[SRD] How close can I skirt the line?

[Alzrius]

It's fairly common knowledge that what isn't in the SRD is as important as what is, such as terms like Tanar'ri, Baatezu, etc.

What I want to know is, if you wanted to put those terms back in your published d20 product, how much of a change is enough of a change to do so?

The example I point to here is in the Book of Erotic Fantasy. The Greater Succubus has a subtype listed as being "Demon". The Demon subtype apparently grants her immunity to electricity and poison, as well as resistance 10 to acid, cold, and fire. Not to mention telepathy, and oh, she can summon also. This is the Tanar'ri subtype with the name changed to the next-closest equivalent.

Now, this seems to be fair game, since WotC hasn't tried to have all copies of the BoEF destroyed (not for this anyway), so how far does it go? Could I put an infernal creature as having the "Devil" subtype with the same features as the Baatezu subtype? Since "eladrin" is in the SRD (in the summon monster tables), can I use that as a subtype that "just happens" to have the same qualities as that in the MM, despite it's not being used exactly that way in the SRD?

Thanks for the input on this.

 

[reanjr]

Since the rules for D&D are not patented, I'd have to say that, IMO, you probably can do this to your heart's content as far as OGL is concerned and the words Demon and Devil are not copyrightable. You may want to check the D20 logo requirements, though, as you may not be allowed to use the D20 logo in this case; I'm not sure, I've only read the D20 requirements once.

 

[Wycen]

I'll leave the legal mumbo jumbo to others and simply point out 2 links with which you can work.

http://www.wizards.com/d20/files/v35/MonstersD-De.rtf

http://www.wizards.com/d20/files/v35/TypesSubtypesAbilities.rtf

Within those 2 files you'll find all the information you need to make open content demonic succubi or devilish succubees. You would NOT want to use the terms Baatezu or Tanar'ri (or yugoloth).

 

[Kesh]

If you were to, say, create a monster with the same stats as a Mind Flayer but give it a different name and description, you'd technically be legal. However, Wizards might be able to say you just plagiarized their text out of the Monster Manual and sue for copyright infringement. Doesn't mean they'd win, but do you have the money to fight that legal battle?

Now, with something like a subtype, you're more likely to get by. Since they're usually just a collection of stats with an ECL modifier, it's hard to argue that you lifted it right out of the MM.

So, don't copy down the stats for a Balor and give it a new name & description. Make a creature with similar stats in your own words from scratch, using your own subtype if necessary.

 

[Dalamar]

And the Demon and Devil subtypes are in the SRD to replace the Tanar'ri and Baatezu subtypes, so there's nothing wrong with the greater succubus having the Demon subtype.

 

[JPL]

Are you really going to take legal advice from psuedononymous strangers over the Interweb?

 

[Alzrius]

Are you really going to take legal advice from psuedononymous strangers over the Interweb?

Honestly, yes. I've asked questions like this before here and always got timely and informative answers. Why should this time be any different?

Besides, I'm not going to pay a lawyer for this, especially since this has a special set of rules (in the OGL and d20 License) that cover it. Really, who else would I ask?

 

[Psion]

If you were to, say, create a monster with the same stats as a Mind Flayer but give it a different name and description, you'd technically be legal.

You mean like Cordell did in Hyperconsious?

 

[Vigilance]

I am not a lawyer.

However I believe all that WOTC wishes to protect is the names and concepts of certain monsters and creatures such as Baatzu, Mind Flayer and so forth.

If I ever had a question about a product I was intending to do, I would post something to the WOTC boards asking for Charles Ryan or Andrew Smith to give you their take (not sure if the WOOF works on all the boards or not).

They have been more than willing to provide me with information in the past, just be considerate of their time as they are both busy people.

However, I wouldnt try to skirt anything myself, I would ask if I was the least bit unsure.

Chuck

 

[Alzrius]

You mean like Cordell did in Hyperconsious?

Do we know that that was how it happened, or did he maybe get WotC's permission (which I imagine wouldn't be impossible, especially considering that he works there)?