The thing is, the OGL didn't cover IPs. That's why we don't have 3000 Baldur's Gate/Dragon Lance games right now. Those require a separate license to use from the OGL. Hasbro is attempting to monetize the background systems. While I agree that they should be able to monetize those, I see that as the same as licensing an engine, like Unreal Engine for a game, what they're doing is almost criminal.
Hi robertthebard.
The background systems can be protected as IP, just as much as anything else that can be shown to be an "original" idea.
So, an "elf" is not an original concept, per se ( based in European myth, with multiple fantasy renderings ), but a "DnD elf", as described in any WotC-owned material is an original IP that others should not reflect too closely in their own fantasy material.
IP law originated in technical invention and innovation ( I had to deal with it concerning early smart-phones and their software ) , but has expanded to all forms of "products of the mind", including design patents ( Apple has one for "rounded corners" in smartphones, for example ), and even business processes ( Amazon has a patent on "one-click" web shopping ).
Because IP is quite "squishy" in determining what is ( and is not ) genuinely worthy of protection, it tends to favour the rich businesses that can afford to apply for many patents or other protections, which can then be used to coerce smaller businesses and individuals, that could not afford to defend against legal actions.
I believe that many granted patents worldwide are actually bogus, because patent offices get paid to issue patents, so they have little incentive to disprove patent claims. Most patents seem to be overturned when challenged at patent offices, or when tested in court.
In the case of WotC, the original OGL will have granted certain rights to use and derive from the systems the OGL covered; and these rights may not be revokable after the fact ( depends on what the OGL itself says, I don't care to read it ). I'd like to think that no-one would have relied on the OGL if it could be trivially revoked.
Assuming the OGL persists, a game like Pathfinder would be unaffected, as it has branched away from subsequent WotC IP. However, any company that wants to produce content that tracks new WotC IP will be in a difficult position, as they will need to agree to the new terms.
In respect of your example of the Unreal Engine, I would guess that Epic have applied for patents on anything within the engine they consider to be unique ( Lumen and Nanite are probably just implementations of known ideas, but specific elements within the implementations may be new ), while the engine itself is protected by copyright law. You could code a new game engine yourself ( assuming you have the skills needed ) that is functionally similar to the Unreal Engine, and which would be entirely legal so long as you don't use Epic's code or Epic's legally protected ideas.
Nothing WotC are proposing is criminal, but it is certainly distasteful, as well as not really being in the interests of their customers.
