OGL 1.1 Leak - What Is This All About?
As many of you know, WotC has had its new "open" game license leaked. This OGL is (by all the evidence we currently have at our disposal) not at all open. WotC was set to release this new OGL on 1/4/2023, but after a great deal of public backlash, they delayed the release. Their continued silence has done little to resolve the concerns regarding the new OGL...
What Does The New OGL Do?
The new OGL does a few things that are extremely problematic for any creator in the 3rd party content space:
-The new OGL is set to remove the original OGL, forcing all creators to use the new version. The old OGL will become "unauthorized;" meaning that, without agreeing to new terms, products like ours can no longer be made.
-The new OGL gives WotC the right to take ANY content created under the new OGL and use it as its own, without giving any accreditation or compensation to the creator. This is a big issue for us, since we have always strived to create awesome content, and having it essentially stolen is... awful.
-All creators must report all products and earnings to WotC. This puts pressure especially on small creators that do not have finance teams and sell products over a wide range of platforms.
-VTT's are no longer covered by the new OGL.
-Creators making over $750,000 gross per year will owe 25% of all earnings to WotC. While this seems like it doesn't affect the little guys, it does make running Kickstarters (where profit margins are usually 10-15%) almost impossible to make money from. On a personal note, we had planned on launching a Kickstarter to convert the Critical Crafting content you all love so much into several books, but the new OGL presents some issues that may make this dream impossible.
-WotC can change this license at any time, so long as they give 30 days notice; meaning, the license cannot be relied upon for any period of time by those using it to create content.
-Rumors suggest that all creators will have to format anything that comes from the OGL differently than the rest of their content, citing the OGL as one would in a research paper. While unconfirmed, this would create an almost illegible product that would result in a ridiculous amount of additional hours of work. We are a small team, and this would likely result in us having to cut back on our content if not burying us in formatting work completely.
What Does This Mean For The Game?
There is a very real concern that limiting the ability of other creators to use the open game license as it was originally intended (to create content to help grow the industry) will strangle the game, create splintering of the fanbase, and ultimately lead to a worse experience for everyone). This seems like another “4e” situation, in which 3rd party creators are forced to a new system, and Dungeons and Dragons exits its recent golden age and enters a decline.
OK, But It's Wotc's IP Right? They Can Change What They Want.
This is true. Many people have made a living building on WotC's open game license rules, and some have argued that WotC should be able to take a percentage of the profit from these creators, since they are using WatC 's content. However, WotC set a precedent over the past 20 years by making the license open and free, allowing an entire industry and thousands of careers to be built using it; not to mention leading to a huge increase in their own player base because of third-party creators. The new license seems to fly in the face of the spirit of an open game license and to pull the rug out from under the people that relied on the initial OGL to make a living.
What Is Critical Crafting Going to Do?
To be honest, we don’t know yet.
We really can’t make a decision while so much is still undecided and that WotC has not released the official document. Everything seems to indicate that if the 1.1 progresses as the leaked document says it will, we will be forced to report to WotC, which will make creating content very difficult. Also, our future plans and dreams for Kickstarters and physical books will almost surely not happen, dashing our hopes of putting a physical product in your deserving hands. If we want to continue making content, we will have to accept that WotC can steal it at any time.
We sincerely hope WotC is paying attention to the community and that this leak will result in them leaving the 1.0 OGL license alone, so we can continue making content for all of you--our amazing supporters. All of the rumors and speculation that we have heard from sources very close to WotC suggest that the rumored changes to the OGL are true and that WotC's refusal to comment or release additional information after their planned release on 1/4/2023 seems to support that all is not well with the new OGL.
What Can Our Community Do About It?
For now, what can we all do? A big step would be to let WotC know that you don’t want your favorite 3rd party publishers (like Kobold Press, Foundry VTT, Hit Point Press, and smaller creators like Critical Crafting along with thousands of other small content creators) to go out of business or suffer because of their new license. Share information with others online and spread the word. Make your voices heard. Check out #opendnd and other petitions and rallying cries for 3rd party support.
Hopefully, as a community, we can stop this from happening and save the game, community, products, and D&D spirit that we all adore.
Critical Crafting is trying to figure this out just like everyone else. We don't have many answers yet, but we wanted to be open and share what information we did have. Please try and get informed using other research as you can, and make your voices heard by directly contacting WotC. Or joining other petitions and hashtags.
In these uncertain times, we truly value and thank you for your continued support as we all navigate this situation together.
-Dillon and the Critical Crafting Crew
Comments (2)
I always find myself torn over these kinds of things. For one I am all for you all making a living doing awesome stuff. For two, their is no other IP that allows this level of 3rd party content. You can’t write a superman comic and publish it, you can’t make a moana spinoff movie, you can’t write a Jack Reacher novel and publish it. If you find a way to monetize someone else’s IP i would 100% expect a legal call. Business do dumb things financially because they are in contracts with other business that do dumb things financially. Money is wasted hand over foot because of this. But that money is going somewhere. Usually into another revenue branch in those two dumb companies. 3rd party content is not going into WOTC financials so they are devalued as a company despite the overall revenue. I get their issue with that. If you owned a business and someone was using your stuff to make millions of dollars, you would react in kind. As a human being who secretly hates capitalism as a soulless evil, I hate it for you all. I hope it all works out in a positive way for all parties.
Hey James :) Thanks for joining the conversation. In many ways, I agree with you, the license has been VERY open for a very long time which has allowed the industry to grow significantly. Should WotC be able to profit from the use of its OGL? I think you can for sure argue yes, but this isn't just WotC getting a piece of the pie from other creators, this is also Wotc saying it can take the feathered dragon we made this month and call it their own, put our Ol' Chap Ettercap's Dinosafari adventure in their next book, and give us no accreditation or compensation, in effect, making a license that ensures our products aren't really our own, that VTT's are no longer going to be available, and that they care more about their bottom line than the community their open license helped create, not to mention cause some serious issues for products currently in the works using their existing license. I see your point on WotC making a profit off of companies using their content to make a decent living, but this seems to go beyond that. Hopefully, everything will work out in the end for the better, and I think it's important we all keep an open discourse and stay informed about what is going on. Especially since so much is rumor and conjecture right now. We considered not saying anything until more information had been released, but we wanted to be sure people were informed about what is going on, and try and navigate the situation together. Thanks again for sharing your thoughts.
