Tag Archives: D&D Beyond

D&D’s Biggest Controversies Ranked—3. Wizards of the Coast Attempts To Revoke the Current Open Gaming License

In 1997 Wizards of the Coast bought Dungeons & Dragons publisher TSR, rescuing the company from bankruptcy. New D&D head Ryan Dancey looked for ways to turn the game into a healthy business. Dancey saw fan contributions as an enhancement to the D&D community that strengthened the game’s place in the market. Support from fans and from third-party publishers encouraged more people to play D&D. Dancey wrote, “This is a feedback cycle—the more effective the support is, the more people play D&D. The more people play D&D, the more effective the support is.” Besides, the numbers showed that the D&D business made money selling core books. Why not let fans and other companies bear the weight of supporting the game with low-profit adventures, settings, and other add-ons?

Dancey’s thinking led to the introduction of the Open Gaming License and the d20 License. Using these licenses gamers and gaming companies could create and distribute products compatible with the D&D rules. Sometimes the products competed with Wizard’s own publications, but the overall contributions from the community helped the game flourish. Other role-playing game companies recognized the success of this strategy and introduced similar licenses for their games.

The OGL granted a perpetual license, encouraging game publishers to view the OGL as a safe agreement to base investments on. “When v1.0a was published and authorized, Hasbro and Wizards of the Coast did so knowing that they were entering into a perpetual licensing regime,” Dancey said. However, the OGL does not grant an irrevocable license, and to lawyers, perpetual licenses can sometimes be revoked.

In 2022, Hasbro CEO Chris Cocks and Wizards of the Coast CEO Cynthia Williams appeared in a presentation for investors. Williams touted D&D’s popularity but described the game “under monetized.” Wizards aimed to do a better job of gaining income from the game, bringing more earnings to stockholders.

With monetization in mind, Wizards executives probably looked at other publishers profiting from D&D-compatible products and felt D&D’s owner deserved a cut. Royalties on a million-dollar Kickstarter for a D&D-compatible product would hardly move the bottom line of a company the size of Hasbro, but multiply that cut by 10 or more multi-dollar dollar kickstarters per year, every year, and the payoff adds up. So, the company asked lawyers to find a way break the OGL, and the legal team found a potential out in the word “authorized.”

The OGL states, “You may use any authorized version of this License.” What if Wizards simply declared current version of the license “unauthorized,” and then replaced the OGL with a new version containing terms that favored the company? Wizards prepared a FAQ that explained, “OGL 1.0a only allows creators to use ‘authorized’ versions of the OGL which allows Wizards to determine which of its prior versions to continue to allow use of when we exercise our right to update the license. As part of rolling out OGL 2.0, we are deauthorizing OGL 1.0a from future use and deleting it from our website. This means OGL 1.0a can no longer be used to develop content for release.”

The new OGL license required publishers to register their products, demanded royaties from larger publishers, and enabled Wizards to revoke the new agreement. Wizards surely knew such a move would meet resistance from the D&D community, but they made some allowances to minimize criticism.

  • The new OGL introduced some high-minded changes such as rules that prohibited material that is “blatantly racist, sexist, homophobic, trans-phobic, bigoted or otherwise discriminatory.” Wizards undoubtedly supported such additions, but they also gave the company a way to claim that the new agreement came from noble goals. In a FAQ, Wizards states, “OGL wasn’t intended to fund major competitors and it wasn’t intended to allow people to make D&D apps, videos, or anything other than printed (or printable) materials for use while gaming. We are updating the OGL in part to make that very clear.”
  • The new OGL only demanded royalties from the few companies who grossed more than $750,000 on D&D-comparable products. Wizards probably hoped that this would leave the vast number of D&D creators with no cause for complaint. That proved a miscalculation, perhaps because most D&D creators eyeing a million-dollar Kickstarter think, someday that could be my project.
  • The high-royalty rates in the new OGL only represented an opening offer in a negotiation. In late 2022 Wizards gathered about 20 third-party creators to outline the new OGL and to offer 15% royalty rate rather than 25% to publishers willing to sign a separate agreement. For growing companies, the OGL promised, “If You appear to have achieved great success…from producing OGL: Commercial content, We may reach out to You for a more custom (and mutually beneficial) licensing arrangement.”

Likely Wizards executives hoped big publishers would come to terms before the new OGL became public, smaller publisher and fans would consider themselves unaffected by the OGL, and any lingering objections would be forgotten. They miscalculated. A draft of the new OGL leaked, igniting a firestorm of criticism.

For eight days, Wizard’s avoided commenting on the leak. According to insiders, the company’s managers saw fans as overreacting and calculated that in a few months everyone would forget the uproar. The company drafted a FAQ they hoped would soothe fans and help speed acceptance.

Meanwhile, many of the biggest OGL publishers announced plans to drop the OGL or to introduce their own gaming licenses for their product. A fan-led campaign to send a clear message to Wizards by canceling D&D Beyond subscriptions went viral. So many gamers went to the site to stop payments that the traffic temporary shutdown the page. The story reached mainstream news.

Wizards of the Coast got the message. They scrambled to make accommodations, first by promising to remove the most onerous provisions from the new license, and then by committing to keep the existing OGL. Ultimately, Wizards put the Systems Reference Document for D&D 5.1 into the Creative Commons using a perpetual, irrevocable open license agreement outside the company’s control.

Related: The Legal Fight Over Happy Birthday and What It May Tell Us About D&D’s Rumored OGL 1.1

Next: Number 2.

The 5 Unwritten Goals of the One D&D Rules Update

Six months before then D&D head Ray Winninger announced an new set of Dungeons & Dragons core books for 2024, I predicted the update. I based my prediction on a declaration from the D&D team, which made their top priority “making D&D as welcoming and inclusive as possible.”

To reach that goal, Tasha’s Cauldron of Everything featured a new way to distribute ability scores. “This option emphasizes that each person in the game is an individual with capabilities all their own.” New books portrayed “all the peoples of D&D in relatable ways, making it clear that they are as free as humans to decide who they are and what they do.”

But the 2014 core books still showed an outdated approach, so when the D&D team wrote, “Our priority is to make things right,” predicting new core books seemed easy. I wrote, “By the end of 2022, Wizards of the Coast will release a new version of the Player’s Handbook that revisits the old ability score adjustments in favor of the more flexible version.”

The rest of my prediction proved wrong, because I expected a speedy, modest update that simply added Tasha’s rules for ability scores and replaced some troublesome spells, class features, and so on with the improved versions already printed in newer books.

Wandering Troubadour by Rudy Siswanto

Given fifth edition’s continuing growth, such a careful update seemed sensible. New editions fuel a surge of sales as a game’s existing fans replace their books, but they also lose players who choose not to leave their game mastery and their investment in old books. The worst case of a new edition follows the path of fourth edition, where as much as half of the player base split to play Pathfinder, a game that felt more like D&D to its fans. Hypothetically, a disastrous One D&D release could strangle D&D’s burgeoning growth. In D&D management’s nightmare, Matt Mercer dislikes One D&D and opts to stream Critical Role games based on his own fifth edition offshoot called Mattfinder.

Nonetheless, the One D&D playtest packets suggest changes that resemble a new edition. What explains the bolder update that has players using the word “sixth,” even if no one on the D&D team dares?

Some gamers say a major update will sell more books, and that might be true for a replacement to a stagnant edition. A mature roleplaying game with shelves of rule expansions can intimidate potential players, because they feel like they could never catch up. A new edition feels more welcoming. But fifth edition avoided flooding game store shelves with new rules, opting for adventures and settings instead. Besides, the edition continues to gain players at an unprecedented rate.

Anyway, a careful refresh would have led millions of gamers to replace the books already on their shelves, vaulting a trio of D&D books to the top of Amazon’s bestseller lists. Such an update would skip One D&D’s 18-month playtest or any risk of slowing sales as some gamers spend 18 months avoiding purchases ahead of the new release.

Some gamers suspect that the designers aim to create a game that works better online. After all, One D&D includes a Digital Play Experience that “will be a virtual play space that allows Dungeon Masters to create truly immersive campaigns and players to enjoy a D&D experience where we offload a lot of the rules referencing.” Offloading “referencing” could mean nothing more than what players gain from D&D Beyond, but a virtual tabletop would probably add automation like attack buttons that roll to hit and total damage. A few playtest rules would prove easier to automate. For example, the Hide action simplifies sneaking to just a DC 15 Dexterity Check (Stealth). That rule’s programmer can take an early lunch.

Still, just as many playtest rules replace a rule easy for computers with one easier for humans. For example, the Special Speeds rule eliminates the math of mixing flying and climbing with regular movement. No computer struggles with the old math. The Jump action seems designed to free designer Jeremy Crawford from explaining how to include a jump in a Move action. Computers could handle the original rule effortlessly. I see no signs that the revision systematically favors play on a VTT. It systematically favors sparing Jeremy from answering the same damn questions about sneaking. Some changes match the game rules to the way players misunderstand the 2014 rules. This category includes changes like eliminating critical hits for attack spells and making Heroic Inspiration a re-roll.

Lead designer Jeremy Crawford says he keeps a list of pain points and sources of confusion in D&D. Likely the aggressive One D&D update stems from that list and similar lists from other designers. None of this makes the 2014 edition a bad game, but 8 years of play surfaces ample opportunities for improvement. Happily, based on the playtest, the designers’ lists match most of the pain points I would include in a list of my own—or in my 10 years of blog posts.

So just two playtest packets include improvements to exhaustion, dual-weapon fighting, Hunter’s Mark, Guidance, and much more. All these updates replace rules in the 2014 Player’s Handbook without breaking any of the game’s existing adventures or subsequent character options.

The One D&D team promises new core books compatible with the other fifth edition books. Second edition’s most important goal was “to make sure the game was still the one you knew and enjoyed,” and that goal applies to One D&D too. Still, if your definition of “compatible” means new classes and character features that equal the power of the 2014 versions, then One D&D will disappoint you. On average, One D&D characters and feats bring more power, but surely not as much power as some characters optimized for the 2014 rules. When I changed my human fighter with Great Weapon Fighter and Polearm Master to the playtest rules, his power plunged.

So, most of the playtest changes come from 4 goals, listed by importance from the essential number 1 to a number 4 that makes the D&D Sage’s life easier.

  • Make D&D as welcoming and inclusive as possible.
  • Keep One D&D compatible with existing adventures and new class options.
  • Fix pain points revealed by 8 years of play.
  • Avoid common questions and points of confusion prompted by the current rules.

The playtest rules show one more goal that I rate as the least important, but with One D&D opening the door to other, vital changes, the designers gain cover for working a fifth goal:

  • Adjust the game to the tastes of the current design team and how they read the tastes of D&D players

For example, the 2014 design team sought to make new characters as simple as possible. This returned to D&D’s 1974 roots. Now, the idea of pairing backgrounds with feats and mechanical benefits clearly enchants Jeremy Crawford. “I’m super excited about this whole approach that we’re taking with backgrounds,” he explains. “It’s all about building your character’s story and making certain meaningful game-mechanic choices that reflect the story you have in mind for your character.” Background-based feats appear in the playtest, but make no mistake, recent D&D products show that this change is already set.

Also, the 2014 design team felt comfortable making 1st-level characters as fragile as soap bubbles. After all, players have little investment in new characters. But today’s players more often lavish creative energy on the background and personality of characters, so the playtest offered a rule making new characters a bit harder to kill by preventing monsters from scoring critical hits. I suspect this critical hit rule tested poorly, so look for different tweaks that make new characters more durable.

I suspect the rules for awarding heroic inspiration on 5% of d20 rolls fits goal 5, although I’m unable to explain what the designers hope to achieve. Perhaps the inspiration rule takes us closer to a game where characters just show off their abilities on the way to easy success. Over 8 years, the design team has shown less and less appetite for letting characters fail.

Perhaps I could do without goal number 5, but the D&D team would say that if a change fails to match the tastes of D&D players, then playtest feedback will block it.