If you enjoy any of the content on this website, this letter is relevant to you and your ability to keep using this website.
In the last few days, credible rumors have come out suggesting that Wizards of the Coast (owned by Hasbro, and publishers of the Open Gaming License version 1.0a) may attempt to revise the OGL, and therefore the ability of any publishers within the industry to use content covered by the license.
This is, to put it mildly, controversial.
For more than two decades, the OGL has been an industry standard that publishers have used to share content and support the overall industry. Numerous games have used the license as a basis, including the Pathfinder Roleplaying Game, as an understood legal framework, and this has helped strengthen and support the overall industry. Further, publishers to date have considered the OGL irrevocable, strengthened by things Wizards of the Coast staff outright saying so, lawyer commentary on the matter, and a FAQ from Wizards (since removed) claiming that there would be no reason to create a different version of the OGL the community disliked because people could always choose to use an older version.
The Spheres of Power Wiki uses the OGL as the legal license allowing it to add and host content that various publishers have released in the past. Without a valid license, it would not be possible to host this website and provide any content to you.
The license itself says that people may use any authorized version of the license. According to leaks, it appears that Hasbro may attempt to claim that they can “de-authorize” the license at any time, but it is unclear how well this argument will hold up in court if it’s tested by a lawsuit.
However, if the OGL 1.0a is actually revoked, then the Spheres of Power Wiki would likely only have two options going forward.
The first is to cease all updates of content. While we could likely get away with typo fixes and minor errata, this would essentially have the Wiki stand as-is, as it would have to update otherwise.
The second option would be to attempt to update to the proposed Version 1.1. However, based on leaks about the content, that license does not cover digital content in the same way 1.0a does, and possibly would not cover rules-hosting websites like the Spheres of Power Wiki at all. The Wiki is arguably not a “static” electronic file, as it receives regular changes and updates. I am not a lawyer, and I cannot tell you how likely arguments would hold up in court. Furthermore, changes to the Wiki that add new content would also potentially mean the site is not “static”, again meaning the proposed OGL 1.1 might not cover it.
In short, there is a real chance that websites like this one cannot exist under the proposed OGL 1.1, which means stopping the addition of content would be the only way forward. I intend to keep this website up under the original licensing for as long as possible, however, so that people can continue to enjoy it.
My Position
I believe that Open Gaming is a valuable part of the TTRPG community and ecosystem.
Many people have found out about content like the Spheres of Power rules thanks to the SoP Wiki and gone on to become customers. Other people have enjoyed the content but haven’t bought it themselves, but have told their friends about it, and those people have bought things. Free access to rules content on sites like this one has helped bring in enough money to produce more products and content for people to enjoy, and that’s only possible because of Open Gaming principles.
Open Gaming also makes it possible for anyone to try writing and selling compatible content, secure in the knowledge of an understood legal framework. Some people don’t believe the OGL is even necessary to produce compatible content, but the fact is that having a license people agree on and use makes things a lot smoother overall. People can start small by entering the industry as a hobby, gain skill, and potentially become a full-time professional game designer after gaining experience. That strengthens the entire industry.
The Open Gaming License is not a gift to the community. In Section 4 of the 1.0a draft, it states that “in consideration for” using it, the Contributors grant you certain rights. This term means that the license provider is receiving something out of it. That should be quite obvious, considering Hasbro’s dominant position in the market.
Newer players may not remember what happened with D&D 4E, but it fell far short of expectations – in part because it had an extremely restrictive licensing system. That was when Pathfinder saw the most growth and attention, and Wizards of the Coast never tried to cut off the OGL and stop them, even when their biggest competitor was doing better than they were. Strange thing to not try, don’t you think?
I am not a lawyer. I am not an expert on contract law, and I cannot tell you how any actual attempt to revise the OGL is likely to end. However, I do know three important things.
First, people who are lawyers have already commented on this issue, and from what I’ve seen, they have consistently agreed that Hasbro cannot actually wave their hand and cancel the OGL 1.0a, forcing everyone to update to 1.1 or stop releasing content entirely.
Second, the information about the proposed 1.1 indicate that it is not an Open Gaming License in the way we understand the current version, whatever it’s called, given how extraordinarily restrictive and limiting it is.
Third, this Wiki follows the law. We must abide by the terms of licenses as they are set, which means we have to listen to whatever courts decide if Hasbro does in fact try to revoke the OGL 1.0a. In my view, it’s likely that someone will take this to court if that happens. (It’s also possible that Hasbro will cancel their plans for the OGL 1.1 considering the overwhelming community backlash and very real possibility of losing in court. Also, they’re dealing with a community that is specifically good at looking for loopholes in rules to exploit to their advantage.)
What’s Going To Happen
If Hasbro does not attempt to revise the OGL 1.0a, nothing happens and we continue on as usual. The Wiki will continue to receive updates, host upcoming Spheres content, and so on.
If Hasbro does attempt to revise the OGL 1.0a, we will have to pay attention to what courts rule and any orders they impose. The Wiki may have to temporarily stop adding content. If there are any legal cases, the Wiki will also look into different options for supporting the case. For example, I may end up filing an amicus curiae brief (essentially community commentary on a case), or donating to a legal defense fund with money the Wiki has earned from affiliate links.
I encourage you to pay attention to this issue. The Open Gaming License 1.0a is a massively important document to the entire TTRPG industry. Even if you don’t play games that use it directly, it affects things like creators’ ability to get experience and allows for the creation of more games you might enjoy. Please take whatever legal and appropriate measures you can and make it clear that this is something the community cannot and will not accept - things like (politely) calling Hasbro, talking to any investing firms who have stakes in Hasbro, signing petitions, and talking on social media can all help.
I do not believe this is a case of a 1 HD commoner fighting an ancient red dragon. According to lawyers, there are many reasons to believe changes cannot be made to the OGL in the way it seems Hasbro is attempting. Gaming brings smiles and fun to so many people. Let’s keep it that way.
Update: 1/12/23
Paizo has announced their intention to create the Open RPG Creative License (ORC) as a replacement for the OGL 1.0a, in conjunction with numerous other publishers. Depending on the terms of this license, there is a very realistic chance that the Wiki will begin using the ORC for future content.
Update: 1/27/23
Hasbro, via D&D Beyond, has announced that they are going to leave the OGL 1.0a alone, and are additionally putting the entirety of the Dungeons and Dragons 5.1 SRD under a Creative Commons license, with publishers given the option to use either as they prefer. If Hasbro continues to hold this course, the Spheres of Power Wiki can continue as-is with no issues.