Author: David Dory
Date: 19:45:06 05/04/02
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>On May 03, 2002 at 17:13:59, Slater Wold wrote: >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. I'd consult with a *copyright* lawyer, not this one! The opening book is probably licensed - not sold, and the copyright holder would be a matter of fact that the court would clarify before any rulings. It would not automatically become Ed's copyright because he paid Jeroen a fee. It is subject to the terms & conditions of the agreement between Ed and Jeroen, and applicable law in their country. Jeroen's status as an employee of Ed's or an independent contractor would be decided in the same manner. Rebel probably also is licensed - not sold. What you thought was a "purchase" actually was a "license to use" fee. That use is subject to the provisions of the stated license. This would be consistent with most software. Fritz7 is licensed, for instance. You NEVER "bought" it. You bought the right to USE it within the restrictions of the license agreement. It is irrelevant whether the opening book is considered "one" with Rebel, Tiger, or both, or neither. Makes no difference, as long as the opening book is covered by a license agreement with the user's (either derivatively through the engine's license, or directly). Neither does it matter how many engines sign up to obtain the license for the book's use. It IS very true that the moves produced could not be covered under any copyright. Reverse engineering is generally prohibited by software licensing agreements, however, the courts in the U.S. have held that in some _special_ cases, it IS legal. Rookie lawyers, schiisch! David
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