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Subject: Re: On avoiding Gothic Chess licensing problems

Author: Ed Trice

Date: 06:00:00 06/19/04

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>
>Thanks for the link.  I see the opening position is different and I understand
>what you say about the undefended i pawn etc.  This clearly drives different
>strategical considerations, especially in the opening.  But when you say the
>"method of playing" is different is I still have trouble.  I think of the method
>of playing being: put the pieces on the board, a bishop moves like this, an
>archbishop like that, to capture an enemy piece....  In that context the method
>of playing (other than where you initially put the pieces) looks pretty
>identical to me.

"Method" is again one of those everyday words that has a very specific meaning
to an attorney in the practice of patent law. Try to think of the context of the
board game Monopoly. We all know that it is a very popular board game. How come
many different companies do not produce it then? Because it is intellectual
property whose METHOD OF PLAY has been protected.

In my case, the method is critically dependent on the initial position. As a
result, certain things (such as castling, King's Indian setups, etc.) are still
quite normal, but here too there are differences (the king moves 3 squares to
castle for example). The method does not "spill over" and blanket every such
move as being "uniquely Gothic" such as the way Bishops move, or Rooks, etc.

In short: try not to get caught in the trap of mixing vernacular terms with
legal ones and constructing a mental Venn Diagram of their meaning.

>Not trying to be obtuse, just trying to understand.  You have weathered a lot of
>hostile fire and I give you credit for that.  I also wish you success in your
>venture.
>
>One last question (and I may have missed the answer to elsewhere in the thread)
>and I'll leave you in peace.  If someone writes a "purely" Capablanca chess
>engine that allows the user to set up an arbitrary position (a setboard command)
>is that a violation of your patent?
>

Anyone who is interested in a serious answer because they are going to write
such a program should contact me and schedule some conference call time with
myself as well as my attorney. I cannot post something here then have someone
try and identify a loophole. I am sure you agree there has been too much posted
here by armchair attorneys who just love being argumentative who likewise have
very little interest in actually coding anything.



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