Monsters and SRD


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Im just a consumer of d20 goods and don't make anything, so please bear with me when I say Im slightly confused. I thought I had seen examples of WotC/TSR creatures from previous editions being used in d20 games before they were deliberately added to the SRD or something like that. As an example, Rappan Athuk 2 (love that dungeon complex!) from Necromancer Games included a Death Knight and a Demi-lich long before the MM2 or ELH was on the market, and apparently nothing terrible happened to Necromancer. While obviously no one can use current, WotC-released 3E material that isnt OGC, what about monsters from previous editions that have yet to be converted?
 
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Well, that's up to Wizards to pursue any legal action if there is an infringement on their copyrights and trademarks. After all, if the acccuser can drop a criminal charge against the accused and not go to court, then that's his right.

Necromancer could claim that the Death Knight in their product is their creation, and built the creature from the ground up. (AFAIK, "death knight" is not a trademark).
 

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