NOTICE OF DEAUTHORIZATION OF OGL 1.0a. Starting off, I understand Deauthorizing 1.0a is a deal breaker for WoTC, which is a shame but they feel like they need to. I am not against this as long as 1.Whatever is not a complete pile of trash.
Is this license Perpetual and irrevocable? No...
Lets get into the meat of it, which starts with Section 7(a) Modification. They make a good attempt to say that its perpetual and include irrevocable (which I assume is just to make us happy, because there are issues with these license that makes both of these pointless). So why is saying the license is perpetual and irrevocable pointless? Well because in Section 2, they include this line:
It also cannot be modified except for the attribution provisions of Section 5 and Section 9(a) regarding notices.
So you may be thinking, how is them being able to change Section 5 or Section 9(a) a problem with this license being perpetual and irrevocable, well they are not... The trick comes from Section 9(d) which states:
If any part of this license is held to be unenforceable or invalid for any reason, Wizards may declare the entire license void, either as between it and the party that obtained the ruling or in its entirety.
So the problem has nothing to do with Section 5 or Section 9(a), but since they have the ability to change them to anything they want because they put no restrictions on what they can change, they could basically change either of those sections into something they can't legally enforce, meaning they can then use Section 9(d) to void the entire license...
Section 7(a) Modification, Why is it a problem?
Section 2 seems like a pretty standard portion of a license agreement, but its main issue is that it allows WoTC to change Section 5 and Section 9(a) to whatever they want, whenever they want. It doesn't even include a notice requirement for them to have to change the license, they can just do it on a Friday at 5pm. And I am not a lawyer, but from my understanding there is no limitation on what they can change about those sections, it just states that they can change them. So whats stopping them from adding a section 9(a)(1)? In my eyes, NOTHING and thats the problem. They need to be specific on what they can change about those sections and not that they can just change them to anything.
What is Section 5?
So section 5 goes over you're control over your content. It basically goes over how you can license your content but makes it very clear you can't change the terms in which their content is licensed. To me this Section 5 seems mildly okay. Really my only issue is that its not clear to me why they want the ability to change this section at will to anything they want using Section 2 of this license. I am not entirely sure why they want the ability to change this entire section at well.
What is Section 9(a)?
This section basically just goes over what steps they have to take to contact you and provides an email address you can use for you to contact them. This is where I think their lawyers were trying to be sneaking. Because when reading this, you go, "Oh they need to be able to change section 9(a) so they can update the email address used to contact them... but if that's all they wanted to change, say that instead, because right now, they can change it to anything. They can say that on every Thursday if you use this license you have to email us your bank account details. Nothing is stopping them for putting any terms here. If they want the ability to update the email address, update section to just limit updating section 9 to that.
You're Rights...
Lastly some things that concern me are you're legal rights you waive by using this license. Section 9(e) has you waive you right to participate in any class, collective, or other joint action with respect to such a dispute. So if they ever change their terms to something that is clearly meant to be harmful to those using it, you aren't able to join together to take on WoTC/Hasbro, instead you as an individual have to fight a multi-million dollar company.
Section 9(g) Waiver of Jury Trial
No... Never sign a contract that has you waive you're right to a jury by your peers... This is how the US works, this is just a bad clause, not only for this license but in general. Never sign a contract or use one that includes this condition.
VTT Policy.
Just no, its trash and WoTC is Trash for even thinking that this is something we would agree with.
I am not saying these are the only issues with this new OGL, someone smarter than me or more lawyer like will probably find more, but these are the ones I spotted on just my first read through of this License.
WoTC, we call ourselves Rules Lawyers for fun, this is our hobby, we may not be smart enough to actually fight you in court, but you need better lawyers if my basic self can see these sneaky traps in this contract.
What's funny, is if what they just proposed had been what they originally tried to do with the OGL, we probably would have accepted it (except for the VTT policy and the waiver of a jury trial). But they brought this level of scrutiny and extreme lack of distrust on themselves. 23 years of goodwill burnt down in a day. I can't say I feel sorry for them.
What's funny, is if what they just proposed had been what they originally tried to do with the OGL, we probably would have accepted it (except for the VTT policy and the waiver of a jury trial). But they brought this level of scrutiny and extreme lack of distrust on themselves. 23 years of goodwill burnt down in a day. I can't say I feel sorry for them.
The community might have swallowed it not knowing the impact. But they'd still be losing every big publisher who actually sent this to their lawyer.
Sad to see corporate greed still actively destroying the most iconic TTRPG.
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NOTICE OF DEAUTHORIZATION OF OGL 1.0a. Starting off, I understand Deauthorizing 1.0a is a deal breaker for WoTC, which is a shame but they feel like they need to. I am not against this as long as 1.Whatever is not a complete pile of trash.
Is this license Perpetual and irrevocable? No...
Lets get into the meat of it, which starts with Section 7(a) Modification. They make a good attempt to say that its perpetual and include irrevocable (which I assume is just to make us happy, because there are issues with these license that makes both of these pointless). So why is saying the license is perpetual and irrevocable pointless? Well because in Section 2, they include this line:
So you may be thinking, how is them being able to change Section 5 or Section 9(a) a problem with this license being perpetual and irrevocable, well they are not... The trick comes from Section 9(d) which states:
So the problem has nothing to do with Section 5 or Section 9(a), but since they have the ability to change them to anything they want because they put no restrictions on what they can change, they could basically change either of those sections into something they can't legally enforce, meaning they can then use Section 9(d) to void the entire license...
Section 7(a) Modification, Why is it a problem?
Section 2 seems like a pretty standard portion of a license agreement, but its main issue is that it allows WoTC to change Section 5 and Section 9(a) to whatever they want, whenever they want. It doesn't even include a notice requirement for them to have to change the license, they can just do it on a Friday at 5pm. And I am not a lawyer, but from my understanding there is no limitation on what they can change about those sections, it just states that they can change them. So whats stopping them from adding a section 9(a)(1)? In my eyes, NOTHING and thats the problem. They need to be specific on what they can change about those sections and not that they can just change them to anything.
What is Section 5?
So section 5 goes over you're control over your content. It basically goes over how you can license your content but makes it very clear you can't change the terms in which their content is licensed. To me this Section 5 seems mildly okay. Really my only issue is that its not clear to me why they want the ability to change this section at will to anything they want using Section 2 of this license. I am not entirely sure why they want the ability to change this entire section at well.
What is Section 9(a)?
This section basically just goes over what steps they have to take to contact you and provides an email address you can use for you to contact them. This is where I think their lawyers were trying to be sneaking. Because when reading this, you go, "Oh they need to be able to change section 9(a) so they can update the email address used to contact them... but if that's all they wanted to change, say that instead, because right now, they can change it to anything. They can say that on every Thursday if you use this license you have to email us your bank account details. Nothing is stopping them for putting any terms here. If they want the ability to update the email address, update section to just limit updating section 9 to that.
You're Rights...
Lastly some things that concern me are you're legal rights you waive by using this license. Section 9(e) has you waive you right to participate in any class, collective, or other joint action with respect to such a dispute. So if they ever change their terms to something that is clearly meant to be harmful to those using it, you aren't able to join together to take on WoTC/Hasbro, instead you as an individual have to fight a multi-million dollar company.
Section 9(g) Waiver of Jury Trial
No... Never sign a contract that has you waive you're right to a jury by your peers... This is how the US works, this is just a bad clause, not only for this license but in general. Never sign a contract or use one that includes this condition.
VTT Policy.
Just no, its trash and WoTC is Trash for even thinking that this is something we would agree with.
I am not saying these are the only issues with this new OGL, someone smarter than me or more lawyer like will probably find more, but these are the ones I spotted on just my first read through of this License.
WoTC, we call ourselves Rules Lawyers for fun, this is our hobby, we may not be smart enough to actually fight you in court, but you need better lawyers if my basic self can see these sneaky traps in this contract.
What's funny, is if what they just proposed had been what they originally tried to do with the OGL, we probably would have accepted it (except for the VTT policy and the waiver of a jury trial). But they brought this level of scrutiny and extreme lack of distrust on themselves. 23 years of goodwill burnt down in a day. I can't say I feel sorry for them.
Finally someone posts something about this claiming to NOT be a lawyer or worse pretending they got it from a lawyer.
The community might have swallowed it not knowing the impact. But they'd still be losing every big publisher who actually sent this to their lawyer.
Sad to see corporate greed still actively destroying the most iconic TTRPG.