I know the mindflayer, and a couple others, but is there a list?
Displacer beast
Beholder
Hobbit
Slaadi and all of their different flavors.
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Slaadi and all of their different flavors.
Cesar, Waldorf, Cobb, etc?? ;-)
I think Abishai are banned, as are Umber Hulks, and Githyanki. The easiest way to find out is to go the the 3.5 srd (http://www.d20srd.org/) and compare what's there to what's in the Bestiary 1. I think that would cover most if not all of them.
Githzerai and probably Giff (hippo people). Probably a ton of the random monsters (I'm looking at you, Fiend Folio and Monster Manual 2).
As far as I know, everything in Monster Manual 3 and later isn't Open Content. Most of Monster Manual 2 isn't Open, but 2 monsters in the back are.
Most of Monster Manual 1 is Open, with a few exceptions: beholders, mind flayers/illithids, carrion crawlers, both types of gith, umber hulks, yuan-ti, gauth, displacer beasts, and slaad. While the actual monsters are Open, the terms tanar'ri and baatezu are not.
It would be far easier to make a list of those monsters that are Open Content than try and list all those that aren't.
The answer to your question is simple.
Go look up the original WOTC SRD at d20srd.org. If you don't find the monster in question in it's listing, than it's not open content.
The answer to your question is simple.
Go look up the original WOTC SRD at d20srd.org. If you don't find the monster in question in it's listing, than it's not open content.
Another source of open content D&D monsters is an old d20 book called The Tome of Horrors. The publishers of that book reached an agreement with WotC that allowed them to convert a variety of monsters from earlier editions of D&D into 3rd edition compatible versions. Paizo and other 3rd party publishers have made extensive use of that book as a source for many monsters in Pathfinder and other games derived from 3rd edition D&D.