Thread by @archon

Wizards has released its statement on the future of the Open Game License for D&D and it's a doozy. #OpenDnD? No, not at all.
dndbeyond.com/posts/1410-ogl…

The key changes are as follows:
1) Videos and video games are no longer covered under the OGL. In theory, WOTC is asserting that its copyright can block Actual Plays of its games, just as Nintendo has asserted. That's a big deal. It also puts at risk a lot of indie games.

2) The OGL will no longer actually an open license for commercial purposes. It will now require that you report revenues to WOTC! And you have to pay royalties on revenues above $750,000. The amount of royalties isn't stated.

However, not all hope is lost. Despite its bold assertions in this article, WOTC doesn't have actually hold as much power as it claims. To understand why, let's turn to
"Intellectual Property and Tabletop Games ", a law review article published in 2022.
scholarlycommons.law.wlu.edu/cgi/viewconten…

The authors note in that article that game rules cannot be copyrighted. This is literally US law, dictated by both statute and Supreme Court judgment.

The law professors specifically consider the D&D D20 system and find it uncopyrightable. They also find that Hasbro failed to patent it (it did patent Magic).

They then note that, even if it *were* copyrighted, it has been made open by a copyleft agreement, the Open Game License:

For more information on the Open Game License, the law professors refer us to the 347-page PhD dissertation by Guiseppe Roberto Tarantino, "If You Love Something, Set It Free?"
perma.cc/7XA2-LLRH

Dr. Tarantino points out that intent of the OGL was to create a Free Software Foundation style license, similar to GNU:

Dancey makes it clear that this was intended to be a truly open license that would spur improvements in rules.

In fact, he goes on and on about this.

In the bluntest possible terms, he makes it clear that the OGL is intended to be a "Free as in Speech" GNU-type license:

In light of the history of the Open Game License, it is clear that *at one time* Wizards of the Coast genuinely was committed to an #OpenDnD and that it merely wanted to protect its trademarks. The system was truly intended to be open. Sadly this is not the case anymore.

But do not despair. Dancey's version of the Open Game License protects you. You do *not* need to upgrade to the new 1.1 license in order to continue to create content. You can use the original, truly open license released by WOTC under Dancey's watch.

This is, of course, no help to those third-party creators who make video content, or third-party digital play aids, or who want an open system compatible with the next edition. WOTC has established its iron curtain, there, and you are merely tools for their monetization.