Creator Original Open License Preview (Patreon)

Hey everyone!

I just got off the phone with Noah Downs, my attorney, to ask if I should go ahead and share this, and he gave me the go-ahead. 

This is the COOL, the Creator Original Open License. Modeled somewhat after the original 1.0a Open Gaming License by Wizards of the Coast, this new agreement fixes the loopholes that Wizards is trying to exploit in the new 1.1 "open" gaming license.

The COOL is 100% irrevocable.

Section 4 of the 1.0a open gaming license lacks the term "irrevocable." The COOL says clearly in section 5 that it is a "perpetual, irrevocable (except as otherwise provided herein), worldwide, royalty-free, non-exclusive license to Use the Base Content."

Read below to see what the "herein" is.

All versions are acceptable.

Similar to the original 1.0a's section 9, this agreement works with any authorized version. So even if we change it, sections 5 and 9 combined make it so you can use it, well... forever. And seeing as this OGL fiasco is one of the biggest "piss Dave off moments" in my professional life, I can't foresee myself ever reneging on this part of the agreement. 

Not that it matters...

This is all going into a non-profit trust.

You'll notice that this is currently attributed to my business entity, Hamrick Brands, LLC. This is temporary as we are in the process of forming a trust with approximately 8 board members, all from different backgrounds, business sizes, and walks of life. Because it's a 501-3c, it'll take a bit longer to get it set up, so we're using this as a placeholder until we can transfer it over. However, the paperwork is already being filed for the trust, so it's underway.

Limited revocation right protects us (and you) from future NuTSRs.

The only "controversial" clause is the limited revocation right in section 12. Essentially, this states that if a creator does something gross with the content or the agreement (racist, sexist, etc.) that the board can vote to terminate the agreement. And this is via good-faith discretion. 

While I'm all for free speech, seeing what's happening with the new TSR company and their revision of Star Frontiers (Google it... it's terrible), I understand why companies like Wizards and Chaosium would add such clauses. Often, it's hard to the average consumer to separate third-party content from the licensors. So while you and I might know that NuTSR is not actually Wizards of the Coasts, the average person may blame (or sue) Wizards for the content.

When I saw similar clauses in other open license agreements, my gut reaction was that something like this could be a very slippery slope. This is why a) we wanted to put this into the trust so that I'm not the only stakeholder in "what's right or wrong" (I am admittedly too imperfect for such decisions) and b) we added the good-faith discretion.

The rules are not yet included in this.

I have not yet posted a working copy of my work or forthcoming SRD into the document. However, those will come very soon once we iron out some kinks. This is just to let folks preview it and also apply a "time stamp," if you will, demonstrating that this is our document.

The copyright on the COOL exists mostly to protect us and creators from folks stealing our words and misconstruing them or altering the terms of our agreement, especially as it is still in early review form. While I think the COOL is already known enough for folks to know that if something similar popped up, the public would know that it was taken and altered, I'd rather be on the safe side.

Furthermore, this isn't an "official" version just yet. I want to make sure we get plenty of feedback from the community before we go live with it. And I want it locked up under the forthcoming trust.

I want to be as open as possible to creators.

Gatekeeping sucks. That's why I want to make sure that this agreement meets the following criteria:

1) Anyone can use it to create content using our derivative works when they go live forever and always.

2) Once it enters the trust, even I have to abide by the rules in the document, including adding the contents to the back of my books and sticking with the guidelines set forth in section 12.

3) We have made it impossible to revoke this in any way, shape, or format, with the exception of section 12. Once this monster is alive, it is undefeatable. So if somehow, in the year 2145, DMDave is a crazy robot hellbent on destroying the future TTRPG community, this agreement will prevent roboDave from doing what we're witnessing Wizards do to its own agreement now.

I've attached the document below. Let me know what you think. Keep in mind it's a legal document, so not exactly exciting. But still!