> From: John Kim [mailto:[EMAIL PROTECTED]]
> 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. You've got to make a clearer distinction between public domain content and WotC "ideas" to make your argument stand up. The "idea" of an agressively xenophobic, psionics using, octopus-headed, humanoid creature called an "illithid" is an "idea" which can be copyrighted and defended. The idea of a "kobold war with gnomes" is in the public domain and cannot be. The former is a unique, nonderivative expression of a character. The latter is a common, easily duplicated idea that cannot be copyright. The "principle" I've espoused is that if you can't 2nd source a character from the public domain, you can't use the primary source without permission - that's neither unusual, nor unique to WotC. Conversely, you can't copyright an "idea", so you're more than free to come up with your own octopus-headed humanoids. They just can't be illithids. (Meaning that the closer you get to WotC's copyrighted illustrations of form and function, and the background material outlined in copyrighted WotC content, the closer you are to infringing WotC's copyrights). Substitute "big hairy humanoids" for "octopus headed humanoids", "wookies" for "illthids" and "Lucasfilm" for "WotC" and the statement remains true. If you create a race of peace-loving octopus-headed humanoids who were 2 feet tall, colored bright pink, called "squidlings", you wouldn't be infringing WotC's copyrights. Come up with a rabbit-headed humanoid that hates all non-rabbit-headed humanoids, called a "rabbithid" and you're not infringing WotC's copyrights. Ryan _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
