RE: [Ogf-l] If Thoughts Could Kill - Illithid reference violation?

[John Kim]

On Mon, 14 Jan 2002, Ryan S. Dancey wrote:
> We're talking about a >handful< of creatures, which really are unique
> creations by the old TSR design staff.  WotC has as much right (legally
> and ethically) to exploit that creativity in their own products
> exclusively as any other creative source does.  

        I don't see how this is true.  For example, "kobolds" is a 
term for a public domain faerie creature.  However, the D&D kobolds 
include a lot of ideas which are distinct from the faerie tale 
sources.  

        The principle which you have espoused is that if there is 
the slightest whiff of using WotC ideas in the description (such as 
a creature being vaguely anthropoid), then it is a violation of 
WotC's IP which they can sue me over.  So if I make a scenario where 
kobolds are engaged in a war of race-charged-hatred with a community 
of gnomes, then I have crossed the line because I have stolen WotC's 
proprietary idea that kobolds hate gnomes.  For that matter, I might 
just slip and mention that kobolds have tails in some description, 
which would equally well put me in lawsuit territory.  

 - John

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