The new OGL 1.1 from WOTC will make the current OGL unauthorised. Revoked! Illegal! Completely banned retroactively! AND it will prevent the creation of OGL video games. That's right: the new OGL does not cover video games at all.
So, people have been asking me, how will the new OGL affect Knights of the Chalice? First of all, the new OGL has yet to be published by WOTC. I know that there is a leak, and this leak seems to be the actual OGL 1.1. Nevertheless, as long as we haven’t got the official word from WOTC, all of the talk about the new OGL remains speculation.
Now, let’s assume that the leak is the actual OGL 1.1. And let’s assume that WOTC actually enforces a ban on all material that was created in good faith while the OGL 1.0 was still authorised. Then, in this case, I suppose I could turn the KotC games into non-OGL games.
This means rephrasing all of the in-game help entries that contain SRD text, and removing all mentions of the OGL in the games and webpages.
WOTC previously explicitly authorised the creation of video games using the OGL. This was made very clear in two FAQs – the OGL FAQ and the Software FAQ. By November 2021, both FAQ webpages were still online on the website wizards.com. That’s the website of WOTC.
I quote from the OGL FAQ the last question, at the bottom of the FAQ: Question: I want to distribute computer software using the OGL. Is that possible? Answer: Yes, it's certainly possible. [...] you have to clearly identify what part of the software is Open Game Content. One way is to design your application so that all the Open Game Content resides in files that are human-readable.
Now I will quote from the Software FAQ right from the top of the FAQ: Question: Can the licenses be used with software? Answer: Yes, both licenses can be used with software. (By both licences, the FAQ refers to the licence of the OGL and the licence of D20)
Question: So what kinds of programs can I make with the OGL? Answer: Anything. Question: So I could make a game? Answer: Sure. Remember though, [...] you can't say your game is a d20 System game or uses D&D rules or call it Elminster's Undermountain Crawl.
Both of the FAQs were removed from the website of WOTC in 2022 only. If you search the Wayback Machine website, you will see that the Software FAQ was still online as late as 22 November 2021. Here are the links to the two FAQs:
Software FAQ:
https://web.archive.org/web/200403070...
OGL FAQ:
https://web.archive.org/web/200403070...
Video game creation can take a very long time and it can require substantial investments. Therefore, video game creation can't be based on a vaporous, fluctuating licence agreement, something which is not suggested by the wording of the OGL 1.0a. I quote from the text of the OGL: 4. In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license to Use the Open Game Content.
If you look up the English definition of the word “perpetual” you will find this: Never Ending. Revoking the OGL 1.0a even for material created while this licence was authorised is akin to pulling the rug out from under the feet of the many people who've been creating fantasy material in good faith and in compliance with all of the terms of the OGL 1.0a.
Under the terms of the leaked OGL, approving the new licence essentially means that WOTC gets to capture all of the intellectual property of creators.
The use of the OGL in video games and elsewhere can hardly be considered to be a prejudice to the D&D brand. That's because OGL users were never allowed to use the D&D logo, or the D20 logo, or the words Dungeons & Dragons (except very indirectly). We could never claim to be part of the D&D brand, the D&D umbrella. All we are allowed, currently, is the use of the SRD text, which is the very barebones ruleset material without any image.
It would be one thing to agree to royalty payments IF we were allowed to use the terms "D&D OGL" to begin with. But that's not the case. By not being able to call our products "Official D&D" we are prevented from benefiting from the popularity of the D&D brand name. That's why an OGL game can hardly be viewed as a serious competitor to any Official D&D game.
Please support all the OGL creators out there and show to WOTC that it’s important for you that the Open Game Content remains Open and Free for all people to use in their creations. There is a petition collecting signatures at the website :
https://www.opendnd.games/. Feel free to sign that.
Please like this video, become a subscriber, and why not buy KotC 2 if you haven’t already done so? I am now creating new adventure modules for KotC 2 and this is going to be a really awesome adventure. Please rest assured: No-One Can Stop That! #OpenDnD #KOTC #RPG #KnightsOfTheChalice