing the new version of the OGL you would also be granting the right to WotC to have a perpetual usage right in which they can then use to publish those works in their own products which they can sell WITHOUT giving you and compensation. And that is still the problem.

We do need to wait and see still, but even the latest info they are saying about these changes, they are still giving themselves plenty of legal room to do exactly everyone is backlashing against. They are just stating it in a way that makes it seem to someone who is not a lawyer that they have relented and given in. Yes, you still own the rights, but you granted us the ability to use them for free....

Re: Important clarifications and legal wiggle room

[wierd_w]

I would look real closely at the planned content for the deal they signed with Paramount.

If they need/want to use 3rd party content in their new 'direct to series' live action remake of the cartoon series, you have a smoking gun for the OGL license change.

Re:

[Xenx]

Mostly/most likely, the licensing section is for their VTT and possibly other digital sales. I'm not saying it's good, but it's likely not as bad as people think... At least in intent.

Re: Important clarifications and legal wiggle room

[HiThere]

If you say "at least in intent", you should qualify that to "at least in current intent". Even then I think you're being....overly trusting.

Re:

[Xenx]

The problem is that the bit about getting a license of the created content is rather standard in those specific kinds of situations. It may be that Wizards/Hasbro plan(ed)s to abuse it, or it could just as easily be that they took that standard boilerplate and didn't bother to adapt it better for their intent. Hanlon's razor and all that. And to be clear, I'm not giving them a pass. I just think people are getting too worked up about Wizards trying to "steal" created content, when in reality they're probabl

Re: Important clarifications and legal wiggle room

[Anonymous Coward]

It may be that Wizards/Hasbro plan(ed)s to abuse it, or it could just as easily be that they took that standard boilerplate and didn't bother to adapt it better for their intent. Hanlon's razor and all that.

Hasbro made 1.6 billion dollars last quarter on D&D.
They have team of 120 contract lawyers on staff.

There is no possibility they took some random boilerplate and forgot to adapt it.
Every single word was crafted specifically and with full intent towards their wants and goals.

Hanlon's razor doesn't apply, this isn't the result of stupidity or laziness.
It's the result of a corporation doing exactly what corporations exist to do - to make money.

Re:

[HiThere]

Yes, but the ideas that the individual lawyers had may well go beyond the ideas that the management currently has. A corporation is not a unitary entity.

OTOH, once the capability is there, some future management will certainly consider the idea.

Re:

[Xenx]

You throw out a bunch of your own assumptions as some kind of evidence than an adage doesn't apply? Beyond that, you couldn't even bother to be accurate. Hasbro made $1.6bil total in Q3 2022. Wizards of the Coast is only worth something like 20% of Hasbro's revenue, and by far the bulk of that is Magic the Gathering. D&D is somewhere in the neighborhood of 2% of Hasbro's revenue.

TSR needs to just.

[Anonymous Coward]

...separate from this shit show, go it alone and bring back Gygax and the rest of the crew.

Re:

[quonset]

...separate from this shit show, go it alone and bring back Gygax and the rest of the crew.

You have a resurrection spell [wired.com], or possibly a wish lying around?

Re:

[alvinrod]

I'm pretty sure some low level necromancy would suffice.

Re:

[sabt-pestnu]

While some players might not be distinguishable from zombies, some times, game developers are another thing entirely.

You have to make liches out of them...

Re:

[nagora]

Honestly, that's the least of the problems. Yeah, it would suck but compared to the fact that they can shut you down completely because they don't like your content and they don't have to explain or justify it to anyone it's pretty minor.

Re:

[tlhIngan]

The thing is, Papa Hasbro is sick.

Stock price is down. Revenue is falling. WotC makes up about 35% of Hasbro's revenue. (Debatable - it's claimed Magic The Gathering makes up 35% of Hasbro's revenue, but let's just claim all of WotC).

Papa Hasbro is leaning on WotC to make up the shortfall. WotC hired a CEO who came from Xbox and Amazon and the like, but has no experience in games and she unfortunately has no clue about things.

It's why they made such unfortunate statements like "our customers are unfortunate

Re:

[zlives]

insightful,
its the same fix the quarterly number for my parachute before exit mentality. then let it all burn and who cares.
fuck wotc

Re:

[sabt-pestnu]

Along with a number of other things they need to change, they need to add the word "irrevocable".

It would be really, really nice, though, if they themselves pointed out that the mechanics of the game are not copyrightable. They aren't. You can use them without any sort of license. You might not be able to speak the words D&D, or possibly even D20 Game System, but you can use the mechanics. You don't need a license for them. Even an open one.

Ok, screw this

[Opportunist]

I'll simply develop for another RPG system. It's not like D&D is the only one. Yes, it's the biggest one, but that means by no means that it's also the market where you can make the most money or can actually reach the most people, also because it's the biggest one.

Everyone and their dog develops for D&D. Because, yeah, you guessed it, it's the biggest one. The competition is insane. The money in the pockets of the players is spread out far thinner than in many other products. Also, other products o

Re:

[ATMosby]

I'm looking forward to the expanded content for games other than D&D.

I am amused that WotC has shot the golden cow and thinks that with some simple words they can go back to milking it.

Re:

[Opportunist]

I have a hunch that you might find new games that are surprisingly compatible with D&D and its source material, but named Basements & Basilisks.

So the community made its saving throw?

[david.emery]

That's sure how this reads to me. DM killed off the characters, but let them roll a saving throw.

(And That's A Good Thing...)

"That thought never crossed our minds"

[VicVegas]

So now they have to lie to us? Keep digging that hole Hasbro.

Re:

[algaeman]

This is a euphemism for "We never thought that you would actually read this"

Re:

[TuringTest]

If that's the case, they don't understand at all what's in an open content license, where trust in all stakeholders playing fair is everything.

I'm surprised their expensive lawyers would make the rookie mistake of being unaware that this would backlash this strongly; they should have done their homework better.

The Age of the Fallen Heroes

[jklappenbach]

It seems like, more than ever, the people we once looked up to, that enjoyed such stellar success, have chosen this particular time in history to come crashing back down, often in the fires of self-immolation.

I can't believe that Hasbro could possibly be so oblivious to the nature of the community that they sought to monetize. And for what? They're already making billions, and yet they want to make more by taking from the very people who have made this game what it is?

Just stunning.

Re:

[drinkypoo]

It seems like, more than ever, the people we once looked up to

You looked up to Wizards? Why in fuck? Because of Tragic the Garnering? When the same fucks who made that bought D&D I knew it would go to shit, and yea verily.

Re:

[The Evil Atheist]

No, what's WOKE is people fighting for their rights.

The rightwing has demonized "wokeness", when it's merely people fighting for their rights.

Re:

[taustin]

The rightwing has demonized "wokeness",

No, the left did that by themselves.

when it's merely people fighting for their rights.

The problem isn't fighting for your rights, it's fighting for everyone else's. Which is to say, to control everyone else's.

The loud ones don't want to change the system, they just want to be in charge of it.

Re:

[The Evil Atheist]

The problem isn't fighting for your rights, it's fighting for everyone else's. Which is to say, to control everyone else's.

Nice attempt at Orwellian there. Fighting for everyone's rights is now "control everyone"...

They didn't address all that much

[rsilvergun]

they're still trying to take 25% of everybody's money, but they said some B.S. about diversity and stopping hate speech and how bad NFTs are (nvmd Hasbro is selling Power Rangers NFTs right now).

It's all lies and we know it from a ton of employee leaks. Here's a good video [youtube.com] breaking down the lies. It's just a cash grab from greedy corporate executives who don't know what "killing the golden goose" means.

Support Paizo et al and the ORC

[DrMrLordX]

https://paizo.com/community/bl... [paizo.com]

Love them or hate them, Paizo is in the right. Read their statement to gain a better understanding of how Hasbro has no leg to stand on here. Hasbro/WotC wants to push people onto their new OGL 1.1 by trying to revoke the old license, and it won't work. They've already lost. And Paizo has gathered a bunch of other OGL publishers to move to the new Open RPG Creative (ORC) License.

D&D fans this isn't over

[rsilvergun]

WOTC is pretty much planning to release the same document with slightly different wording. They've said as much in their post. What they're hoping is everyone thinks we won and that we won't fight the next round of attacks.

It's important when they pull this crap again in a few weeks to react with the same anger bitterness and outrage. And the same threats that you will back up of switching to a different game system. It's not as though D&D doesn't have plenty of competitors including some really great ones.

They make a billion dollars a year off D&D, make sure they know if they go forward with this they're going to lose everything and they'll be selling the brand to whoever owns Atari in 2 years

Hasbro does have some history...

[keithdowsett]

Some of you may be old enough to remember a game called Scrabble. Hasbro bought the rights, and spent a lot of effort, and in some cases court time, stamping out anything which looks even vaguely like it.

One example I'm aware of is Networdz which didn't even include a Scrabble board. Users could design their own boards, so they could play Scrabble by putting some effort in to create a new board. Hasbro forced the creator to shut it down by threatening legal action. Companies like Hasbro can afford enough lawyers to bankrupt a small developer even if they don't win the case. I think Scrabulous went the same way but I didn't watch that one in detail.

So, I'm not entirely surprised we're seeing this heavy handed approach from Hasbro. Presumably some bean counter has looked at the turnover of people like Critical Role and decided their hard work should benefit Hasbro, What they failed to recognize was that Critical Role is probably the biggest reason why their sales of D&D products have rocketed.

Let's hope they have the sense to scrap the new OGL before they completely destroy their D&D ecosystem.

Re:

[nagora]

Let's hope they have the sense to scrap the new OGL before they completely destroy their D&D ecosystem.

No. I say let them. I still have my AD&D books and I can run a game without any need for the Hasbro version of D&D which, to be blunt, is bland crap.

The Internet makes Hasbro's version of D&D unimportant.

Re:

[Ickyban]

I'm old enough to remember when D&D was owned by TSR which (semi-seriously) was called "They Sue Regularly" because they pulled some of the same crap.