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Subject: Re: To Eugene Nalimov: Copyright of Tablebase files

Author: Reinhard Scharnagl

Date: 03:20:16 06/05/04

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On June 05, 2004 at 06:11:44, F. Huber wrote:

>On June 05, 2004 at 05:25:58, Reinhard Scharnagl wrote:
>
>>On June 05, 2004 at 01:39:40, Karl-Heinz Milaster wrote:
>>
>>>Hi,
>>>
>>>last year I  buy 11 Tablebase cd's on Ebay. Last month I receive a letter from
>>>the german police: Probably the seller has violate the copyright of ChessBase.
>>>But the cd's are not a simple copy of any ChessBase product.
>>>Is this possible? Has ChessBase a exclusive right to bring tablebase cd's to the
>>>german market?
>>>Excuse my englisch.
>>>
>>>Kind regards,
>>>Karl-Heinz Milaster
>>
>>Hello Karl-Heinz,
>>
>>I am not a lawyer. But I will describe my thoughts on that:
>>
>>Even if a data source is free, that does not mean, that a special container
>>of that content also would be free. The gathering (calculating) and storing
>>of data in a special way into a file, or the arrangement of such files in
>>a special set is a result of creativity and copyright protected (in Germany)
>>as a newly created independent intellectual property.
>>
>>Therefore in your case it would matter, from where the copied files (not the
>>included tables) had been taken and whether that has been free material or not.
>>
>>Regards, Reinhard.

>Hi Reinhard!
>
>Would you really say, that e.g. if I take the TB-files 1+2+3 and put them
>onto a CD in the order 3+2+1, this rearrangement would be any kind of
>´creativity´ from my side??
>(I really hope to be indeed much more ´creative´ ... ;-))
>
>Best regards,
>Franz.

Hi Franz,

as far as I know there are not that high demands for 'creativity' as you
may think. To drive the case into a very extrem example:

The words in a text are common property. Therefore there is no need for
you to pay a fee for using the words 'a' or 'the'. But this does not give
you the right to copy any printed book even when only using words you can
find in an ecyclopedia.

Therefore it would be dangerous to copy files from sources which have not
been declared to be free, when also copying the date of being changed the
last time or when being created.

As I told, I am not an expert, but the theme is a little bit more complex.

Regards, Reinhard.



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