On Sat, 12 Jan 2002, Ryan S. Dancey wrote:
> John Kim wrote:
> > In the case here, I am *licensed* to use the original creation of
> > the four-tentacled, brain-extracting, psionic, lawful evil
> > creatures. The only issue is what name I attach to it.
>
> You are so licensed, but take a look at what you're actually given to use.
[...]
> In other words, if you took an artist an gave them the Mind-Flayer
> description from the SRD, I don't believe you'd ever get the
> "Ilithid" creature depicted visually in the Monster Manual, much less
> the detailed society and background from the MM and the Illithiad.
I agree with that. There would be clear similarities such
that they would easily be identified as the same creature -- but there
would be differences in the details. (see below on what those details
would be) If a publication used many such details which demonstrated
use of substantial text beyond the SRD, then I would agree that they
would be open for copyright infringement on the grounds of
character copyright.
What I was commenting on was the claim that use of the
name "illithid" constituted a copyright violation. Names cannot
be copyrighted. For there to be a case for copyright violation
there would have to be clear use of details from the Illithiad,
not just the name.
-*-*-*-
>
> The creature is an abberation (so you have no idea what it looks like).
> You know it has four tentacles, around it mouth. You don't know
> anything else about it >from the SRD<.
>
> You don't know that it's humanoid. You don't know anything about
> it's society. You can assume from it's INT score that it is very
> intelligent, but the only language it speaks is Undercommon.
I disagree here. There is a host of other information in
the SRD. They appear in "inquisitions" of 3-5 or "cults" of 3-5
plus 6-10 grimlocks. They also lead larger "cults" of 10-80
grimlocks, which is unsurprising given their high Charisma and
abilities of charm monster, detect thoughts, and suggestion.
Their two social skills are Bluff and Intimidate, both at
medium-high levels. They are lawful in alignment.
They advance by character class, which is exclusively a trait
of humanoid & human-shaped creatures elsewhere in the SRD. The only
other aberration in the SRD which advances by character class is the
Drider, which appears to be some mix of spider and drow elf.
An original creation which extrapolates from this may
differ somewhat from the Monster Manual, and I would guess
will differ majorly from the Illithiad, (which I have never seen).
However, I think it would be recognizably the same creature.
- John
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