In light of recent discussions in gaming regarding a leaked draft of Wizards of the Coast’s Open Game License, the industry has been shaken to its foundations.
For those of you who don’t know, the OGL confers guidelines to make content that’s compatible with the rules, or engine, powering Dungeons & Dragons. Wizards of the Coast debuted the OGL in the year 2000 and updated it in 2008 and 2016 per Wikipedia. The OGL, which is not to be confused with the community content license granted to DMsGuild.com, predates new technological advancements in gaming that includes Virtual Tabletop (VTT), live streaming, and a substantive uptick in crowdfunding and patronage platforms. The last official update (OGLs, SRDs, & One D&D) occurred on December 21, 2022 and does state, officially, that D&D will continue supporting third-party creators and the upcoming OGL will be released early 2023.
That goodwill and reassurance has evaporated due to a leaked, unconfirmed draft released less than a week ago. As of yesterday afternoon, there were 44.8 million search results in Google about the leaked draft and not an single official announcement or response. The leaked draft, whether that’s being taken as “official” due to the timing of the previous announcement or not, was the equivalent of dropping a nuclear bomb on an industry that’s been hammered by printing, shipping, and other production-related issues during the pandemic.
As I mentioned when I shared that OGL-Affected Titles are 50-75% Off, including the Scarred Lands titles I’ve developed and written, I am not (and do not) want to advise anyone what to do or how to feel. I have privately suggested that, in light of the confusion and massive amounts of information/opinions circulating, I do think it’s important to exercise caution, look to industry leaders, and figure out your future and how you're affected. Again: at no point will I tell you to calm down or not be upset; the leaked draft is upsetting and, if the draft is confirmed, puts many publishers and creators in dire straits.
What is also happening right now, however, is that Wizards of the Coast game designers and writers, who are both contractors and full-time employees, are being targeted. These are people who’ve worked on Dungeons & Dragons as a creator and don’t have the power to make, affect, or comment on decisions. Can you imagine what it’s like to be harrassed for something you did not do and have no involvement with?
So why am I writing this post? To help remind you, that if you are affected, you have power. Take it back. You have options, regardless of what happens officially, and hopefully you’ll remember that you do.
The approach I take during a crisis, once my head is clear, is something I’ve learned from consulting and working on the trade side of the gaming industry. I ask questions for two reasons: first, there is no “one way” to run a business and secondly, I’d rather empower you to figure out what’s best for you.
I’d like to share some sample questions to help. The answers I’m giving are from my current perspective as a freelance game writer and are italicized. Your answers may be very different and that is okay—especially if you’re a publisher who just happened to stumble on this post. I just wanted to show you an example to encourage you to decide for yourself what will work best.
What do I know for certain?
The OGL is a license that Wizards of the Coast grants so third-party creators can publish compatible content. And, as a license, no matter what I "think" the OGL should be, I can expect it will change as it has in the past.
I also know that D&D Beyond is issuing updates (December 21, 2022) and has told everyone a clarification is forthcoming (via @DnDBeyond).
How am I affected?
I am a freelance game developer and narrative designer who contributed to Scarred Lands (four official titles and one Slarecian Vault title). I don't have any control over what happens to the titles I created, which means anything could happen to them. That said, I don’t have anything drafted right now that’s affected; it may have impacted an upcoming contract, but I’m not sure if that’s the case or not.
Who is taking action? Are they an industry leader?
Well, for one after being in this industry for a very, very long time I've come to understand that inudstry leaders with resources and connections have the best chance of affecting change. The second thing I’ve learned is a lesson Phil Reed taught me when I was working for Steve Jackson Games; until proven, most gossip in the industry is just a rumor.
As an example of a leader, Matt Forbeck has posted on Facebook and I am resharing the following update. Text of the image follows for accessibilty.
Matt Forbeck: “One thing that could help all my gaming industry pals who are rightfully worried about the revisions to the OGL would be a new Open RPG License that's system- and publisher-independent. My friend Brian E. Lewis at Azora Law—an IP law firm that helps the Diana Jones Award Foundation and represents several game publishers—came up with the legal framework for the original OGL over 20 years ago, and he's got the chops to make a new version even better.
I trust him and the rest of his team to shepherd a broad effort to create a new and irrevocable open source license for tabletop games that clarifies what designers and publishers can use from a participating publisher’s game without having to pay lawyers to figure it all out. Brian tells me they're also planning to find an appropriate independent, non-profit home for the new Open RPG License, and it sounds like a solid plan to me.”
What is my worst-case scenario?
The publisher pulls all of Scarred Lands titles and officially kills the line. My portfolio of currently-available games is reduced by five titles. This means I can't link to them which affects my ability to earn affiliate sales or community content-related sales. It also means I don't have a way to highlight my 5th Edition work on a compatible game. My Eye of Spiragos title, which ties to an existing Scarred lands campaign, is not something I could repurpose or republish, either.
(Adding: I have written for the Adventurer's League and my Dungeons & Dragons titles are available on DMsGuild.com via that applicable license. These titles are not affected.)
What do I want to do about my worst-case scenario? What can I do? Won’t do?
Want: Continue to diversify and update my portfolio, increase available online retailers for my creator-owned stuff, and increase my creator-owned works.
Can: Increase attention to the current sale, check out itch.io, revisit my 2023 goals.
Won’t: Reduce my rates.
Can I partner with others who are affected?
It's too soon to tell what the affects will be on creators (both contractors and employees). Because I am often contracted to do the work as an individual creator, I can speculate (with some amount of experience-based certainty) that the leaked draft and official changes will affect what's available for freelance work in gaming. In other words, I should expect more competition for freelancing gigs while understanding that’s always been the case.
If a good friend has been devastated by what's happening, what would I say to help them look to the future? And not lose hope?
First, I would ask them what they need and remind them they're not alone. Then, I would encourage them to take a day off (from gaming as a whole) and find some relief. Lastly, I would suggest (as others have told me in my darkest moments) that no one can dictate their future no matter how bad the present is.
There's so much speculation right now it's impossible to predict with any certainty what will happen. That unknown is unsettling, absolutely, and rumors alone could bankrupt publishers even before an official version is released.
That said, in a time of uncertainty there is also opportunity. This could be a fantastic reason to network with new people, try something new, or collaborate/partner with others who are affected to mitigate costs, form collectives, etc. It also might be time to say good-bye to gaming entirely. That choice, however, is still yours to make.
Ultimately, the fact that so many people are upset is a sign of care and deep concern. Yes, this absolutely sucks. It also shows the industry as a whole is vested in gaming and, as such, I am confident it does have a future no matter what happens to the OGL.
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Gaming! The OGL Leak and What Questions I'm Asking
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In light of recent discussions in gaming regarding a leaked draft of Wizards of the Coast’s Open Game License, the industry has been shaken to its foundations.
For those of you who don’t know, the OGL confers guidelines to make content that’s compatible with the rules, or engine, powering Dungeons & Dragons. Wizards of the Coast debuted the OGL in the year 2000 and updated it in 2008 and 2016 per Wikipedia. The OGL, which is not to be confused with the community content license granted to DMsGuild.com, predates new technological advancements in gaming that includes Virtual Tabletop (VTT), live streaming, and a substantive uptick in crowdfunding and patronage platforms. The last official update (OGLs, SRDs, & One D&D) occurred on December 21, 2022 and does state, officially, that D&D will continue supporting third-party creators and the upcoming OGL will be released early 2023.
That goodwill and reassurance has evaporated due to a leaked, unconfirmed draft released less than a week ago. As of yesterday afternoon, there were 44.8 million search results in Google about the leaked draft and not an single official announcement or response. The leaked draft, whether that’s being taken as “official” due to the timing of the previous announcement or not, was the equivalent of dropping a nuclear bomb on an industry that’s been hammered by printing, shipping, and other production-related issues during the pandemic.
As I mentioned when I shared that OGL-Affected Titles are 50-75% Off, including the Scarred Lands titles I’ve developed and written, I am not (and do not) want to advise anyone what to do or how to feel. I have privately suggested that, in light of the confusion and massive amounts of information/opinions circulating, I do think it’s important to exercise caution, look to industry leaders, and figure out your future and how you're affected. Again: at no point will I tell you to calm down or not be upset; the leaked draft is upsetting and, if the draft is confirmed, puts many publishers and creators in dire straits.
What is also happening right now, however, is that Wizards of the Coast game designers and writers, who are both contractors and full-time employees, are being targeted. These are people who’ve worked on Dungeons & Dragons as a creator and don’t have the power to make, affect, or comment on decisions. Can you imagine what it’s like to be harrassed for something you did not do and have no involvement with?
So why am I writing this post? To help remind you, that if you are affected, you have power. Take it back. You have options, regardless of what happens officially, and hopefully you’ll remember that you do.
The approach I take during a crisis, once my head is clear, is something I’ve learned from consulting and working on the trade side of the gaming industry. I ask questions for two reasons: first, there is no “one way” to run a business and secondly, I’d rather empower you to figure out what’s best for you.
I’d like to share some sample questions to help. The answers I’m giving are from my current perspective as a freelance game writer and are italicized. Your answers may be very different and that is okay—especially if you’re a publisher who just happened to stumble on this post. I just wanted to show you an example to encourage you to decide for yourself what will work best.
What do I know for certain?
The OGL is a license that Wizards of the Coast grants so third-party creators can publish compatible content. And, as a license, no matter what I "think" the OGL should be, I can expect it will change as it has in the past.
I also know that D&D Beyond is issuing updates (December 21, 2022) and has told everyone a clarification is forthcoming (via @DnDBeyond).
How am I affected?
I am a freelance game developer and narrative designer who contributed to Scarred Lands (four official titles and one Slarecian Vault title). I don't have any control over what happens to the titles I created, which means anything could happen to them. That said, I don’t have anything drafted right now that’s affected; it may have impacted an upcoming contract, but I’m not sure if that’s the case or not.
Who is taking action? Are they an industry leader?
Well, for one after being in this industry for a very, very long time I've come to understand that inudstry leaders with resources and connections have the best chance of affecting change. The second thing I’ve learned is a lesson Phil Reed taught me when I was working for Steve Jackson Games; until proven, most gossip in the industry is just a rumor.
As an example of a leader, Matt Forbeck has posted on Facebook and I am resharing the following update. Text of the image follows for accessibilty.
Matt Forbeck: “One thing that could help all my gaming industry pals who are rightfully worried about the revisions to the OGL would be a new Open RPG License that's system- and publisher-independent. My friend Brian E. Lewis at Azora Law—an IP law firm that helps the Diana Jones Award Foundation and represents several game publishers—came up with the legal framework for the original OGL over 20 years ago, and he's got the chops to make a new version even better.
I trust him and the rest of his team to shepherd a broad effort to create a new and irrevocable open source license for tabletop games that clarifies what designers and publishers can use from a participating publisher’s game without having to pay lawyers to figure it all out. Brian tells me they're also planning to find an appropriate independent, non-profit home for the new Open RPG License, and it sounds like a solid plan to me.”
What is my worst-case scenario?
The publisher pulls all of Scarred Lands titles and officially kills the line. My portfolio of currently-available games is reduced by five titles. This means I can't link to them which affects my ability to earn affiliate sales or community content-related sales. It also means I don't have a way to highlight my 5th Edition work on a compatible game. My Eye of Spiragos title, which ties to an existing Scarred lands campaign, is not something I could repurpose or republish, either.
(Adding: I have written for the Adventurer's League and my Dungeons & Dragons titles are available on DMsGuild.com via that applicable license. These titles are not affected.)
What do I want to do about my worst-case scenario? What can I do? Won’t do?
Want: Continue to diversify and update my portfolio, increase available online retailers for my creator-owned stuff, and increase my creator-owned works.
Can: Increase attention to the current sale, check out itch.io, revisit my 2023 goals.
Won’t: Reduce my rates.
Can I partner with others who are affected?
It's too soon to tell what the affects will be on creators (both contractors and employees). Because I am often contracted to do the work as an individual creator, I can speculate (with some amount of experience-based certainty) that the leaked draft and official changes will affect what's available for freelance work in gaming. In other words, I should expect more competition for freelancing gigs while understanding that’s always been the case.
If a good friend has been devastated by what's happening, what would I say to help them look to the future? And not lose hope?
First, I would ask them what they need and remind them they're not alone. Then, I would encourage them to take a day off (from gaming as a whole) and find some relief. Lastly, I would suggest (as others have told me in my darkest moments) that no one can dictate their future no matter how bad the present is.
There's so much speculation right now it's impossible to predict with any certainty what will happen. That unknown is unsettling, absolutely, and rumors alone could bankrupt publishers even before an official version is released.
That said, in a time of uncertainty there is also opportunity. This could be a fantastic reason to network with new people, try something new, or collaborate/partner with others who are affected to mitigate costs, form collectives, etc. It also might be time to say good-bye to gaming entirely. That choice, however, is still yours to make.
Ultimately, the fact that so many people are upset is a sign of care and deep concern. Yes, this absolutely sucks. It also shows the industry as a whole is vested in gaming and, as such, I am confident it does have a future no matter what happens to the OGL.
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