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Subject: Re: Unauthorized use of Rebel books

Author: Russell Reagan

Date: 21:22:05 04/30/02

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On May 01, 2002 at 00:01:42, allan johnson wrote:

> Russell I found your response logical and persuasive.When I first read Jeroen's
> message I sympathised with him a great deal but after reading your rejoinder
> I've been convinced that he really shouldn't expect to own chess openings.
> Al

It's a difficult area. An opening book is basically a set of "instructions" just
like an executable program is. An executable program is really just a series of
numbers that act as instructions. I think that it requires a higher level of
understanding to infer copyright on a series of numbers. It is not the series of
numbers themselves that are copyrighted, but the higher level of the concept of
an "instruction" that is copyrighted. For example, you could take a program that
is copyrighted, and in 100 years when the hardware we use today doesn't even
exist, that set of instructions probably won't even work. So at that point those
series of numbers aren't even useful, but the instructions are still the
author's intellectual property. But then you can get into the debate over
whether the instructions are even the author's creation. The author used a
compiler that (in most cases) will create faster code than if the author had
written the binary instructions himself. Most people probably don't have enough
knowledge to write code that is as efficient as what a compiler produces at the
ASM level. I could probably write a chess program in ASM (although I'd hate
doing it), but it would probably be drastically slower than what a compiler
produces. So should the people who wrote the compiler have any claim to the set
of instructions? As I said, it's a tricky area.

I just think that trying to win this argument is silly. It's something that you
simply can't enforce, and even if you could, it's still up for debate what is
"right" and what is "wrong". Some people believe certain things are right and
wrong based on religious beliefs. The law of our governments often allows for
things that religion considers wrong. Abortion for example, or looking at
pornographic material. Government allows those things, but in a religious
context they would be considered wrong. If a tournament was held in a country
that did not recognize copyright laws, what then?

Russell



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