I was happily drawing and writing and designing away on Gunslinger when the OGL 1.1 was leaked. Whether or not that leak is legitimate – and it certainly seems like it is – it stirred up a hornets nest on RPG forums and social media. I got sucked in for a couple days of binging legalese to the point my head was spinning. This is why lawyers make the money they do.
In my initial post I boiled all the opinions I'd read down to two positions: pessimistic or optimistic. The pessimistic view saying Wizards could and will take their toys home and not let anyone else play with them and will punish you if you try to. The optimistic view being that Wizards agreed to share their toys and couldn't rescind that offer. Well, it turns out there is another view I overlooked. Perhaps the most important one. And that is the OGL has been smoke and mirrors this whole time. We've all been hoodwinked.
I've been aware for some time that game mechanics can not be copyrighted. Only creative expression can. There is an argument that anyone could make D&D compatible material without the OGL. Well, the details are far beyond my ability to articulate so all I can do is point you to this practicing copyright lawyer who spells it out in detail. Don't worry it is mostly an entertaining as well as informing read.
https://gsllcblog.com/2019/08/12/part1statblocks/
This is not legal advice. Just my opinions from what I've read. Don't take my word for any of this, do your own research and if necessary get your own legal council.
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