dema,
There may very well be ways you can use the intellectual property to
create compatible works without violating Wizards of the Coast's
copyrights and trademarks. However, there is no safe harbor to do so
outside the OGL and d20 STL. Any other use is prone to get a nasty gram
sent to you by the lawyers of a very large corporation. You might even
get sued. If you can afford to fight a battle in court, and you know
you're legally in the right, then by all means, go be a test case. If
not, I strongly suggest you take the safe harbors created by the OGL and
d20 STL.
Adam Dray
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