"Well, if your work contained no illustrations where a
mind flayer looked anything like that as portrayed in
the MM, and if you didn't build on any cultural or
other background, as portrayed in the MM, I guess
you're in the clear."

Your purchasers dont have the SRD, they have the PHB
and MM. So they know what the monsters are all about.
I dont have to do a "portrayal". I'm not writing
fiction, I'm writing a game aid for people who have
the core products. Besides, you can build on any
background you want. They cant stop that. Mind Flayer
is open content. Build on it. Or is this just that you
are pissy that you cant say "Illithid" or however you
spell the stupid name.

"or it's just an unfortunate side-effect of having to
keep copyright value in the MM itself (which is
otherwise valueless, since it's completely copyable as
fully OGC"

The MM is not valueless. If it is then so is the PHB
and DMG. They have art, detail, good production
values. They are an attractive product.

You are free to take all the OGC and print it in a
book and call it "Fantasy Roleplaying" and put the d20
logo on it. But guess what, unless you have WotC's
distribution chain and art department that isnt going
to be a very popular product.

If you were right that the MM was valueless because it
was ogc then no one would be buying MMs--the content
is all on line, after all. Guess what, people still
buy MMs.

Clark

=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"

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