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Subject: Re: Unauthorized use of Rebel books

Author: Robert Hyatt

Date: 09:40:24 05/01/02

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On May 01, 2002 at 04:33:17, Slater Wold wrote:

>On May 01, 2002 at 00:46:03, Robert Hyatt wrote:
>
>>On April 30, 2002 at 23:38:18, Slater Wold wrote:
>>
>>>On April 30, 2002 at 23:27:47, Robert Hyatt wrote:
>>>
>>>>On April 30, 2002 at 16:31:01, Peter McKenzie wrote:
>>>>
>>>>>On April 30, 2002 at 16:01:33, Slater Wold wrote:
>>>>>
>>>>>>On April 30, 2002 at 14:42:50, Jeroen Noomen wrote:
>>>>>>
>>>>>>>During the last 6 - 12 months I have noticed a trend that there are very clear
>>>>>>>indications that non-commercial programmers of chess programs make use of (parts
>>>>>>>of) commercially available books. As I was in Maastricht during the WMCCC in
>>>>>>>2001, lots of speculations and complaints were heard about this topic.  From
>>>>>>>several sources I know that also the Rebel books have been ?hacked? by people (I
>>>>>>>will not mention their names, I am sure they know themselves whom I am talking
>>>>>>>about). As the Rebel books are my lifework I want to put a very clear statement
>>>>>>>in this forum.
>>>>>>>
>>>>>>>The Rebel books have been developped by me during a period of almost 14 years.
>>>>>>>Not only is it handmade, it also contains lots of stuff you will not find in
>>>>>>>other books. In the past it has happenend a few times that chess programs were
>>>>>>>caught as not being made by the programmer himself. Examples are Quick Step back
>>>>>>>in 1989, Greif, the several Crafty clones. As we can see from todays rules by
>>>>>>>the ICCA, such programs are not tolerated anymore. And in my view this is fully
>>>>>>>correct.
>>>>>>>
>>>>>>>Jeroen Noomen
>>>>>>>Bookauthor for Rebel and Chess Tiger
>>>>>>
>>>>>>I can understand your frustration.  You've worked just as hard as Ed or
>>>>>>Christophe on Rebel/Tiger.  No doubt your books add a considerable amount of Elo
>>>>>>to these programs, and I am sure Ed and Christophe are very appreciative of
>>>>>>that.
>>>>>>
>>>>>>However, I must warn you that laying claim to a series of chess opening moves is
>>>>>>not going to be easy to defend.  You cannot copyright moves in chess, as you
>>>>>>cannot copyright dance moves.  While you can copyright a mvs book, you are
>>>>>>actually only copyrighting the format.  Again, you cannot copyright chess moves.
>>>>>
>>>>>This isn't a copyright issue, its not even a legal issue in the traditional
>>>>>sense.  It is about the rules for a particular competition, namely the ICCA
>>>>>World Computer Chess Championship.  If the rules say that you can't use someone
>>>>>elses book in the tournament (and its not even clear that they do say this),
>>>>>then you can't use someone elses book regardless of what copyright says.
>>>>>
>>>>>Of course ICCA can't send you to jail if you break their rules :-)  But they can
>>>>>chuck you out of their tournament.
>>>>>
>>>>>
>>>>
>>>>
>>>>
>>>>Actually copyright law _does_ apply.  You can't copyright a single chess
>>>>game, period.  But you _can_ copyright a "collection" of games, because the
>>>>work expended to "collect" the games is something that copyright law
>>>>protects.  It is very clear in this regard.  IE you can't copyright a
>>>>single word, or a definition of a word.  But you can copyright a collection
>>>>of words/definitions (called a dictionary of course) quite easily and
>>>>correctly.
>>>
>>>Like I said earlier, a single line, a single move, none of that can be
>>>copyrighted.
>>>
>>>And you cannot copyright a "collection" of games.  For example, say someone
>>>published a book (actual paperback book) with 300 Fischer games (no comments,
>>>nothing.  Just the games.) and was selling this book for $50.  And then someone
>>>else came along and published a book with the same exact 300 games, (in a
>>>different cover and style) for $25.  There is *NOTHING* that first person can
>>>do.  The Fischer games do NOT belong to him.
>>
>>Sorry, but this is wrong.  IE I can _definitely_ copyright a collection such
>>as "Fischer's games where he used the theme 'xxxxx' to break through".  All
>>that copyright law requires is that I do some sort of "work" in putting the
>>collection together.  Just filtering all of Fischer's games won't fly.  But
>>"Fischer's 100 greatest games" is definitely copyrightable as that is a subset
>>of all the games he played and it required work/effort on my part to extract
>>just the games I thought important or related...
>
>No!  Not at all!  Things that cannot be copyrighted, straight from the copyright
>office:
>
>"Works consisting entirely of information that is common property and containing
>no original authorship (for example: standard calendars, height and weight
>charts, tape measures and rulers, and lists or tables taken from public
>documents or other common sources)"

You answer your own question however.  If it takes _work_ to sort thru tons
of stuff and pick bits and pieces in a unique way, then that _work_ is subject
to copyright laws.  At least two different copyright/patent attorneys have
come to this conclusion in presentations they have made to the university here.

Otherwise you could not copyright programs since the statements are "charts,
lists, tables, etc...".



>
>Those games are COMMON PROPERTY.  Just publishing the games, you are publishing
>common property.  Like I said, if you insert some kind of analysis, or comments,
>THOSE are protected by copyright laws, and ONLY those.  And ONLY the "original
>authorship" is covered.  You could write the SAME exact book, with the SAME
>exact games, with new/different analysis and you would NOT be breaking ANY laws.


In the case in point, this is all moot anyway.  Jeroen _has_ added his analysis,
his "indicators" as to "play or don't play this move" and so forth.  That is
also copyrightable and means that stealing his work is a no-no.




>
>>Again, this is just like a dictionary.  _nobody_ can copyright a word or list
>>of words.  Nor a definition for a word.  But a collection of words that takes
>>work to put together is certainly copyrightable...
>
>And again, from the copyright office:
>
>"Copyright protects only the particular manner of an author?s expression in
>literary, artistic, or musical form. Copyright protection does not extend to
>names, titles, short phrases, ideas, systems or methods."

I don't disagree at all...


>
>Once again, throwing together common property and putting your stamp on it,
>because you were the one to throw it together, does NOT make it your
>intellectual property.  Not legally anyway.


I still believe it depends on how you "throw it together".  If a robot could
produce the stuff then I would agree.  But if it has human cognitive effort
involved, then I don't...



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