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First off let me say i think this argument is ridiculous.Every fantasy novel ever written has been based on Tolkien's works,dungeons and dragons,wheel of time,the list goes on and on and the basis for Tolkien's work is popular mythology Tolkien no more created elves than he did dwarves or humans.you wont find mentin of hobbits in any book other than Tolkien's but you do find numerous mentions of halflings so i guess we should round all the authors of every fantasy book weve ever read and put them all on trial for borrowing others ideas and adapting them to suit their stories.
i would imagine that the designers of middle earth online had a pretty easy time of convincing tolkiens estate of the marketin potential of that game by showing them the number of tolkien based muds that are out there thus making their job alot easier.
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