Beholders, Mind Flayers, and Strahd von Zarovich Released Into Creative Commons (Kinda)

In the 5.1 SRD that just got released into the Creative Commons is a bunch of IP including Count Strahd von Zarovich, the Feywild, the Shadowfell, the City of Brass, Palace of Dispater, Street of Steel, Gate of Ashes, and the Sea of Fire. The beholder is also specifically referenced by name in the Deck of Illusions, and Mind Flayers and Slaad are also referenced--at least by name--repeatedly in the document.

Here's a link to the content released to CC.

WotC Backs Down: Original OGL To Be Left Untouched; Whole 5E Rules Released as Creative Commons

Hundreds of game publishers sigh in relief as, after extensive pressure exerted by the entire open gaming community, WotC has agreed to leave the original Open Gaming License untouched and put the whole of the 5E rules into Creative Commons. So, what's happened? The Open Gaming Licence v1.0a...

www.enworld.org

What does that mean? Under OGL v1.0a terms like this were generally designated as ‘Product Identity’ and were unavailable for use. The CC license has no such provision. This means that those using the OGL cannot (still) use terms designated as PI, but those using the CC can use the full content of the document released under it.

Only the names of these creatures and places are contained in the document--so you can't use Strahd's image or stat block or description, nor can you use those of the beholder, etc. But it does appear that you can refer to these items.

 

[Alzrius]

WOOFTA! That's a great find and solves the problem entirely!

Noone is at risk of losing their job, and none of this stuff actually enters the Creative Commons. Thank you FallenRX!

Is that actually the case, though? It protects trademarks, but copyright is something else entirely. I mean, I'm no IP lawyer, so I'm not sure how much that notice changes much of anything...it even says it recommends that creators expressly disclaim application of the license in that regard, which WotC didn't do.

 

[Whizbang Dustyboots]

Nedraz are time travellers, for one thing.

Didn't 3E's Lords of Madness make the illithid creatures from the end of time who travelled back to the present? Or was that the aboleths?

 

[Benjamin Olson]

Considering how hard Wizards has clung to their specific IP?

It won't influence my writing much if at all. But someone's probably going to get into trouble. Possibly fired.

While I guess it's possible someone was asked to check that there was no high priority, protectable IP that could be removed quickly and unobtrusively and they just did a fantastically terrible job, I think quickly CCing a basically untampered-with SRD was deemed a necessary olive branch, and whatever the costs to various bits of the protectable D&D IP were they were accepted as part of that.

So the firing crosshairs remain with the chuckleheads who started this whole imbroglio that put WotC in a position of giving a chunk of the store away to keep it all from burning down.

 

[Arakhor]

That's the illithids, yes. Super cool idea.

 

[Ondath]

Didn't 3E's Lords of Madness make the illithid creatures from the end of time who travelled back to the present? Or was that the aboleths?

That's the 2E sourcebook Illithiad, I think. Though I'm not sure, I need to check my books. I really like the idea that the Illithid empire as well as the gith revolt is in the future, but both sides just time travelled back to a time before it all to change the future.

 

[Steampunkette]

I think you know I was joking, but I just wanted to be safe and clarify.

It was loud and clear, yes. <3

Didn't 3E's Lords of Madness make the illithid creatures from the end of time who travelled back to the present? Or was that the aboleths?

That was Illithids.

The Nedraz of Paranormal Power, however, are ancient beyond measure. A group of snake people who so offended the gods that a cataclysm was brought down to wipe them out. To save themselves, some flung themselves forward in time, while others sequestered themselves in psionic crystals.

Those who cast themselves forward are the same people they were before flinging themselves. But the sequestered Nedraz experienced the passage of time, had children, aged, and died. More like a civilization in a bottle.

So in the modern day, two -very- different Nedraz cultures are emerging. One which has been imprisoned for generations beyond counting that has long since answered for it's crimes. One that simply avoided the consequences of their horrible actions and learned nothing from the lesson that was brought down upon their civilization...

At least that's the concept.

 

[Justice and Rule]

Yes, but I think it was quite possibly intentional. Just probably not the intent of the higher-ups who gave the OK.

Oh yeah, I'm guessing it was definitely intentional by someone. But like you say, probably not the guys who were previously trying to lay claim to "Owlbears" again.

 

[bedir than]

A lot of people should probably read up on what they can/can't do in cc-by 4.0. Because it doesn't mean what many here say it means.

You can reference a beholder, yes. That word can now exist in your product.

That's basically it.

 

[Jer]

Well, they do allow you to do a third party product that says "there are three red slaadi in this room (MM pg 274)," which is the most important part. The ability to reprint stats is a "nice to have," not a "must have." And it allows third party folks to stat up purple slaadi or what have you.

I'm not a lawyer by any stretch, but I'm pretty sure that you'd be allowed to do that with a CC-BY license anyway. The thing that prevented you from doing it under the OGL was the extra restrictions that Wizards put into using their Product Identity if you chose to use the license. Without those restrictions I think using a name and citing a book to find it in shouldn't be a problem - it's basically like citing a source in a book.

Choosing to release the game into the Creative Commons creates a whole new dynamic. It's going to take a while to feel things out but CC-BY is a much more permissive license than the OGL and some things that we have all been conditioned to believe are forbidden are actually fair game now.

 

[Reynard]

yuan-ti is on here too.
Descriptions too.

OOFFFFFFFFFFFF

How are yuan-ti protected anyway? Evil serpent people in human guise are almost the oldest trope in fantasy.