Not at all. I think you are mostly right. You're
probably aware of my take on "crippled" OGC--I dont
buy in to all the claims, and I think that most people
are just trying to do stuff the best way they knew
how, but I know for sure that there were some
publishers who were trying to hoard content.

Much as I love Monte Cook's work, and I really think he single-handed launched the PDF side into respectability and the public eye, I kind of wish he hadn't been the first big success story... people saw his OGC designations and just copied them without really knowing what they were doing... which isn't necessarily a bad thing, except if you read Monte's OGC designations in the "first published draft" of the Book of Eldritch Might and compare to the designations in the "current 3.5 version," they're much different... which tells me that Monte didn't get things "right" (by which I mean, legally reflecting the way he wanted to open his work) the first time - a mistake I think all of the earliest jumpers-in probably made. The problem is that everyone else just copied his early OGC designations and didn't learn about the OGL and update their designations as he did.

I blame the proliferation of "crippled OGC" declarations on the fact that most publishers that got into the game after the release of the Book of Eldritch Might seem to have used that early as their model and never bothered to look at the OGL again... in other words, it's a "lazy" problem, compounded by the fact that they happened to copy an OGC designation that wasn't great to begin with (not through any fault of Monte's other than the very forgivable sin of not being perfect the very first time - and Monte isn't part of the "lazy" problem). Once all these new publishers jumped in and followed that example, the designation became the standard because almost everyone was using it (with the exceptions of those publishers who had been on the scene prior to the BoEM - Bastion Press, SSS, and Mystic Eye spring to mind).

That WotC never felt it worth their while (rightly so, probably - I can't imagine their lawyers are cheap and most companies aren't turning profits so that they could pay for the cost of WotC's lawyers, much less any damages) to "crack down" on sloppy OGL compliance doesn't help... people could afford to stay lazy with their designations (the argument of "Clear Designation" compliance that has been beaten to death on this list).

But you forgot another reason:

4. A lot of the third party stuff wasnt that good.

Natch. In my defense, I was trying to address the issue of why "the good stuff" wasn't pooled and turned into the "de facto standard" and so I ignored this point on the theory that it didn't address "the good stuff." On the other hand, I suppose the volume of stuff out there made it hard to find the good - was it Dancey that said, "90% of everything is crap?" - and thus made it tougher to find the standout content in the first place.

And another reason:

5. There was too much of it. There was no good way to
track who was making what to even rationally discuss
what should be adopted as the standard. It was hard to
sort through the noise of d20.

Plus, there was no interest in actually selecting a
standard. Heck, you had GR compiling everyone elses
spells. You had Monte doing his "best of d20." That is
as close as anyone came. And neither of those are good
solutions. Simply compiling stuff isnt selecting what
is good, it is just putting it all in a pile. And
Monte deciding what is good, while I respect Monte, is
hardly the voice of the whole community selecting the
best content which is what you need for a "standard."

This is true, too. It's hard enough to get two people to agree what toppings to put on a pizza - let alone get an entire community to agree on what is "the best OGL/d20 material."

You are right. I cant imagine anything about 4E that
would make the above problem any better. "Enlightened
self interest" is a nice dream. "Greedy begrudgingly
minimal compliance" is the reality in many cases.

The only thing I can imagine about 4E that would make the above problem better would be a much-revised OGL (and in fact, it would probably have to be a different license altogether to avoid the problem of people using the current hole-filled OGL instead). The license would have to have more "bite" than the current OGL does, especially with relation to what must be designated as OGC (or the functional equivalent thereof under a new license)... something that would basically be, "if you touch any part of your product with this license, your whole product must be open (with the exception of registered trademarks, which would presumably be the means of holding on to your brand)." I'm not a lawyer, of course, so that's probably not in perfect legalese, but I think it gets my point across - basically, your company brand name is protected, everything else - text especially - must be open; unless 4e comes with an OGL 2.0 with requirements substantially to that effect, I don't see much change coming from publishers (basically, they won't change unless they're forced to).

Of course, opening requirements that broad might cut down the number of people willing to work under the license... and we've NEVER seen an interest from WotC in doing much of anything with the OGL itself since it was initially released, so I'm not holding my breath.

Now, there are lots of exceptions. I like to think
Tome of Horrors is an example of great sharing of open
content. But even that product, as great as I (rather
biased, I admit) think it is, wasnt exactly reused
that widely. And I even put instructions in the thing
on how to reuse the content.

Of all the "big boy" publishers, I think you and Green Ronin have been the best about making your content easily re-usable (from the "goodie license" in Relics & Rituals to the Tome of Horrors)... I wasn't calling out every company individually, just noting some systemic trends. FWIW, I happen to love the Tome of Horrors both as a consumer (fun monsters!) and as a publisher (easy-to-use OGC!).

The bottom line truth is that there was very little
significant reuse of OGC.

Bingo. There were, as you mentioned, compilations, but very little that "built" on the foundation of existing OGC (i.e., taking what was out there and expanding on it, not just compiling it). I'm not sure how much of that was due to legal issues and how much was personal "ego" issues (you know, the "hey, that's not exactly how I would have done it, so I'll just start from scratch and do it my way").

The other "non-legal" issue I noted was the general attitude in the publishing and reviewing communities towards those who re-used content... in general, unless you were (a) doing a compilation or (b) cherry-picking a tiny bit here and there, but only using "re-used" stuff as a tiny fraction of your content, there was kind of an attitude of "looking down their nose" at you. That is to say, anyone who re-used significant sections of another's work kind of got ostracized by the publishing and reviewing community as more of a "plaigarizer" and a "copy/paste but no brains" person - someone who was really not "all that worthy" as a publisher (I don't know how else to put it). Of course, it doesn't help that most of the people who did use substantial portions of others' OGC intially WERE the "copy/paste" variety and weren't trying to build on the foundation laid by others, but instead trying to pass off others' work as their own - or at least piggyback some dollars.

Even with a legitimate "building on a foundation" though, I can, of course, see where that would be frustrating from a consumer/reviewer sense (I already have Product X; if Product Y has a significant portion of material from Product X, I have quite a bit of redundant material and I'm by and large wasting a significant chunk of the money I spent on Product Y that gets material I already have). I'm not sure I know how to solve that problem.

--The Sigil

P.S. As to a coalition of publishers handling a 4E SRD, there are several problems with that. The most obvious is that it's a time sink from which no profit is derived. From a business standpoint, that makes no sense to do. The other reason? See my "pizza" metaphor above for why building a consensus would be nigh unto impossible. One of the "problems" in this industry is that every single person thinks their way of doing things is the One True Way Of Gaming (I put problem in quotes because it means everyone publishes their own ruleset and then no matter what, you can find one that almost jives with the True One True Way Of Gaming - the way you and your group plays - and just pick that one up and make the necessary house rules that are so painfully obvious that the publisher should have caught them - is the slight irony about how the One True Way affects us coming across yet?)... as Matthew said, we couldn't even get publishers to agree on an "OGL" logo. A logo! How many ways can you "logo-ize" the letters O-G-L anyway? Even if you put all the candidates up and take a vote, someone is going to say, "well, mine was better than the one they picked, so I'll just use mine instead" - which defeats the purpose of having a common logo anyway. Ditto with rules ("well, I don't like the way they picked to handle this rule, it's not the One True Way Of Gaming so I'll use this other rule that is"). Gamers are creative and stubborn, and that leads to lack of consensus.


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