WotC’s RPG category manager talks to ICv2 about the decency clause. He claims that Anthony Valterra was actually in on the beginnings of the decision, that the Book of Vile Darkness will remain in print, and that indie publishers have no more to fear from this version of the license than from previous versions.
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Indie publishers and small print presses have every reason to fear especially if they invested in a book project, only to be told down the line that WotC cannot accept the book to be labelled “d20.” Either the indie publisher edit the book to comply with the Quality Standards or remake the book to make it a standalone game product carrying only the OGL (sans d20 logo). That will further incure more expenses and may result in lower profit margin for the small business. What is even worse, the Quality Standards of Deceny clause is a big vague on most parts, including the definition of Prejudiced material. This may take a big (although not huge) bite out of making modern-day sourcebooks for their d20 Modern ruleset. Agree or disagree with WotC’s enforcing the QSD, it now makes them liable.