----- Original Message -----
From: "Ryan S. Dancey" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Sunday, January 13, 2002 12:33 PM
Subject: RE: [Ogf-l] If Thoughts Could Kill - Illithid reference violation?


>
> You could equally theorize that since none of the abberations in the book
are humanoid, an abberation >cannot< be >humanoid. (Which would also be
false, but does proceed from the same logic.)  In fact, were I to find
myself in the witness >box, that's exactly what I'd argue:  Given the
description of a creature as an "abberation", you should reasonably expect a
>nonhuman monsterous creature as a result.  "Black-boxing" the "Mind Flayer"
should give you some kind of alien >monster, rather than the D&D Illithid.
>
> > However, I think it would be recognizably the same creature.
>
> If it was a octopus-headed humanoid, I'd call it infringing.
>
> Ryan

But all of the above applies irrespective of whether or not someone's using
the name Illithid or Mind Flayer to refer to the creature. It sounds like:

A)  If a non-WotC publisher includes a mind flayer in their book, does not
use the word illithid, and illustrates it with a picture that looks like a
human with Cthulhu's head then they're infringing.

B) If a non-WotC publisher includes a mind flayer in their book, calls it an
illithid, and illustrates it with a picture of a medium-size spider thing
with tentacles dangling from beneath it and has it belong to a Victorian
rigidly class-structured society they'd be okay.

Steven Palmer Peterson
www.Second-World-Simulations.com

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