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

Author: jerry young

Date: 11:34:45 05/04/02

Go up one level in this thread


On May 04, 2002 at 04:12:54, Jeroen Noomen wrote:

>On May 03, 2002 at 17:13:59, Slater Wold wrote:
>
>If you are going to post something about my connection to the Rebel Company, I
>would first check this out, f.e. by asking me. For me it is very funny that you
>talk about law and come with some statements that you haven't checked. To be
>very clear about this: I am not an employee of the Rebel company.
>
>Besides, the matter I was discussing here in this forum had to do with hacking
>the book (your point nr. 5 below). People had hacked the code in which the Rebel
>book was written and converted it to their own format. And I find it fully
>correct that something should be done about this.
>
>To add another point to this discussion: What about the various possibilities
>under the available GUI's? Any program that runs under such a GUI can use ANY
>book that is available. Giving it a huge advantage over other programs that do
>not run under this specific GUI. It is easy to melt together several books and
>use them for your own program. As far as I am concerned, this is very worrysome
>for the W(M)CCC and other important competitions. I was in Maastricht last year
>and I saw that programs like Ferret, Crafty, Diep, Spider Chess, XiniX, Pharaon
>were severely handicapped by the fact that they had to fight programs that used
>'loaned' books.
>
>A few people tried to convince me 'well Jeroen, it makes it easy for you: You
>just have to crack a few books to get a good result for Tiger'. But as I am a
>person who wants fair competition, I don't like this trend and therefore I want
>to do something about it. If rules stay the same, the ICCA says 'it is not a
>problem for us' okay, so be it. But there HAS TO BE a discussion about it. Of
>course after a final decision has been made, I will always ask myself what to
>do. If I don't like it or come to the conclusion that unfair competition is
>allowed, I simply will not attend to such a tournament anymore.
>
>One final point about your last line (If you don't want somebody to steal your
>lines, don't sell them): Suppose I would do this? Than thousands of customers
>are losing the possibility to learn from my books as there are some guys who
>want to illegally hack them. Is this what you want? Some people spoiling it for
>the rest?
>         stealing books ??> once publically played in competition or on the internet, they bacome public domain.  One Icc player writes his own books, but, since they are a matter of public record, they cannot be copywrited,a s any can view and incorporate thiose into their books if they are industrious enough.
>Jeroen
>
>
>>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 what is the big deal. once anybodys booit 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.
.. so..



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