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Full text of OGL 1.1 posted online

Started by S'mon, January 09, 2023, 01:14:58 PM

Previous topic - Next topic

Dracones


THE_Leopold

or just post the file here for safe keeping
NKL4Lyfe

hedgehobbit

Strange. The fact that this legal document is interspersed with random comment sections is proof that it is just a draft.

tenbones

Quote from: hedgehobbit on January 09, 2023, 05:39:07 PM
Strange. The fact that this legal document is interspersed with random comment sections is proof that it is just a draft.

Maybe their lawyers are as good as their game designers.

Vile Traveller

Quote from: hedgehobbit on January 09, 2023, 05:39:07 PM
Strange. The fact that this legal document is interspersed with random comment sections is proof that it is just a draft.
It's common practice to include explanatory notes in legal documents.

Chris24601

Quote from: tenbones on January 09, 2023, 05:54:06 PM
Quote from: hedgehobbit on January 09, 2023, 05:39:07 PM
Strange. The fact that this legal document is interspersed with random comment sections is proof that it is just a draft.

Maybe their lawyers are as good as their game designers.
It's been suggested this is basically a "flattened" text version of a digital document that had commentary attached throughout. That would explain the difference in tone between the legalese and the commentary.

Also... day five since the leak ends still without a peep from Hasbro/WotC. No reply Thursday when it broke makes sense. Friday the story was still growing and they'd reasonably be trying to figure out to spin it. Saturday-Sunday it's the weekend, but today was an ordinary business day after a full four days to get ducks into rows and Hasbro/WotC is still dead silent in the face of a PR nightmare.

They are either so absolutely confident that all resistance will be crushed and the survivors forced to buy their products that they don't feel the need to worry about bad PR... or the people responsible for the OGL1.1 scheme were so blindsided and overwhelmed by the backlash they don't know what the fuck to do to and are staying dead silent until they do.


S'mon

Quote from: Chris24601 on January 09, 2023, 06:40:52 PM
They are either so absolutely confident that all resistance will be crushed and the survivors forced to buy their products that they don't feel the need to worry about bad PR... or the people responsible for the OGL1.1 scheme were so blindsided and overwhelmed by the backlash they don't know what the fuck to do to and are staying dead silent until they do.

I'm looking forward to the Downfall video memes on this one. Williams as Der Fuhrer, I think.

DefNotAnInsiderNopeNoWay

#8
Quote from: Vile Traveller on January 09, 2023, 06:29:23 PM
Quote from: hedgehobbit on January 09, 2023, 05:39:07 PM
Strange. The fact that this legal document is interspersed with random comment sections is proof that it is just a draft.
It's common practice to include explanatory notes in legal documents.

Correct, this is perfectly normal, especially when the products it relates to are intended for consumer digestion and the material it relates to encourages people to make and share their own content for free or otherwise, which makes perfect sense given that the whole trajectory of this thing is to try to get 3PP to sign it, keep making content, and then turn their hard work around to sell and use as their own all while paying ZERO royalties to the authors/publishers.

This is a carbon copy of what was included in the contracts that people were sent near the end of December along with contracts and almost certainly represents a near-final version that they had expected to put in all their 6e DnDone publications. There is still the very real possibility that the backlash this all has caused will force them to revise some of the most egregious of the requirements in it along with the fact that their stock is beginning to show signs of a reaction and downward slide but if I'm being frank, I don't think the ghouls who are in charge over at HASBRO see any of this as much more than a temporary hiccup that the "people who matter" (shareholders/investors) will forget about in a few weeks since the whole point of this draft is so that they can better extract value from the D&D brand.

FingerRod

Even if WotC backtracks, I would hope creators keep a long memory on this one.


weirdguy564

I think the lesson is clear.  Don't trust others.  Make your own games. 
I'm glad for you if you like the top selling game of the genre.  Me, I like the road less travelled, and will be the player asking we try a game you've never heard of.

3catcircus

Quote from: FingerRod on January 09, 2023, 07:51:01 PM
Even if WotC backtracks, I would hope creators keep a long memory on this one.

*Especially* if they backtrack, 3pp should respond with "take your contract and shove it up your ass."

mudbanks

Quote from: tenbones on January 09, 2023, 05:54:06 PM
Quote from: hedgehobbit on January 09, 2023, 05:39:07 PM
Strange. The fact that this legal document is interspersed with random comment sections is proof that it is just a draft.

Maybe their lawyers are as good as their game designers.

Oof, that burn!

Mithgarthr

Quote from: tenbones on January 09, 2023, 05:54:06 PM
Quote from: hedgehobbit on January 09, 2023, 05:39:07 PM
Strange. The fact that this legal document is interspersed with random comment sections is proof that it is just a draft.

Maybe their lawyers are as good as their game designers.

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Anunnaki

#14
So I am wondering if this is really is the final 1.1 OGL. There's at least two major errors/omissions on first read-through.

In the Non-Commercial VIII Termination section, we see this:

i. We may terminate the agreement immediately if:

a. You infringe upon or misuse any of Our intellectual property, violate any law in relation to Your activities under this agreement, or if We determine in Our sole discretion that You have violated Section VIII.G or VIII.H. To be clear, We have the sole right to decide what conduct violates Section VIII.G or Section VIII.H
and You covenant and agree that You will not contest any such determination via any suit or other legal action. To the extent necessary and allowed by law, You waive any duty of good faith and fair dealing We would otherwise have in making any such determination.

In the Non-Commercial section, there is no VIII.G or VIII.H. There is a VII.G and VII.H, however, which is probably what they meant to reference. However, this is what it says.

Then, looking at the Commercial section (different OGL, basically), we see something similar in Section X:

i. We may terminate the agreement immediately if:
a. You infringe upon or misuse any of Our intellectual property, violate any law in relation to Your activities under this agreement, or if We determine in Our sole discretion that You have violated Section VIII.G or VIII.H. To be clear, We have the sole right to decide what conduct violates Section VIII.G or Section VIII.H and You covenant and agree that You will not contest any such determination via any suit or other legal action. To the extent necessary and allowed by law, You waive any duty of good faith and fair dealing We would otherwise have in making any such determination.

There is no VIII.G or VIII.H again. Also, there is no comparable VII.G or VII.H as per the Non-Commercial section. Section VII in the Commercial section is about Royalties. Looks like it should reference IX.G and IX.H in the Commercial section.

IANAL, of course. But looking through this leaked document, ignoring the non-legal "comments" sections, the OGL itself does not actually have a working Termination section as written.

Hopefully no-one actually accepted this and signed some legalese to that effect. Going to have a deeper read-through, but these stuck out.

Guess we will find out more later this week?