Author: Mike Hood
Date: 22:38:01 05/03/02
Go up one level in this thread
Thanks for your research, but I presume you received this legal advice from an American lawyer, so it's only valid for legal arguments in the USA. On May 03, 2002 at 17:13:59, Slater Wold wrote: >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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