The former vice president of Wizards of the Coast recently shared his thoughts onDungeons and Dragons' controversial changes to the Open Game License. Though his comment is not official or legally binding, he believes Hasbro won’t be able to enforce the draconian changes inDungeons and Dragons’ new Open Game License.
Ryan Dancey is the former vice president in charge ofDungeons and Dragonsfor Wizards of the Coast. He was the man responsible for creating the original Open Game License–the legal documents and guidelines that givethird-party publishers the right to create homebrewD&Dcontentwithout being sued–for3rd EditionDungeons and Dragons.
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Recently, rumors that Wizards of the Coast was trying to crack down on homebrew were all but confirmed when anewOne D&DOGL document leaked online. Dubbed the “OGL 1.1,” this document magnifies the oversight Wizards of the Coast would have on third-partyDungeons and Dragonscontent and gives it full creative rights to anything published with the new system. Additionally, the new OGL claims it overwrites and revokes the previous OGL–a feat that is widely believed to be impossible, even according to an old Wizards of the Coast FAQ page.
As the original creator of the OGL, Dancey has now weighed in on the situation. His belief that thecreativity of theDungeons and Dragonscommunitywas its true strength led him to champion the original OGL, and he believes the OGL 1.1 is in direct opposition to the spirit of the document.
“Yeah, my public opinion is that Hasbro does not have the power to deauthorize a version of the OGL. If that had been a power that we wanted to reserve for Hasbro, we would have enumerated it in the license. I am on record in numerous places in email and blogs and interviews saying that the license could never be revoked.”
Unfortunately, the spirit of the document may not be enough to protect the original OGL. In the 20 years since its creation, legal diction has changed in ways that may allow Hasbro to revoke the old OGL, even ifDungeons and Dragonsfans would be upset. According to several lawyers who have weighed in on the situation, if a document does not specifically say it is “irrevocable,” it can be revoked. While the old OGL uses the term “perpetual,” it does not use the word “irrevocable” in writing, and Dancey’s use of the word in interviews and emails may not be sufficient for the courts.
There is still hope for the future of third-partyDungeons and Dragonscontent, however. The OGL 1.1 has not been officially released, so Wizards of the Coast still has time to change, alter, or eliminate it. Likewise, if the new OGL ends up going to court, the spirit of the original OGL could save the day, even in the absence of more modern legal diction. Either way, ifWizards of the Coast doesn’t keepDungeons and Dragonsopen, players are not going to be happy.
Dungeons and Dragonsis available now.One D&Dis in development.
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