Sunday, 19 February 2023

The Recent Unpleasantness (Wizards - OGL)

The OGL.

Oh dear.


Ginni Di


Zee Bashew


Legal Eagle

I’m going to assume you’ve a base familiarity with the problem and not go over old ground. If not, talk to the Internet – it has Opinions and is not afraid to share them.

What fascinates me about this situation is, first, it’s beginning to sound a little like a constitutional law question where President Albert issues an Executive Order and everyone assumes it’s there forever, only for President Bluebottle to come along and tear up that Order replacing it with one of their own. Or just not replace it at all.

The assumption is that Executive Orders exist in perpetuity and some of the most famous ones – Lincoln’s Emancipation Proclamation – have. More or less. But the outgoing President’s order can be torn up by the incoming at any time. Or by the next one. Or by the one after that. They give the appearance of solid, binding and enforceable statutory law whereas they are nothing of the kind, laws being the province of an entirely different body. They might last only so long as it takes snowfall to melt on a spring day.

See also the OGL, which basically took the form of a company pinky-swearing not to do a thing, and everyone assuming that the pinky-swear was a legally enforceable contract and How Very Dare You Do The Thing, Sir.

Second, I think this only can have happened in the age of the Internet.

As has been said many times before by wiser minds than mine, the whole point of the OGL and its predecessors was so Wizards could pass off scenario-writing duties to someone else. Scenarios are vital to the hobby but they don’t sell enough to make them viable product, particularly if we’re talking about paper versions.

Ask anyone who’s ever published physical – the Unspeakable Oath magazine springs to mind – how those razor-thin profit margins can make strong souls weep like children, particularly when advertisers vanish like a ferret up a drainpipe. Ask the newspaper industry how it feels about running those presses all day every day.

Wizards in its wisdom decided to give the scenario sales to small press outlets, and everyone was happy.

In the pre-Internet past, third-party scenario and supplement production led to product glut and the fabled bargain bin, the butt of so many Knights of the Dinner Table jokes. Many hours of someone’s blood, sweat and caffeine reduced to a $0.99 ‘please God buy this turkey’ junk sale box. As mentioned, there's a huge up-front cash investment when publishing physical, and a lot of would-be creators were forced out on cost grounds. There just weren't the buyers to support the hobbyist creators.

That's still the case, I suspect, for most producers of content. Ask all those streamers who put out Let’s Plays for 10 viewers at a time, or the folks on sites like DriveThru who sell maybe 20 copies of a book that might have taken them years to write. Such is publishing. The difference being that there isn't the huge up-front cost. There is a cost. It's just nothing like as substantial a cost as it used to be.

As a side note – going back to my days at the Escapist – I remember when the site was basically dead, most of the creators bar Yahtzee having moved on or been kicked out. There were a couple video content creators still kicking around the place like ghosts in a museum, none of them big names. They were being shuffled off to Buffalo, one after the other. I still had back-end access and used to poke around just to see what was what.

I recall one video content creator being given the heave-ho and complaining bitterly that it was thanks to the Libs, who had denied her bid for fame. Having back-end access, I looked at the hits per vid. Less than 20 on average, IIRC.

Content creation is not a fertile field that wants only a few seeds and water to grow beautiful flowers. It’s rocky, unforgiving soil. If you persevere, have talent and a bit of luck, you can make it – but there are no guarantees.

It is much easier than it was, and this is where I come back to the Internet.

Look at the production values in any of Ginni Di’s vids, or Legal Eagle’s, Zee Bashew, Game Knights. There was a time not so long ago when that kind of performance was basically out of reach for most, on cost grounds alone. You’d need to be a midsize production studio at least, with hundreds of thousands of dollars in the bank, before you could even think about doing that kind of work. You’d need Disney level resources to produce a Zee Bashew-style animation. Now someone can work from home on a relatively ordinary desktop setup and produce amazing stuff.

Don’t misunderstand me. What Creators do still takes talent, knowledge, effort. I know that I, for one, haven’t the chops to do what Ginni Di does. But it’s not nearly as expensive or difficult as it used to be, which creates two illusions:

1) The people who do this must be swimming in cash.

2) It’s easy.

I’m reasonably confident that Matt Mercer can pay his rent, or mortgage. I wouldn’t swear as to anyone else’s income. Just because it looks expensive doesn’t mean there’s been a sudden influx of millionaires in the RPG space. It just means that doing this isn’t as costly as it used to be.

Put it another way: there are plenty of creators who may seem to have cash in hand, and yet only be able to do what they do because their spouse has a good job with benefits.

Also, just because content creation doesn’t need a midsize studio any more doesn’t mean there are no studios. Command Zone, Loadingreadyrun, these are studios. They just aren’t traditional studios with network-level cash behind them. They’re small outlets which put out regular content and can afford to pay rent. They make a little look amazing. That’s as far as it goes.

Hell, I can write and self-publish a book, put it on Amazon in front of millions of readers, and pay almost nothing for the privilege beyond my time. That’s absolutely insane. It wouldn’t have been possible thirty years ago. I can put a complete scenario on DriveThru and pay nothing at all, and still collect income from it. If you’d told me thirty years back that this was possible, I’d have called you a liar.

But I’d lose on that book. Because while it seems easy to create content it is not easy to create quality content, nor is it easy to sell product in a crowded market. Not by a long shot. The job still wants editors, draft readers, maybe playtesters, decent art, publicity. Especially publicity. I have yet to meet a writer who’s any good at selling themselves; it’s an introvert’s craft, for the most part.

Or to put it another way, just because Ginni Di makes it look easy to put together a great video or YouTube series, without any apparent resources beyond her time and a dream, doesn’t mean it is. But that’s part of the illusion that the Internet has created.

Ironically this is the future that the folks who created the DotCom Bubble back in the late 90s foresaw and tried to cash in on, but they were too early for the tech and overfed by venture capitalists who, by rights, ought to have been in padded cells rather than throwing cash at the wall to see what sticks. Not unlike some recent venture capitalists I could name, who thought that giving millions to a cryptojackass who liked to play video games during business conferences was a good idea. Funny how venture capitalist seems to be another name for moron no matter which era we live in, but … I digress.

This brave new world has created Creators. If the Internet didn’t exist Matt Mercer would be a talented geek working in a $25/hour office job somewhere, playing D&D with his buddies on the weekend. Always assuming, of course, that D&D survived the collapse of TSR (the original, not New Coke) back in the 1990s. Loadingreadyrun, Command Zone, all of it would be impossible.

However, because the Internet created Creators we now live in a world where anyone, absolutely anyone, has a voice and a means of making themselves heard. To an unprecedented degree. Every day on Kickstarter I see projects that wouldn’t have made it through the submissions stage at an established company ask for $20K and get $2 million, or some equally absurd figure.

Understand, this is the part that’s unprecedented: Creators having their own voice, unfettered. Gone are the days when Cary Grant or Carole Lombard owed everything to the studio. You don’t have to be top of the food chain to have an opinion and be heard. The money situation isn’t unprecedented; control, over the work, the content, is. Having a means of being heard that doesn’t depend on the bosses in corporate is.

It’s worth bearing in mind, as a side note, that this situation kinda underlines the power of white privilege too. If this situation only affected creators who weren’t white, and only attracted complaint from non-white creators, this wouldn’t be a thing. You might hear it mentioned on a podcast. Maybe PowrDragn would be talking about it. There would be no instant takebacks from corporate, no sudden changes in tone or policy. Whereas now, folks have to wait a week for a response from corporate and that week becomes a substantive concern, worthy of ridicule and opprobrium and God alone knows how many thinkpieces on influential online news sites – or even the Actual In-Print Press. Imagine if you had to wait a week for forty acres and a mule. You’d be outraged, I’m sure.

It’s not as if this stuff never happens. Spelljammer: Adventures in Space – remember that? Or the whole business with New Coke TSR? Gee, that was news not so long ago. 2022. What a year.

Back on topic.

As far as the OGL is concerned it appears – at least, it appears to the madding crowd - as though Wizards took one look at the evolving situation, thought about the money they believed they’d thrown away when they gave scenario creation to the nerds, and tried to rake the cash back in. Only to discover that they were biting the hand that fed them. You don’t get to sell $50 game books unless you make the nerds happy, and they weren’t happy about this.

But I submit to you that the alleged motivation for doing this – the money – was illusionary from the beginning. Possibly on both sides. It’s been said – mostly by Wizards – that money was not the company’s primary concern. That this situation has less to do with cash than it does the changing market. Whether or not you believe that is up to you, but judging by the screams the Creators definitely believe it’s about the money.

Yet another side note (they breed like rabbits). It’s been suggested that the reason why Wizards wanted this switch was to protect their rights to the brand; they wanted to ensure they could step in and quash unacceptable use. I can see a case for that. It used to be said, if you were in the software business and Microsoft wanted to buy your company, you had two options. Take the money and run, or say no. If you said no, Microsoft would reverse-engineer your tech, and then steal the business right from under you.

I can see a case for arguing that if, say, Disney, wants to get into the RPG space, it doesn’t even have to reverse-engineer the tech; making it OGL or Creative Commons does all the hard work for them. It’s not as if anyone ever got rich fighting the House of Mouse. You can say that’s unlikely right now, and I’d agree with you. But the more visible Dungeons and Dragons gets, the more movies/TV shows/whatever are based on or reference Dungeons and Dragons, the more likely it is one of the bigger fish in the pond will take note. Then there will be trouble.

Back on topic.

The money.

You can make money doing content creation. Good money. But it’s not anything like as easy as it looks and just because someone, operating on a smallish budget, can put out good-looking content does not mean everyone’s a millionaire and there’s oceans of cash out there waiting to be redirected into your pocket. Or anyone’s pocket.

It’s still the same game as ever was. The production values are better, but don’t get fooled by a pretty outward show.

Anyhow, that’s enough bloviating from me. Have a good one!

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