Voadam said:
The issue here is that Necomancer games had an agreement with WotC. I believe NG agreed to only do monsters that were not covered in existing WotC 3e products and that were not going to be developed in upcoming WotC products that were in production (with the exception of Orcus). NG dropped some critters from the book for this reason. WotC agreed not to do the monsters in ToH in upcoming products (with the exception of Orcus) at least for products that were in development at the time. Now it appears that Fiend Folio should have been covered by the agreement but has two dozen duplicate creatures in violation of the agreement.
Of course this analysis is based on second hand statements such as Clark has posted. I have not seen the actual agreement or been privy to the development of the FF.
Bingo - this is the issue.
NG went to WotC and essentially said, "we want to do conversions of old monsters, but we don't want to step on your toes. Here's a list of what we want to do."
WotC and NG "haggled" back and forth until they had a finalized list. The agreement seems to have been "NG gets to do X, Y, and Z, and WotC won't touch those - and WotC gets to do A, B, and C, and NG won't touch THOSE. Plus D and E (e.g., Orcus) will be done by both."
I don't know if there was a written agreement or not, but for WotC to say, "you can do these and we won't do them" - and then do them anyway - is bad form at best and breach of contract at worst.
THAT is the issue here... not that WotC can't do them because someone else didn't do them first, but rather that WotC told someone else, "go ahead and do them and we agree not to" - and then reneged and did them anyway. IOW, it's not a matter of "first to convert them" but a matter of WotC agreeing not to convert them... and they DON'T have a right to ignore such an agreement once made.
That's what's getting people - especially Clark - upset. Not that their conversions have been "re-done" by WotC... but that their conversions have been "re-done" by WotC
after WotC specifically promised them that they would not "re-do" them.
See the difference?
The "re-use of others' OGC" is another issue entirely and one that has admittedly sidetracked the thread... though somewhat related, since again, WotC said their policy was to eventually incorporate the "Best" stuff and they don't seem to be following through on that policy, either.
To me, this is a problem - not because I "hate WotC" but because I'm concerned - didn't Ryan Dancey say that the reason TSR died was because they stopped listening and just went ahead and did whatever they wanted? Is history repeating itself? Is WotC just plugging along with D&D and do whatever they want without regard for what's going on outside (the use of others' OGC, for example)? Are they going to "go back" on their word just because they decide it's convenient (in the FF/ToH overlap)?
My perception - and it may be wrong - is that WotC is falling into the same trap TSR did - they're flat-out not listening. I felt like WotC was paying attention to the community - including (and especially) the publishing community - in the early days of 3e under Ryan Dancey. For whatever reason, I feel that "involvement" with the community just isn't there - and I feel like the community is still trying to reach WotC, but they've "shut their ears" for the most part. I don't see WotC employees crusing the boards here like they used to. Whether that's due to their letting go of certain people, or a new "corporate mentality" since being acquired by Hasbro, or even that staff cuts have increased workload to the point of "we can't just listen anymore -we have real work to do," that is my perception.
It's a disappointment - because I don't want to see D&D hit the TSR-like death spiral again.

I *want* WotC to succeed - but I also think that in order to do that, they have to listen - and it just doesn't seem like they're listening.
--The Sigil