There is a VERY simple way to solve the problem of "Am I infringing on 
WOTC's copyright/PI/trademark/turf/etc..

Write something new.  Now I know this sounds crazy, but ALL the arguments 
going on are based on the problems inherent in trying to write something 
that uses stuff someone ELSE made up.

Try being creative.  Make up a new race.  Offer us new stats.  Give us 
something we haven't already gotten from 16,000 other 
publishers/supplements/etc. .  If I want to play a game with DND Hobgoblins 
I'll buy a DND product.  If I want to use Mindflayers, I'll use DND 
mindflayers.

If however I want Wookies I'll play Star Wars.  If I want Hobbits I'll play 
LOTR. If I want "big A" Aliens I'll play aliens.  I don't need some d20 
publisher to rehash the same old stuff for me or even put a different name 
on it.

That isn't to say that I don't like classic genres.  I like Dragons.  I 
like "tall elves". BUT if all you are doing is trying to find a way to use 
something someone else made up then you are wasting my time and yours.

PS: And don't say that isn't the issue because it is.  The fact that the 
argument revolves around "Mindflayers" makes it VERY clear the issue is 
"How to use someone elses ideas for free."

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