Ryan Dancey is the former vice president in charge of Dungeons and Dragons for Wizards of the Coast. He was the man responsible for creating the original Open Game License–the legal documents and guidelines that give third-party publishers the right to create homebrew D&D content without being sued–for 3rd Edition Dungeons and Dragons.
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As the original creator of the OGL, Dancey has now weighed in on the situation. His belief that the creativity of the Dungeons and Dragons community was 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.
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 if Dungeons and Dragons fans 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-party Dungeons and Dragons content, 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, if Wizards of the Coast doesn’t keep Dungeons and Dragons open, players are not going to be happy.
Dungeons and Dragons is available now. One D&D is in development.
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Source: En World
