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

Author: Slater Wold

Date: 22:56:17 05/03/02

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On May 04, 2002 at 01:38:01, Mike Hood wrote:

>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.

From the copyright office:

"The United States has copyright relations with more than 100 countries
throughout the world, and as a result of these agreements, we honor each other's
citizens' copyrights. However, the United States does not have such copyright
relationships with every country. For a listing of countries and the nature of
their copyright relations with the United States, see Circular 38a,
International Copyright Relations of the United States ."

This applies to where Ed lives, Christophe lives, and where Noomen lives.

>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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