At 01:44 AM 1/22/2002, Ryan Fisk wrote:
>I personally think that the only thing that WotC owns in regards to Mind >Flayers is the specific artistic representations (that being X pieces of >art),the specific text of write-ups of the Mind Flayer/Illithid (that being >Y occurrences in Z number of books), plus any relevant trademarks(Probably >Illithid, possibly Mind Flayer), not the idea of "octopus headed humanoid >with mental powers." At the very least there is sufficient prior art for >them not to be the owners. If anyone does it's the people who own the >rights to Cthulhu and I don't think they do either because it's an idea, not >a tangible representation. However IANAL (though I am seriously debating >becoming one) and all that :-P DC Comics does not own the concept of "ultrapowerful guy in tights". Likewise, they do not own all possible uses of the word "Superman", thus, the George Bernard Shaw play or a discussion of the works of Nieztche(sp) cannot be shut down. However, when you combine the name "superman" with the concept "ultrapowerful guy in tights", you are violating their copyright. If you put a big "S" on his chest, you're even more screwed. Likewise, the concepts of "Evil telepathic humanoid" and the image "tentacle headed humanoid" are not owned. But combine these with the term "Mind Flayer", or even worse with the term "Illithid", and you're definitely in the wrong. Especially when you're using the OGL, which places restrictions on you that ordinary copyright law does not. I, personally, disagree with the stance Ryan and WOTC have taken with regard to releasing the basic appearence of 'unique' monsters in the D&D pantheon. But disagreeing with how they chose to exercise their rights is different from disputing those rights. Oh, bloody hell. The following text may be considered "Pre-OGC". It will be OGC as soon as I can be bothered to find a copy of the license, attach it, and resend this message. Mind Flayers Society and Appearence The creatures known to surface dwellers as Mind Flayers call themselves "Thrakiim", which means, roughly, "Seeker" or "Inquirer". They are bizaare creatures, resembling a largish, albino quadruped whose body is roughly similair in form to a hairless lion. The head, though, is a long, lamprey-like organ, with a mouth ringed with four large tentacles. These tentacles subdivide into smaller tentacles which can serve as fingers, allowing the Thrakiim to be agile tool-users. The tools and weapons of the Thrakiim cannot be easily used by other beings; a -2 circumstance penalty is applied. Thrakiim communities are rarely found. They tend to exist in small bands of 4 to 10 individuals, each devoted to a particular branch of knowledge or research. Relentlessly curious, they prowl the dark places of the world, seeking out mysteries and enlightenment. Their habit of eating brains comes from this quest; they believe they can aquire knowledge by this process. They also engage in many forms of torture in order to extract information. When the Thrakiim decide you know something they wish to know, they will find you, catch you, extract all you know, and eat you. This leaves them rather unloved by other races. Nonetheless, they are sellers of knowledge as well as aquirers of it, and if you can bargain with them from a position of power, you may learn valuable secrets. It is rumoured that in the most secret places of the underworld, great Thrakiim universities, housing hundreds or thousands of Thrakiimm, exist. Anyone finding such a place could gain knowledge of things unknown for aeons --or die slowly and horribly. Or, most likely, both. Thrakiim are evidently gendered beings, but nothing is known of their mating habits and no one has dared ask. It is speculated they are egg-layers, and an intact Thrakiim egg would be worth an untold amount to certain guilds and powerful individuals. Because of their vast curiousity, Thrakiim with class levels may choose a single Knowledge skill of any sort as a class skill. This area of research will be an obsession for that individual. End OGC-to-be. Now, I wrote this in five minutes and it's cliched as all hell, but it proves the basic point -- anyone with a micron of imagination can come up with a society and culture based on the "Mind Flayer" stat block which owes nothing to WOTC IP (other than the basic stats themselves). And there's even story hooks there -- there's a lot of plots you can dredge from this description, and plenty of horror -- the cold, implacable, alien mentality driven solely by a desire to know, utterly uncaring about the pain it causes. They aren't sadists, they derive no pleasure from torture -- it's just the tool they use. The rumours of the 'universities' and the fell secrets locked within...anyone that can't build a decent adventure, or even a whole series of adventures from that should consider taking up another hobby. And I will bet almost everyone on this list can come up with their own 'Mind Flayers' with the same (trivial) effort. Hell, make it a contest. Post your own "Mind Flayer" appearence and society, 500 to 1000 words, all OGC, and we'll see if ENWorld will host it. _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
