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Subject: So I contacted a lawyer today, Jeroen............

Author: Slater Wold

Date: 14:13:59 05/03/02


First of all, I want to state that I do NOT support and/or condone the stealing
of others works for their own good.  If you want a good opening book, make your
own.  Jeroen spent a LOT of time perfecting his book, and it IS his work, not
anyone elses.  Don't be lazy.  Make your own.

HOWEVER, in every case, there are 2 sides.  Each side has their arguement, and
not always is someone clearly the winner of the arguement.  Remember, even the
most cold-blooded killers get a defense in court, and who wants to defend
someone who you KNOW is guilty?  Neverless, I take legal matters such as Robert
Hyatt takes math and science.  You post a thread that 432423 + 234325 is
somewhere around 66,000 and Hyatt's going to add them together, and give you an
ACTUAL figure.  That's all I am doing here, giving an ACTUAL figure.


The company I work for gives all its employees free legal representation.  While
not all legal procedings are covered, all questions/research over the phone are.
 I called a "company" lawyer a few days ago and presented him with Jeroen's
problem.  This is what he told me:

1.)  If Jeroen has *ever* gotten paid 1 penny from Rebel, the books are not his.
 If Ed or Christophe have ever bought him dinner, given him any kind of reward
and/or compensation, he has NO legal claim to his books.  This is a "for-hire"
copyright, and according to US and International copyright laws, if you are
compensated for something that recieves and/or is claimed under copyright laws,
the copyright is not that of the creator, rather the person who paid for the
work.

2.)  Because the books are sold as part of a "Chess Program" the book would
actual fall under the "Chess Program" copyright.  You cannot copyright 10 things
and sell them all under the same title.  They all must be copyrighted together.
In other words, works are protected under copyright.  NOT parts of work.

3.)  Only the code that generates chess moves are protected under copyright.
Not the actual moves that it plays.  Example:  If I can get Crafty to play every
single move that Rebel 4.0 will play, at the same ply, same speed, with the same
PV, but can do it with at least 40% different code, I am not in violation of any
copyright laws.  This is the same part of the law that makes it impossible for
me as a chess player, to get sued for copyright infrigment if I am caught using
a chess program in a REAL chess match (cheating).  Once again, only the code of
the program is covered under copyright laws, NOT the moves it makes.

4.)  Because the book is SOLD, it holds "free use".  Example:  Say I as a human,
were to study Jeroen's book for a year.  Can he sue me because I play his
opening lines in a REAL OTB game?  NO HE CANNOT.  Not even if there comes a day
where I have Jeroen's entire tournament book in my head.  Therefore, if I put
work into going through his books, and import them into my engine, there is no
copyright violation.  Because I am using knowledge that is readily available to
ANYONE who has bought the program, and importing them based on what the program
I bought is telling me, I have every right as a paying customer to use the
knowledge given to me by this program.

5.) It IS illegal to hack a computer program to extract ANY data that it would
never display on the screen.  Therefore, if I obtained Jeroen's book by hacking
the program and/or book format, I would be in violation of SEVERAL laws.
Including copyright laws.

And to boot:

6.)  Because Jeroen is an employee of Rebel, his actions and/or threats are a
direct reflection of the Rebel company.  Therefore, if Jeroen convinces the ICCA
to write a rule that says an opening book must be original, and there comes a
time where he claims someone is using his book, Jeroen and Rebel better be damn
sure they've copied it in an illegal way.  Cause calling someone out as a
cheater is slander, and it usually comes at a hefty price.


Like I said, I am not protecting anyone who may want, or who may have stole
Jeroen's work.  But it's not exactly "illegal".  If you don't want someone to
steal your lines, don't sell them.



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