We could just say the Tolkien rule comes into effect after those on the list have gone - or did you mean people who aren't on the list, but are planning already? Perhaps we should extend the list to include those people, but let them be the last to do non-Tolkien related games?
Or those mods could just work a Tolkien-element into the game - we could be lenient about how integral to the theme it needed to be. I don't know what everyone else thinks, but my opinion was that the games didn't actually have to take place in Tolkien's Arda, but just have some connection to Tolkien. I designed the first game I modded in this way (it was set in California in 2020 or something, but the theme was a remake of the LoTR films).
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