Sunday, January 22, 2023

OMG! OGL 1.2 Draft is INSIDEOUS!

If you thought version 1.1 was bad you'd be right. I believe it was that way on purpose. Nobody with a lick of sense would sign it and I think that is what Wizards of the Coast wanted. That would drive everyone out of their market space and anyone foolish enough to sign would quickly find it untenable and stop publishing under the 1.1 license.

Here's where things get worse. Draft version 1.2 drops the outrageous royalties and the horrendous license-back (we can steal your stuff) clause (more on this later), but it continues to try to deauthorize version 1.0(a), and far worse.

NOTE: I am not a lawyer, but I have been listening to lawyers doing breakdowns of the draft.

If you publish anything they give permission to use (other than the game mechanics) it effectively is your involuntary signature and acceptance of 1.2 and relinquishing of the right to use 1.0(a).

Despite adding the word irrevocable to it, they also include a number of ways that they can revoke 1.2 with little or no notice. 

If you violate their morality clause, which they have the sole authority to determine. they can revoke your use of the license.

If you copy any of their intellectual property they can yank your license.

And here's the big one I expect they set up to have happen - If it is determined that any provision within 1.2 is unenforceable (and several are vague enough to likely qualify) they can revoke the entire license for everybody.

Further treachery includes a way to steal a creator's work without calling it a license back provision. They left in the option for a creator to sue for monetary damages if you can prove they deliberately stole your stuff, but you give up the right to injunctive relief meaning you can't stop them from continuing to sell it and profit from the work as if they own it.

Then there's the Virtual Table Top section which is so vague it seems arranged to prevent anyone from competing with their own pending VTT in even the slightest way.

There's more to examine, but if this isn't enough to drive away 3rd party publishers from their market space I don't know what will until they yank the entire rug out from under everyone.




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