A Necromancer Speaks

OSRIC is a topic that that comes up on this blog from time to time, because (A) I like the idea of the First Edition of the game I like being put back into action and (B) I'm concerned that what was done is risky and not particularly legal. It's these concerns that have kept me from commiting to a project compatible with OSRIC's little brother, Labyrinth Lord. Is it legal? That's the question.

To boil it down in a way that OSRIC creators are not allowed to say, the OSRIC document attempts to bring 1st Edition AD&D rules back into play. As long as you follow the OSRIC documents, the makers of said document claim, and print OSRIC Compatible on the cover, you can make and sell legal modules for eager 1st Edition fans looking for them.

I have mentioned in previous posts that some companies, such as Troll Lords, Goodman Games and KenzerCo, have have expressed concerns or have had employees do so. Recently, Necromancer Games has done the same over at Enworld. I'll post his comments here without any responses on my behalf.

His first post of Interest:

Orcus

I guarantee that Necromancer Games will give 4E a huge "first edition injection" David Lee Roth style whether it wants it or not... And we've got a big "first edition". You can see it in our spandex pants.

As for OSRIC, I love the idea but I have huge questions about its legality. Always have. I, for one, would never touch it with a ten foot pole. Or in old school speak, a 10' pole. But I understand the attraction. You're on your own. And that is no criticism of the guys who use it and will probably flame me for saying that. I know they are into it and believe in it and want it to succeed. And I respect that. But I still wouldnt touch it. So anyone who tells you OSRIC is clearly legal is, IMHO, looking at it with biased eyes because they want it to be. If you are going to use it, hire a lawyer.

Frankly, I think there will be a pretty significant niche of publishers who stay 3E and try to keep that segment alive.

We've chosen to embrace 4E, because that is just my philosophy. I started with the boxed set. When Blackmoor and GH came out, I used them. When Eldritch Wizardry came out and DDG, I used them. When the AD&D MM came out, ditto. Same with the PHB and DMG. Same with 2E. Same with 3E. I have always done it and always will. But my heart is firmly in the game experience I had with old school D&D. We want to bring old school goodness to the most current version of the rules. And I have every reason to believe we will be successful.

Clark

Clark PetersonNecromancer
Gameswww.necromancergames.com

In the thread, it isn't the OSRIC people who are asking for clarification, it's a poster going by the handle Valiant. Later, the two main OSRIC authors distance themselves from Valiant. The thread stays civil, and Valiant was friendly about it.

Pressed for reasons why he takes the stance he does, Orcus posted this:

Let me make one thing clear. I have never been asked to, nor have I ever given, legal advice to anyone other than my own company. I have made comments based on decisions I have made that people are free to take how they want. And, for myself, I have concluded the legality of the OSRIC materials is highly questionable. Another attorney could come to a different conclusion. This is a very complex issue.

TLG has NEVER asked me for any opinion on the matter, nor would I counsel them one way or the other. I would say: hire an attorney. I am not licensed in your state and I work for a competing company so there are all sorts of potential legal and ethical confilicts.

If you do want my reasons, I will gladly share them.

1. As stated above, I find the OSRIC to be of dubious legality. It has copyright violation writtten all over it, IMHO.

2. The fact that WotC hasnt acted is proof of absolutely nothing. It may mean that the potatos are too small right now for them to care. If you are hanging your hat on their inaction, that IMHO is a bad bad plan.

3. I dont buy into this "two tiered" approach to try to shield others from potential copyright issues. Granted, I appreciate the creativity of the approach. The OSRIC Compatible thing doesnt fly in my view. See below with my "Napster compatible" analogy.

Those are legal issues I see. Here are some practical/philosophical ones.

1. I dont want to play like that. Necro has had unprecedented access to WotC content. We have always been good caretakers of the content entrusted to us. Clearly, WotC wanted to open up 3E. Also clearly they do not want to open up 1E. So even if it was legal (which I doubt) I wouldnt want to be a part of it. I think the mutual respect that Necro and WotC has would be violated by the "end around" that OSRIC tries to do.

2. You just know it is wrong. Its like Napster. Sure, back in the day before the courts et all said you couldnt just share songs like that, we could at least kid ourselves that it was ok but we all knew we shouldnt be sharing songs for free. Maybe no one has done anything with OSRIC yet, but that doesnt make it any more ok--you are trying to indicate compatibility with a system the publisher has a long history of keeping closed, whether you like it or not. And, by way of analogy, I wouldnt put "Napster compatible" on my products either. You know they dont want 1E open. Heck, that is the whole reason for the d20 logo and OGL and d20 STL and the SRD.

3. Not worth the risk. Hey, maybe I am wrong. Maybe WotC doesnt care. But they arent issuing any advisory opinions on the matter and it isnt worht the risk. I dont care if I win or lose the law suit, I dont even want to be named in one. And let me tell you, neither do you. Oh, and as an aside, I take offense to the suggestion that I am "harming the 1E community" by saying this stuff.

Clark

Note: this is not legal advice, it is me explaining my opinion when asked. Do not rely on this. Hire your own attorney.

I'll let these comments stand on their own merits, but the entire thread can be found at Enworld.