In a message dated 9/28/00 10:55:30 AM Pacific Daylight Time, 
[EMAIL PROTECTED] writes:

<< .the entire Dungeons and Dragons line is not
 original, and would 'fail' under the online policy.  D&D was based in part
 on J.R.R. Tolkien's series. >>

  Basing an original work on another is not a violation of copyright. Ideas 
cannot enjoy copyright protection (patents and trademarks are a separate 
issue); only the expression of those ideas can enjoy copyright protection. 
Had D&D included portions of text from Lord of the RIngs or some other such, 
then there may be grounds for copyright infringement. But simply including 
"orcs" and "elves" in a "fantasy setting" does not in itself constitute a 
derivative work.

  Mark Arsenault
  President, Gold Rush Entertainment, Inc.
  >> but not a lawyer <<
  (Gilded Crest | Golden Pillar Publishing | Gold Rush Games)
  PO Box 2531 Elk Grove, CA 95759 | http://www.goldrushg.com
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For more information, please link to www.opengamingfoundation.org

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