Quote Originally Posted by bunsen_h View Post
There's a "fair use" element in play. Marvel didn't kick up a fuss over Dave Sim's introduction of the "Wolverroach" parody character in Cerebus until the character's third appearance. They were willing to pass off the first two as satire, but after that, they felt that the character was infringing on their trademarks.
That's exactly what I mean. The Mind Flayer was there for three strips for a gag of the comic being taken down for copyright infringement, while Sunny is a major character who is intended to play a major part in the final book. That's why I believe the Giant was given an agreement by WotC to add a beholder as a major character, with maybe some restrictions to avoid making it seem like beholders are free use (not directly stating Sunny is one, the number of eyes difference, stuff like that).