OGL 1.1 - The Devil's Advocate
It's been a hectic week, and like everyone else, I have been watching and waiting with bated breath for any updates on the OGL. I've read the tweets and the countless articles about the horrors that will befall D&D. I've lamented with other 3rd party creators, watched the YouTube videos, and had conversations with Stephen about what lies ahead for Dump Stat. I've tweeted why the new OGL is a horrible idea, signed the #OpenD&D letter, and have been trying to plow forward with our existing projects. It hasn't been easy, and I'm sure the same holds true for the multitudes of other creators whose passion and, in some cases, livelihood will be drastically affected by any upcoming changes.
Sure, many of the biggest names are creating their own systems and open gaming licenses. I'm all for it and will be checking out many, if not all, of them (DMDave just released his, and you can find it here). Most creators are like us, too small to do something on that level and have it be successful. Pivoting to a new system would be extremely difficult, and we'd essentially be starting over. As much as I love Pathfinder (we are currently running a PF2 campaign), the community is much smaller. Even with people flocking to the game, it's doubtful we could support ourselves if we made the change.
But something has been gnawing away in the back of my brain. Am I being sincere in my outrage toward WotC and Hasbro? I've spoken out against them, talking about how they are destroying a game held together by the community supporting it. I agree with those who have talked about corporate greed killing the game. Every time I do so, that little voice in my head gets a bit louder. I've tried to ignore it, but what it says rings true.
What is it saying? I must be truthful and admit that my anger isn't entirely altruistic. I've been a part of the D&D community off and on for the better part of thirty years. I've seen numerous edition wars. The game almost faded into nothingness twice, and it was reborn both times. The D&D community should not have to suffer these types of traumas again. The new OGL will damage the game, possibly beyond repair. It's a despicable document and will drive people away in droves while smothering the creativity people have associated with D&D over the last twenty years.
That said, I am also trying to protect our business. We have started to generate a bit of revenue at Dump Stat, and while we will never get rich, it does allow us to commission art for our projects and buy the occasional cup of coffee. We've worked hard over the past 3+ years and are finally starting to see the fruits of our labor. We had high hopes for growing our brand, doing more extensive projects, and making more money than the year before. We wouldn't have been doing this for so long if we didn't enjoy it, but making money is nice, and it justifies the amount of time we spend working, not only to ourselves but for both our wives.
This got me thinking. Isn't this how the business side of Wizards and Hasbro looks at the situation? However flawed their logic is in how they are going about it, I'm confident they are just trying to increase their profits and not leave any money on the table. Just because they are "the big, bad, evil corporation" doesn't mean they shouldn't protect and maximize their products. So, why not play devil's advocate and take a speculative look at the logic and motives behind their actions.
Again, please note I, in no uncertain terms, do not support what Wizards and Hasbro are attempting to do. I am only trying to present the other side of the proverbial coin.
The Devil’s Advocate
Hasbro is doing what they feel is necessary to protect its brand. Along with Magic: The Gathering, it is their most successful product. Generating over $1.1 billion seems like a massive number, but it isn't in the scheme of overall sales for Hasbro. Dungeons & Dragons is part of the Hasbro Gaming Division and comprises D&D, Jenga, The game of life, Operation, Scrabble, Trivial Pursuit, and Twister. Dungeons and Dragons is the most significant part of this portfolio. Still, the division only accounts for 14% of Hasbro's overall revenue (As reported in the Q3 report from 2021). And what about the $1.1B number being thrown around? People must understand that that number is for Wizards of the Coast, not Dungeons & Dragons. Of that $1.1B, Magic: The Gathering makes up over $1B of the revenue, becoming Hasbro's first billion-dollar brand. (Reported in its Q3 earning report.)Hasbro has high hopes for Dungeons & Dragons, projecting it can continue to grow and are hopeful it can become as large as Magic.
The Gaming Division is the fasting growing segment of the Hasbro portfolio, led by a 15% growth in tabletop gaming and 11% growth in Magic: the Gathering across platforms. To continue to grow at such a breakneck speed, exploring all possible ways to increase revenue in these two games is essential. Continuously looking for ways to maximize revenue, they have identified redoing the OGL as one way to do so. Do they owe some of the massive growth to creators, who have helped spread the game far and wide? Of course, they do. Not only do those creators provide an incredible amount of profit, but they have been free marketing and advertising for Dungeons & Dragons.
Hasbro understands that the 3rd party creators and the D&D community are one of the driving forces behind the game. (I mean, on some level, they have to, right? Right?) However, OGL 1.0 is too broad and prevents them from capitalizing on the revenue of the most prominent creators who use their systems. As stated above, Hasbro owes part of the Dungeons & Dragons explosions to 3rd party creators. Unfortunately, they are not beholden to the D&D community but their shareholders. Shareholders want to see their investments go up. The way to do that is to increase sales, revenue, and profit every quarter.
Signing a contract, whether you are a small or large creator, protects the company. It is the best way to ensure that creators comply with the terms in OGL 1.1. They are not setting out to harm or discourage small creators, who comprise the vast majority of that community. The revenue amount someone must hit to be subject to royalties is high enough that it only affects a minimal number of companies. Even then, they have sent out individualized contracts to the most prominent creators. (I have no idea what the terms of such agreements are, but I'd hope they are better than the insane commission rate reported).
In addition, contracts and licenses everywhere are constantly updated and adjusted, so it only makes sense to keep this option open to them. It is also within their rights to use anything someone creates when they sign the OGL agreement. When an employee of any large company comes up with a new product, that new product is owned by the company they work for. The employee created the product during work hours, using the company's tools, resources, and the skills of other employees. Therefore it only makes sense that the company would own the said product. While signing a contract does not make you an employee of Wizards of the Coast, I hope you can see the analogy here. Wizards of the Coast owns the materials third-party creators use to produce, and by utilizing those resources, the finished product can be used by them in any manner they see fit.
I'll be honest; this was painful to write. The OGL mess makes me sad. I can't say if I'll play D&D anymore, especially since we've already transitioned to Pathfinder. Depending on the final open gaming license, Stephen and I are still determining what we'll do with Dump Stat. What I do know is we support #OpenDnD and urge you to sign the petition. While signing it may amount to anything, it can't hurt and only takes seconds.
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