The new D&D OGL is out…

…and it is kind of sourly amusing.

…Speaking as an unreconstructed Right-Wing Death Beast: Section 6(f) is the Giant Stick that Hasbro can and will use to ensure compliance on their terms.https://t.co/MMBMVNV9o5

— Ogiel (Moe Lane) (@Ogiel23) January 19, 2023

The gist: Hasbro’s happily giving ground on who can use the rules, because what it really wants is the ability to instantly win any revenue sharing dispute or contract negotiation with smaller TTRPG companies. Guess what? Under these rules, it got it.

Behold! The Big Honking Stick, otherwise known as Section 6(f):

6. WARRANTIES AND DISCLAIMERS. You represent and warrant that:
   …(f) No Hateful Content or Conduct. You will not include content in Your Licensed Works that is harmful, discriminatory, illegal, obscene, or harassing, or engage in conduct that is harmful, discriminatory, illegal, obscene, or harassing. We have the sole right to decide what conduct or content is hateful, and you covenant that you will not contest any such determination via any suit or other legal action.
7. MODIFICATION OR TERMINATION
   (a) Modification. We may only modify the provisions of this license identifying the attribution required under Section 5 and the notice provision of Section 9(a). We may not modify any other provision.
   (b) Termination
   (i) We may immediately terminate your license if you infringe any of our intellectual property; bring an action challenging our ownership of Our Licensed Content, trademarks, or patents; violate any law in relation to your activities under this license; or violate Section 6(f).

Bolding mine. What does this mean? I summed it up already:

Q. All of that, as defined by whom? A. Hasbro.
Q. Who else has a say? A. Nobody.
Q. What if you disagree? A. Sucks to be you.
Q. I'll sue! A. You've waived that right.
Q. How do I know you won't abuse this? A. …That insinuation is fairly hateful conduct on your part, isn't it?

— Ogiel (Moe Lane) (@Ogiel23) January 19, 2023

…Everyone originally reading this post got the point right away, but for the benefit of future visitors: this clause is an instant contract-killer (should Hasbro choose to use it as such). Provisions where one party has the irrevocable, unappealable right to define the other party as the scum of the earth usually are. I must note that the ‘unappealable’ part is a real chef’s kiss, too. It’s such a minor little point… until it gets stuck into your skin. Then it becomes downright infuriating, not that Hasbro is contractually obligated to care.

Mind you, all of this won’t affect regular players, and on a practical level the smaller companies won’t get hassled, either. I’m also absolutely in agreement that Hasbro can propose what clauses it likes, and nobody’s forcing anybody else to use this OGL. That’s why I’m sourly amused. Aside from everything else: I’m a GURPS/In Nomine/GUMSHOE man, myself.

Moe Lane

#commissionearned