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I posted this goofy meme across social media this past week.

I received a not-so-goofy response. Long story short, Zephyr the Dream Dragon on Mastodon responded that he’d never want to use wand-wielding conductors as models because he’s worried he’d get sued by J.K. Rowling. Now, I think Zephyr gets it. I think Zephyr realizes that any such lawsuit would be frivolous. But not everyone does, and that’s a huge problem. It also pisses me off.

I’ve had too many conversations with too many people that think the WotC’s open gaming license (“OGL”) and its clones are legitimate licenses. WotC’s OGL is most certainly not, failing on multiple fundamental points, some of which you learn about in the first week or so of Contracts Law class. (Even when they get something right, it’s a potential disaster.) My posts on the ORC raise some doubts, but certainly leave open the possibility that the ORC is a legitimate license (albeit an unnecessary one) under very narrow set of circumstances and making some huge assumptions as to how courts will rule. However, even if enforceable, the ORC misstates the law and contains clearly unenforceable language designed to do nothing else but make you think they’re doing something better than WotC. That dishonesty is the symptom of a larger disease.

All of these gaming companies that are producing OGLs knowing full well that they’re probably not enforceable, and in any event can be done in a better way (public domain).

So, when (for example) both Paizo and WotC claim, implicitly or expressly, that single words can be copyrighted, or even that short phrases can be copyrighted, it’s no small matter. Too many people, whether they understand the ridiculousness of the claim or not, abide by their wishes and self-censor, as do the multitude of those that do believe that to be true.*** That’s utter horseshit. The purpose of copyright isn’t to reward artists for their hard work; that’s just a mechanism to achieve the true goal. The true goal is to give us, the public in general, an environment rich in art. But if copyright is used to suppress the creativity of artists, why have it? In fact, doing so is copyright misuse, but how often is that punished?

*** My point is that, while I can’t fix economic issues that cause your self-censorship, I can certainly fix legal misunderstandings that cause it, but you have to be willing to accept that you’ve been fooled all these years.

What we really need is a cheap tribunal (think small claims court of copyright infringement) that’s not as narrowly useful as what we currently have. People should be able to fight frivolous claims of copyright infringement regardless of their financial means or legal sophistication, and they should be able to do so relatively quickly. That’s far easier said than done, but our system doesn’t even try, and as much as it pains me to say this, if the copyright (or any) system runs contrary to its own purpose for existing, it shouldn’t exist. I don’t want that, because a properly constructed copyright system can be extremely beneficial to society. So, I’d desperately like to see us fix it, and the RPG industry’s misstatements of the law are an unnecessary barrier to that goal.

Stop believing lies.

Follow me on Twitter @gsllc

Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to nor endorsed the contents of this post. (Okay, jackasses?)