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

Author: Slater Wold

Date: 22:15:19 05/04/02

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On May 04, 2002 at 22:45:06, David Dory wrote:

>>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 lawyer was E. Randall Smith.  He specializes in Intellectual Property, such
as Trademarks, Copyrights, Patents, etc.

>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.

Most of my statements were "assumptions" because of course I did not ask these
personal questions.  I don't think Ed or Noomen would tell me.

>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.

And "licenesed" vs "bought" does not apply here.  Simply because copyright
doesn't cover the output of a chess engine.  *PERIOD*.

>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.

And as long as you're using it within your limits, the output is "fair use"
knowledge.

>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 when you go making claims about calling someone a cheater.  That's why I
was showing their maybe a link.

>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!

He has been in practice for a while.  Probably longer than you've been
practicing law.

>David



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