John Kim wrote:

> 
> On Fri, 11 Jan 2002, Ryan S. Dancey wrote:
> 
>>Unapproved use of the term is a copyright infringement under the theory
>>of character copyright.  "Illithid" is one of the unique aspects of D&D
>>that was not lifted from PD stuff.  It has the same legal status as
>>"Jedi" or "Wookie".
>>
> 
>       Well, but I can legally use mind flayers in my adventure --
> right??  The concept of character copyright is that there exists a 
> large set of creative work which goes into creating a character, not 
> just a name.  For example, I could infringe upon Lucas' copyright 
> of Jedi knights even if I didn't use the term "Jedi".  
> 

You could, but it would be a lot harder.

"Order of space-knights with psi powers" is generic. Even dividing them 
into good and evil is -- check out the Lensmen series for the true 
ancestors of the Jedi.

But if you CALL them "Jedi" and "Sith" -- or something close, like 
"Hedji" and "Slith" -- you're treading on dangerous ground.

"Squid-headed psionic monsters" has a lot fewer antecedents than "space 
knights". If you don't step on WOTC's toes, you'll be stepping on 
Chaosiums. Calling them 'Illithid' really cuts too close.

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