On Mon, 14 Jan 2002, Ryan S. Dancey wrote:
> > 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.
>
> 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 "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.
This is seriously misleading. Just because something is in
the public domain does *not* mean that you are safe from lawsuit or
that no IP exists. For example, the historical events and characters
from _Amistad_ are in the public domain, but the film makers were
still open to being sued for stealing ideas about those characters.
By the same token, the book "The Wizard of Oz" is in the public
domain -- but the MGM movie version is copyrighted. MGM can and
will prosecute violations of their IP in this regard.
You cannot simply look at the name of something and say,
"Hey, that's public domain" and use whatever you want. I don't
think you meant to say this, but that is what your statement
implies. Kobolds as reddish-brown reptilian humanoids with tails,
yapping voices that speak draconic, a hatred for gnomes, a love of
traps, and so forth are perfectly open to copyright as much as any
other fictional creation. You don't need a coined name like "wookie"
or "illithid" for something to be eligible for copyright.
- John
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