Squid men - Downloaded from the Wizards Community, all coding removed by Solauren

Squid men

Post/Author/DateTime Post
#1
pantomime
Jun 17, 2008 21:39:11 I did not see beholders or Mind flayers in the gsl. What if some one had a race of squid men that did not suck the brains out of people, and functioned entirely different, only sharing the fact that they are humanoid creatures with tenticles on there face? Like wise for a civilization of floating heads.
#2
epochgames
Jun 17, 2008 21:49:36
I did not see beholders or Mind flayers in the gsl. What if some one had a race of squid men that did not suck the brains out of people, and functioned entirely different, only sharing the fact that they are humanoid creatures with tenticles on there face? Like was for a civilization of floating heads.

What about it? There would be nothing in the SRD/GSL preventing someone from publishing that under the GSL.
#3
pantomime
Jun 17, 2008 22:39:13 Thats what I wantes to know. I appreciate the fast response. I thought there was an issue with they're use in 3.0 .
#4
epochgames
Jun 17, 2008 23:23:57
Thats what I wantes to know. I appreciate the fast response. I thought there was an issue with they're use in 3.0 .

I'm not sure what problem there might have been, other than with using another race's particular name, description, or abilities. In the realm of creative license, having tentacles on the face is no different than wings on the back, horns on the head, claws on the hands, etc.
#5
rhialto
Jun 18, 2008 1:31:47 As I understand it, such squid-men would be within the terms of the licence... right up until WotC gets round to publishing tehir own "squid-men", at which point it would retroactively violate the licence.
#6
samwise
Jun 18, 2008 3:11:26
As I understand it, such squid-men would be within the terms of the licence... right up until WotC gets round to publishing tehir own "squid-men", at which point it would retroactively violate the licence.

Not even that.
Make your squid men that look way too similar to mind flayers, or your floating beach ball creatures that look like beholders.
Then WotC just cancels your GSL, no reason needed, and you have to destroy your entire stock immediately.
#7
emwasick
Jun 18, 2008 3:21:51
Not even that.
Make your squid men that look way too similar to mind flayers, or your floating beach ball creatures that look like beholders.
Then WotC just cancels your GSL, no reason needed, and you have to destroy your entire stock immediately.

I would trust Samwise's interpretation more than the rest here. Anyone planning on skirting around the terms of the license should talk to a lawyer rather than a message board. If a message board is all you can afford, you probably should just play it safe.
#8
pantomime
Jun 18, 2008 21:33:37 I was actually looking for a staff members response, since I think they would know more then a lawyer having written the thing. In any case this warrents further investigation. Thanks for the reply however.
#9
leaderdesslok
Jun 18, 2008 22:18:03 If you are a fan of the new Doctor Who series, you might remember a couple of episodes where he took on Satan (really!). These episodes featured a slave race known as the Ood, and I'll be damned if these guys were not the spitting image of the mind flayers of D&D. If you were to stat them out in 4E terms, though, they would be completely different from the mind flayers we know and love.

I think this is really the crux of the argument, and it does require an official answer from a WotC rep.
#10
samwise
Jun 18, 2008 23:24:26
If you are a fan of the new Doctor Who series, you might remember a couple of episodes where he took on Satan (really!). These episodes featured a slave race known as the Ood, and I'll be damned if these guys were not the spitting image of the mind flayers of D&D. If you were to stat them out in 4E terms, though, they would be completely different from the mind flayers we know and love.

It would also requre an official answer from a Dr. Who rep, as you would then be making a game based on their IP.
#11
leaderdesslok
Jun 19, 2008 9:53:42
It would also requre an official answer from a Dr. Who rep, as you would then be making a game based on their IP.

Yep, but I'm just using that for the sake of example. The point is that there are critters created by different people for completely different reasons that look and "feel" similar.
#12
pantomime
Nov 10, 2008 9:11:59 Bump, hopefully I can get a definitive answer.
#13
Qube
Nov 10, 2008 11:42:34 Don't forget Pirates of the Carabien ... Davy Jones ? wanna be mind flayer.

Also, I think mindflayers are based on Cthulhu. Squidy overlord masterminds using a strange form of magic? Yup, sounds right up cthulhu's non-euclidian ally
#14
argent_mantle
Nov 11, 2008 18:40:06
Bump, hopefully I can get a definitive answer.

Alright, you will most likely NOT get a definitive answer from staff for a couple of reasons.

1) If a member of WotC's staff gave you legal advice in regards to the GSL, and it turned out to be wrong; you might have some sort of legal defense against an IP infringement. They might be gracious enough, like Linae did once, to point out that you are grossly infringing before they send you a C&D letter.
2) WotC employs and retains a legal team, they pay a wage to those attorneys to advise them, not you. Hate to say it like that, but it's true.

The most important thing in this matter is if you are planning on earning anything more than a few dimes off publishing consult a lawyer regarding the GSL. If you are in need of the name of IP lawyer for a consultation, I would be happy to furnish you with a couple of names.

In 3.x, some of the more D&D only monsters were not considered OGL, they were part of Wizard's IP (Beholder, Mindflayer, Githyanki...). They showed up in the Monster Manual, but not the SRD.

IANAL, but realistically if you make a squid-headed race that varies from the mind-flayer, you should be okay. If by chance WotC does create a squid-headed race with the same name as yours, you are compelled by contractual obligation to remove (or change) it from your electronic works and destroy your stock of physical products that violate the GSL.

If you cast your shadow a little too far into WotC's idea of what a Mind-Flayer or Beholder looks like, how they act, or their abilities; you do run the risk of them revoking your GSL. As of right now though, we have seen no outcry from anyone even so much as getting a C&D letter; more or less getting their license revoked. Most likely they will react reasonably, but CONSULT A LAWYER and you won't even have to worry about that.
#15
fragsie
Nov 11, 2008 19:49:45 A little off topic here (not about the GSL), but still squid men, i've created a squiddy race thought you might be interested in taking a look [thread=1108989]here[/thread].

Post/Author/DateTime	Post
#1 pantomime Jun 17, 2008 21:39:11	I did not see beholders or Mind flayers in the gsl. What if some one had a race of squid men that did not suck the brains out of people, and functioned entirely different, only sharing the fact that they are humanoid creatures with tenticles on there face? Like wise for a civilization of floating heads.
#2 epochgames Jun 17, 2008 21:49:36	I did not see beholders or Mind flayers in the gsl. What if some one had a race of squid men that did not suck the brains out of people, and functioned entirely different, only sharing the fact that they are humanoid creatures with tenticles on there face? Like was for a civilization of floating heads. What about it? There would be nothing in the SRD/GSL preventing someone from publishing that under the GSL.
#3 pantomime Jun 17, 2008 22:39:13	Thats what I wantes to know. I appreciate the fast response. I thought there was an issue with they're use in 3.0 .
#4 epochgames Jun 17, 2008 23:23:57	Thats what I wantes to know. I appreciate the fast response. I thought there was an issue with they're use in 3.0 . I'm not sure what problem there might have been, other than with using another race's particular name, description, or abilities. In the realm of creative license, having tentacles on the face is no different than wings on the back, horns on the head, claws on the hands, etc.
#5 rhialto Jun 18, 2008 1:31:47	As I understand it, such squid-men would be within the terms of the licence... right up until WotC gets round to publishing tehir own "squid-men", at which point it would retroactively violate the licence.
#6 samwise Jun 18, 2008 3:11:26	As I understand it, such squid-men would be within the terms of the licence... right up until WotC gets round to publishing tehir own "squid-men", at which point it would retroactively violate the licence. Not even that. Make your squid men that look way too similar to mind flayers, or your floating beach ball creatures that look like beholders. Then WotC just cancels your GSL, no reason needed, and you have to destroy your entire stock immediately.
#7 emwasick Jun 18, 2008 3:21:51	Not even that. Make your squid men that look way too similar to mind flayers, or your floating beach ball creatures that look like beholders. Then WotC just cancels your GSL, no reason needed, and you have to destroy your entire stock immediately. I would trust Samwise's interpretation more than the rest here. Anyone planning on skirting around the terms of the license should talk to a lawyer rather than a message board. If a message board is all you can afford, you probably should just play it safe.
#8 pantomime Jun 18, 2008 21:33:37	I was actually looking for a staff members response, since I think they would know more then a lawyer having written the thing. In any case this warrents further investigation. Thanks for the reply however.
#9 leaderdesslok Jun 18, 2008 22:18:03	If you are a fan of the new Doctor Who series, you might remember a couple of episodes where he took on Satan (really!). These episodes featured a slave race known as the Ood, and I'll be damned if these guys were not the spitting image of the mind flayers of D&D. If you were to stat them out in 4E terms, though, they would be completely different from the mind flayers we know and love. I think this is really the crux of the argument, and it does require an official answer from a WotC rep.
#10 samwise Jun 18, 2008 23:24:26	If you are a fan of the new Doctor Who series, you might remember a couple of episodes where he took on Satan (really!). These episodes featured a slave race known as the Ood, and I'll be damned if these guys were not the spitting image of the mind flayers of D&D. If you were to stat them out in 4E terms, though, they would be completely different from the mind flayers we know and love. It would also requre an official answer from a Dr. Who rep, as you would then be making a game based on their IP.
#11 leaderdesslok Jun 19, 2008 9:53:42	It would also requre an official answer from a Dr. Who rep, as you would then be making a game based on their IP. Yep, but I'm just using that for the sake of example. The point is that there are critters created by different people for completely different reasons that look and "feel" similar.
#12 pantomime Nov 10, 2008 9:11:59	Bump, hopefully I can get a definitive answer.
#13 Qube Nov 10, 2008 11:42:34	Don't forget Pirates of the Carabien ... Davy Jones ? wanna be mind flayer. Also, I think mindflayers are based on Cthulhu. Squidy overlord masterminds using a strange form of magic? Yup, sounds right up cthulhu's non-euclidian ally
#14 argent_mantle Nov 11, 2008 18:40:06	Bump, hopefully I can get a definitive answer. Alright, you will most likely NOT get a definitive answer from staff for a couple of reasons. 1) If a member of WotC's staff gave you legal advice in regards to the GSL, and it turned out to be wrong; you might have some sort of legal defense against an IP infringement. They might be gracious enough, like Linae did once, to point out that you are grossly infringing before they send you a C&D letter. 2) WotC employs and retains a legal team, they pay a wage to those attorneys to advise them, not you. Hate to say it like that, but it's true. The most important thing in this matter is if you are planning on earning anything more than a few dimes off publishing consult a lawyer regarding the GSL. If you are in need of the name of IP lawyer for a consultation, I would be happy to furnish you with a couple of names. In 3.x, some of the more D&D only monsters were not considered OGL, they were part of Wizard's IP (Beholder, Mindflayer, Githyanki...). They showed up in the Monster Manual, but not the SRD. IANAL, but realistically if you make a squid-headed race that varies from the mind-flayer, you should be okay. If by chance WotC does create a squid-headed race with the same name as yours, you are compelled by contractual obligation to remove (or change) it from your electronic works and destroy your stock of physical products that violate the GSL. If you cast your shadow a little too far into WotC's idea of what a Mind-Flayer or Beholder looks like, how they act, or their abilities; you do run the risk of them revoking your GSL. As of right now though, we have seen no outcry from anyone even so much as getting a C&D letter; more or less getting their license revoked. Most likely they will react reasonably, but CONSULT A LAWYER and you won't even have to worry about that.
#15 fragsie Nov 11, 2008 19:49:45	A little off topic here (not about the GSL), but still squid men, i've created a squiddy race thought you might be interested in taking a look [thread=1108989]here[/thread].