Snarf Zagyg
Notorious Liquefactionist
I posted, in another thread, my brief thoughts recently about how I wondered how this all went down at Paizo. And since then, being (by nature) somewhat oppositional, I started thinking ... if I was paranoid, and I was viewing things in the light most favorable to Hasbro, how would I view this?
What do we actually know? So far, we know that there was a leak of some kind of document- although we can't be sure if it's the final one, or if it's the bespoke one, or if it was the earliest draft used to make Hasbro look as bad as possible. We are reasonably certain that Hasbro is trying to change the licensing terms. We know that it didn't go out to all 3PPs (not to put Morrus on the spot, given the existence of NDAs, but I believe he's been pretty emphatic that he doesn't know about this). Moreover, we are aware that some prominent 3PPs (Goodman Games) and other partners of Hasbro (Critical Role) have been sitting this out.
We do know the following timing-
1. This matter first broke on "Roll For Combat" on January 4, 2023, when they discussed the leak (although it was apparently more of the FAQ). This started the community uproar, although it was mostly rubbished at the time. In other words ... if this was a purposeful leak, it didn't get the reaction whoever leaked it wanted. But recall the confidence of the hosts of the show that this was a well-sourced leak.
2. This continued with the leak to io9 (Gizmodo) that was published on January 5, 2023.
3. We see that is starts getting picked up by others at this point (January 6, 2023 is when Ginny Di posts her concern, for example). Still, there is no widespread outrage or 10 billion EnWorld Threads.
4. ....the weekend happens....
5. Then the full text of the alleged leaked OGL1.1(a) was posted on January 9, 2023. I believe that while parts had been posted before, this is when the full text was leaked. And everything starts blowing up. The community quickly goes to full outrage. ... and then, over the next few days, we here from multiple sources, including multiple prominent publishers, who ... are now commenting not on what they see, but on the rumors that are going around.*
6. Then Brian Lewis, who is the managing partner at Azora Law (who represents Paizo), sends out a request- that third party publishers join in on a new open license. Of course, Azora represents Paizo as well as other 3PPs. Which means ... that he would have been the one responsible for reviewing any agreements or discussions between Paizo and Hasbro, and that if any other companies contacted him directly, it would be possible to offer to represent them prior to further discussions. Which means attorney-client privilege, baby!
7. Finally, Paizo is able to announce (joined by others) the plan previously announced by Brian Lewis, to great acclaim, as the savior of the industry and open source.
Now, I'm not saying anyone was plotting here. Heck, everyone can (and should) make rational business decisions. But I have written that history doesn't repeat, but it often rhymes. When Hasbro moved to 4e, Paizo made the decision to release Pathfinder, and IIRC they sent people to playtest 4e and evaluate it even while they advancing their own game system. Which was a rational corporate decision for them. If I recall correctly (and I might not!), the past year has not been overly kind to Paizo- there were controversies about management issues there that didn't paint them in the best light, and PF2 hasn't been a rousing success - not a failure, but not a success.
Corporations are corporations; rational self interest explains a lot. Maybe Paizo was completely blindsided by all of this and has decided to ride to the rescue of the hobby. Or perhaps they are seizing (and exploiting) the opportunity provided by Hasbro's poor decision making.** I don't know- I truly have no idea. But I do know that I am deathly curious. Aren't you?
*I never said he was taking ibogaine, I said there was a rumor in Milwaukeee that he was. Which was true, and I started the rumor in Milwaukee. If you read that carefully, I’m a very accurate journalist.
-Hunter S. Thompson
**Given the heated emotions on the topic, I will reiterate that this speculation in no way condones the (allegedly) shabby treatment by Hasbro of the many incredible and hardworking 3PPs out there that have made the TTRPG community the amazing place it is.
What do we actually know? So far, we know that there was a leak of some kind of document- although we can't be sure if it's the final one, or if it's the bespoke one, or if it was the earliest draft used to make Hasbro look as bad as possible. We are reasonably certain that Hasbro is trying to change the licensing terms. We know that it didn't go out to all 3PPs (not to put Morrus on the spot, given the existence of NDAs, but I believe he's been pretty emphatic that he doesn't know about this). Moreover, we are aware that some prominent 3PPs (Goodman Games) and other partners of Hasbro (Critical Role) have been sitting this out.
We do know the following timing-
1. This matter first broke on "Roll For Combat" on January 4, 2023, when they discussed the leak (although it was apparently more of the FAQ). This started the community uproar, although it was mostly rubbished at the time. In other words ... if this was a purposeful leak, it didn't get the reaction whoever leaked it wanted. But recall the confidence of the hosts of the show that this was a well-sourced leak.
2. This continued with the leak to io9 (Gizmodo) that was published on January 5, 2023.
3. We see that is starts getting picked up by others at this point (January 6, 2023 is when Ginny Di posts her concern, for example). Still, there is no widespread outrage or 10 billion EnWorld Threads.
4. ....the weekend happens....
5. Then the full text of the alleged leaked OGL1.1(a) was posted on January 9, 2023. I believe that while parts had been posted before, this is when the full text was leaked. And everything starts blowing up. The community quickly goes to full outrage. ... and then, over the next few days, we here from multiple sources, including multiple prominent publishers, who ... are now commenting not on what they see, but on the rumors that are going around.*
6. Then Brian Lewis, who is the managing partner at Azora Law (who represents Paizo), sends out a request- that third party publishers join in on a new open license. Of course, Azora represents Paizo as well as other 3PPs. Which means ... that he would have been the one responsible for reviewing any agreements or discussions between Paizo and Hasbro, and that if any other companies contacted him directly, it would be possible to offer to represent them prior to further discussions. Which means attorney-client privilege, baby!
7. Finally, Paizo is able to announce (joined by others) the plan previously announced by Brian Lewis, to great acclaim, as the savior of the industry and open source.
Now, I'm not saying anyone was plotting here. Heck, everyone can (and should) make rational business decisions. But I have written that history doesn't repeat, but it often rhymes. When Hasbro moved to 4e, Paizo made the decision to release Pathfinder, and IIRC they sent people to playtest 4e and evaluate it even while they advancing their own game system. Which was a rational corporate decision for them. If I recall correctly (and I might not!), the past year has not been overly kind to Paizo- there were controversies about management issues there that didn't paint them in the best light, and PF2 hasn't been a rousing success - not a failure, but not a success.
Corporations are corporations; rational self interest explains a lot. Maybe Paizo was completely blindsided by all of this and has decided to ride to the rescue of the hobby. Or perhaps they are seizing (and exploiting) the opportunity provided by Hasbro's poor decision making.** I don't know- I truly have no idea. But I do know that I am deathly curious. Aren't you?
*I never said he was taking ibogaine, I said there was a rumor in Milwaukeee that he was. Which was true, and I started the rumor in Milwaukee. If you read that carefully, I’m a very accurate journalist.
-Hunter S. Thompson
**Given the heated emotions on the topic, I will reiterate that this speculation in no way condones the (allegedly) shabby treatment by Hasbro of the many incredible and hardworking 3PPs out there that have made the TTRPG community the amazing place it is.