So you want to license…

Okay, so Open RPG Creative (ORC) is out and a lot of people want to know whether they should use it or another license… and sadly ORC doesn’t really provide a lot of guidance one how to do that – its jargon laden text reads like something written by a copyright lawyer for copyright lawyers… hang on…

…I am being told Brian Lewis of Azora Law, lead on the ORC project, is a copyright lawyer who works in a firm of copyright lawyers.

Well that explains a lot.

So, here’s your quick and dirty primer to understanding licenses and which is right for you.

In case you don’t know me, my background is I’m a law student in New Zealand. I’m a not a lawyer, I’m definitely not your lawyer and what follows is not personalized legal advice and doesn’t form and sort of client-lawyer privilege. Please do not rely on blog posts for your legal advice.

Qualifying for copyright, or “does it even?”

Thanks to a generation of grifters trying to sell you fake money to buy ugly images of apes, there is a lot of confusion about what constitutes intellectual property. Most recently, that’s been compounded by grifters trying to sell subscriptions to AI programs that make drawings of big titty anime girls no matter the prompt.

It’s made even more confusing in that lots of people talk about US laws like they’re universal (looking at you ORC), when in fact they vary from jurisdiction to jurisdiction.

For that reason the following primer is deliberately vague and doesn’t cite any particular tests, because the tests and the standards used will be determined by the jurisdictions involved.

Continue reading So you want to license…

The ORC has landed. It kinda sucks.

So Paizo has recently announced the release of their own open license, ORC, which was prompted by the OGL Fiasco. The license itself is a couple pages long and is accompanied by the an Answers & Explanations (“ORC AxE”) document to be referenced and used as evidence of intentions.

And it kinda sucks.

If you don’t know me, I’m a Law student in New Zealand and I have experience in fraud investigation for online payment gateways – a role that requires a lot of deciphering all kind of documents and regulations. I’m not a lawyer, I’m definitely not your lawyer – nothing in this is personalized legal advice or forms a client-lawyer relationship. Please do not get your personalized legal advice from blogs.

Background

If you somehow missed it, in January 2023 there was a fiasco where various people reported receiving a leaked document. The leak proposed that Wizards of the Coast was in the process of repealing the sacrosanct Open Gaming License and replace it with a new one that came with content limitations and proposed to charge a fee to the top 1% of creators.

Eventually a copy made it’s way to Gizmodo journalist Linda Codega (they/them) and an objectively bad article (Gizmodo’s fault, not Linda’s, that’s how editorial responsibility works) was released. Opening Arguments summarized it as “a hit piece”, but I think that’s inaccurate – the simple fact is that Linda and the wider collection of Tabletop Role-Playing Games (“TTRPG”) commentators didn’t understand how contracts, intellectual property and business work. Gizmodo for it’s part, didn’t seem to care beyond making sure they were not likely to be sued – so didn’t provide their write who mostly does reviews any

Riots ensued. Platform after platform pivoted into talking about the OGL. A weird conspiracy theory that independent YouTuber Ginny Di was Wizards of the Coast executive insider. It was chaos.

During this mayhem, Paizo came forth, promising they would be creating a new open license, the Open RPG Creative (ORC), which would be irrevocable and perfect for all matters relating to gaming. It initially teased the idea of all kinds of over the top efforts, such as putting it in the hands of a non-profit, but ultimately was drafted by Azora Law (managed by Brian Lewis, who drafted the original OGL 1.0a) and a Discord server was set up for the “community”.

Eventually Wizards of the Coast abandoned all attempts to reform the Open Gaming License, and put all content currently covered under it into the Creative Commons – effectively washing their hands and moving on. But the development of ORC continued.

Paizo would release three drafts and now the final (interim) draft has been released to the public, with a promise that Paizo itself will start looking into how to apply it to their own products.

Continue reading The ORC has landed. It kinda sucks.