The Doom That Came To OGL, or The Dagger At The Throat Of OSR

I'd read about the new leaked Open Game License 1.1 from WOTC for D&DOne on Bat in the Attic but the discussion surrounding it has recently exploded as non-publishers and the legally-inclined start to notice it.

Is the OGL 1.0 getting revoked?

We have no idea until WOTC tells us. It should be noted that there was a change in OGL from 3rd edition to 3.5 edition that added in more product identity and tightened the legalese (that's why you can find beholder or mind flayers in very early OGL stuff); after the update, such content was "grandfathered in" but there was no option to continue use the older license. It should be noted that the first OGL was issued as a "test model" and an olive branch to creators burned by interactions with Lorraine Williams' T$R. When WOTC introduced the GSL for 4e, they did not attempt to revoke or alter the OGL. With 5e and the Dungeon Master's Guild, WOTC began a big push to devalue the OGL. Thus, at the moment, if WOTC were to revoke the license, all current content would be "grandfathered in" but no new content could be made under OGL 1.0

How does this affect publishers?

An added notice that the license can be revoked for badwrongthink has its most obvious bullseyes in James Desborough, Venger, Raggi, and the Skrotched 'Urf studio, but consider this: If there's a female slave or noncombatant in a module, is that misogyny? If a tomboyish lass or sensitive lad are ostracized from the village for their ways but are otherwise presented as potentially helpful NPCs, is that transphobic? Some of the most vocal anti-discrimination advocates argue that showing discrimination empowers and supports it, a position that got noted liberal writer and artist Howard Chaykin into hot water a few years ago. Semantics are a game with few winners.

There's another clause about how if you make $X in a year you must pay your tithes to WOTC, which I doubt affects the OSR publishers much but is a tremendous deterrent to anyone in 5e publishing at the moment. Most retroclones are free, with their profits in 1st party splats or POD products. This can be potentially disastrous to print-at-cost retroclones like BFRPG if POD is classifed as revenue by WOTC.

How does this affect others?

Production of new OGL content will exhibit unusual and variable waves, as publishers either panic and try to rush out anything almost complete to make $ before the hammer drops or slow down and wait for things to shake out. A glut of shit and a drought of quality.

Publishing without the OGL

I refuse to count Lamentations of The Flame Princess as OSR because of its mechanical and tonal breaks from TSR D&D, but it's the canary in the coal mine for me because:

1. it has "problematic content"

2. the grindhouse version was published under OGL but the current version isn't

3. it's very obviously B/X -derived

4. it's a "brand name" 

5. it is/was profitable

If WOTC doesn't sue Raggi then I'd wager the door is open for non-OGL retroclone. The caveat here is that LotFP doesn't have a bestiary, which is where WOTC claims most of its product identity. Sine Nomine also has a slew of profitable B/X-based games.

What should I do?

Download or buy all OGL content you've had wishlisted. Pirate or buy secondhand TSR D&D (WOTC doesn't deserve your money). Finish that content that's almost done or put it in the freezer. And wait. And fight on!