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by mcv 1259 days ago
Even if you're certain you'd win a lawsuit, you'd still have to be able to afford that lawsuit. As we saw in the Google vs Amazon case of the Java API, such lawsuits can be long and complex, and most RPG publishers are tiny. WotC is probably bigger than the entire rest of the industry put together.

Even if technically game mechanics are fair use, where exactly to draw that line has never been tested in court, and in the past, well before the OGL, RPG developers publishing something that was intended to be compatible with someone else's game, have been sued over that. Including WotC itself in their early days.

So just that already gave WotC an incentive to want a more open license. And in the late 1990s, before they released the OGL, the RPG industry was shrinking, with each company on its own island, and no exchange of material between different systems. WotC reasoned that the value of an RPG comes primarily from how easy it is to find players to play the game with, and if all RPGs are built on the same core mechanics, they have a common player base and players can much more easily pick up a new game. That's why they created the OGL: to connect all the islands, create a common player base for everybody, make all RPGs more valuable as a result, and thereby make the entire industry bigger. A bigger pie, of which WotC got the biggest piece.

On top of that, they hoped that third party contributions would also improve D&D itself. Inspired by ESR's the Cathedral and the Bazaar.

But the real thing that convinced other publishers to contribute to this common OGL system, much more than any of the legalities, is the trust that WotC built. The OGL was a solemn promise that they would never sue anyone who stuck to the rules in the OGL. Instead of the vague complexities and grey areas of copyright law, there were now clear lines drawn about what you could and couldn't do. And that is what convinced other RPG publishers to go along with this. To trust WotC. And everybody benefited from it.

And now WotC destroyed that trust, and may never be able to repair that. Paizo is trying to rebuild a new similar agreement and the accompanying trust from the ruins of WotC's sudden idiocy.

WotC seems to be seeing the RPG industry as a zero-sum game, where any money made by someone else, is money not made by them. That's not how it works. WotC benefited enormously from the OGL. The biggest editions of D&D are those that used the OGL (3.x and 5), whereas 4 was significantly less popular, and at some point even outsold by Paizo's Pathfinder. RPGs have always been a community effort. 20 years ago, WotC understood that. Modern Hasbro leadership only thinks in terms of products and consumers, and that attitude is going to hurt D&D.

1 comments

I think you mean Google vs Oracle for the Java API copyright lawsuit.
No, if precedent wasn’t a thing, then I’d be for Oracle vs Google. Google wanted to free-ride without contributing. If they could have they’d have made their own language from the beginning. Even then, they didn’t really support real Java but it’s evil twin brother Dalvik. When you are Google-scale you should pay. Noblesse oblige.
Uh, no. Hard no. Literally any legal principle in which Google has to pay for 20 lines of API declarations (which is the thing that Oracle was able to claim copyright over in court) means pretty much the end of software freedom, since reimplementation is how FOSS was bootstrapped. This means that Microsoft could sue Valve for offering Proton on the Steam Deck. GNU and BSD become legally radioactive. Ruffle survives only through detrimental reliance[0]. The entire console emulation community gets sued for hilariously large sums.

Oh, and Oracle now has to pay billions of dollars to Amazon for providing an S3-compatible storage API, completely ending their cloud ambitions and cementing the AWS monopoly.

[0] Adobe published documentation on SWF specifically to encourage browser vendors to reimplement.

> if precedent wasn’t a thing

It's the size of Google that I feel makes it lose rights. When you are a giant you should lose to compensate for all the power you have as a consequence to the natural accumulation of power. So that Google should pay, doesn't follow that a small start-up should. Unfortunately, the laws are not written that way.

If we're going to throw out the overly-literal interpretation of "equality under the law" that means "exact same rules regardless of socioeconomic status or other context", then why only do this for the very narrow case of API reimplementation? Why not just break up Google for the crime of being a threat to the sovereignty of its host government and people? If Google is powerful enough that we need to start "taking away rights" in order to create a level playing field, then we should start talking about killing Google, if only to minimize how many rights need to be taken away and for how long.

Furthermore, the underlying reason why we're making Google pay is still total bullshit. Remember: we're not arguing for "start-ups should get a pass on copyright infringement but Google should pay billions". We're arguing over 20 function signatures. Nobody should have to pay for that, and any copyright law that covers function signatures is unfit for purpose, even if it's a bill of attainder[0] that only applies to Google.

[0] A law that specifically prescribes a punishment to be applied to one person and one person alone. For example, if Congress were to pass a bill saying "Larry Page is guilty of copyright infringement for scraping the Internet and has no civil rights", that is a bill of attainder.

This is such an easily abusable process that the Constitution, unamended, forbids it.

“The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal loaves of bread”
I think Google should have bought Sun when they could. But whatever your opinion on that case is, my point is that copyright is complex and has big grey areas, and having to fight this out in court is going to be way too expensive and risky for most parties involved.
I do indeed. I knew I mistyped that in a couple of places. No idea why. Oracle seems to have vanished from my brain.