>From: Doug Meerschaert <[EMAIL PROTECTED]>
>Curtis Bennett wrote:
>>For example, could I create a Shadow Dragon?

>You're asking two questions, really.
>
>1:) "Can I re-create the 2e Shadow Dragon and release it under the OGL?"
>Well, the answer is "maybe."  If you want to, go ahead and convert it, send 
>it to the Creature Catalog if you like, and even slap the OGL on it.

No way.  The answer is no.  You cannot recreate a 2E monster and then 
release it as OGL.

You *can* make a "shadow dragon", but if the specific characteristics of its 
combat and such show that it is derivative of the 2E shadow dragon, you have 
committed a copyright violation.

You have LEFT the safe harbour.

Doug, have you been smoking crack again?  You KNOW you can't do this.

>Once again, the Safe Harbor keeps you from worrying of WotC will come and 
>take your house away.  All the money and work you've spent on the Shadow 
>Dragon, sure.  But not your house.

No, but if someone took your OGC and USED IT in a published product, which 
they then lost the rights to use because of your irresponsibility, THEY 
could come and take the house.

Please, everyone understand this perfectly clearly:

YOU CANNOT BASE ANY WORK OFF OF PRIVATELY HELD IP AND THEN RELEASE IT AS 
OGC!!!

>Just remember--I am not a lawyer, or a game professional.  Please
>remember this when taking my advice.  Sometimes I make sense, sometimes I'm 
>completely off the wall and give advice that could cause you to lose the 
>aforementioned house.

Nothing personal Doug, man, but this is one of your off-days.

>For heaven's sake, get another opinion besides mine!

Agreed.

>>2:) "Can I create a new 'Shadow Dragon' creature based off of the Dragon 
>>and the Shadow in the SRD."
>
>Sure.  Don't try and claim the name "Shadow Dragon" as PI or trademark, and 
>you'll do fine for OGC.

The answer is yes, but make sure it does not look TOO MUCH like a 2E Shadow 
Dragon (and the "too much" line is *really fuzzy*).  FOEX if the name were 
the same AND the breath weapon effects were identical, you have probably 
crossed the line.

Dave

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