Intellectual Property for Gamers

The biggest piece of news in the RPG world so far in 2023 has been OGL 1.1. Wizards of the Coast announced a revision to the Open Gaming License for Dungeons and Dragons back in December, and then earlier this month a copy of the new license, OGL 1.1, was leaked to the gaming press. As of last week, the full text of the leaked license is available for anyone to read. While the terms of OGL 1.1 are simply worse for third party creators than OGL 1.0a, the previous version of the agreement, the worst part of the whole thing is the attempt to ‘de-authorize’ OGL 1.0a, a move which, if deemed legal, could threaten the futures and possibly even the back catalogs of dozens of creators. With the stakes that high, there has been an outcry on social media directed towards Wizards of the Coast and its parent company Hasbro. Among that outcry, though, is a lot of armchair legal work which is only confusing matters.

There are really only two things that need to be understood about what’s going on with the new version of the OGL. First, OGL 1.1 is a problem for game designers because it gives Wizards of the Coast a lot of control over licensees’ work, and takes away licensing rights which many designers assumed would be there in perpetuity because of the earlier version of the agreement. Second, intellectual property law and contract law, which cover what goes on both in and around the OGL and games affected by it, are both arcane enough that nothing about the new agreement’s legality, applicability, or enforceability is truly known unless a case goes to court. With that said, let’s take a look at intellectual property law and why it’s particularly weird for games.

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