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Subject: Re: "Pre-patent exemption"

Author: Keith Evans

Date: 16:31:07 06/18/04

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On June 18, 2004 at 19:14:37, Keith Evans wrote:

>On June 18, 2004 at 18:28:11, Ed Trice wrote:
>
>>
>>>
>>>The fact that you granted a "Pre-patent exemption" says a lot about the strength
>>>of your patents:
>>>
>>>Anybody interested see:
>>>
>>>http://www.gothicchess.org/matches.html
>>>
>>>Now let's see if you modify this page after reading this post. Call it a test of
>>>your sense of humor.
>>
>>
>>I don't understand you logic at all. A Capblanca Chess program, which came out
>>in the 1990's, 10 years before my patent, which does not play Gothic Chess,
>>should be included in the Gothic Chess patent restrictions?
>
>I'm confused. You posted Gothic Chess match results for CapaGNU at:
>
>http://www.gothicchess.org/matches.html
>
>How is this possible unless CapaGNU plays Gothic Chess?

Also why use the term "Pre-patent exemption" if you also say "That program is
not even close to intersecting the intellectual property claimed
in the Gothic Chess invention."

Why not just say that it's not violating the patent?

And any program which works like CapaGNU isn't violating the patent either. This
means that people can write engines which play Capablanca chess and allow for
arbitrary starting positions because they wouldn't even be close to violating
your IP. It shouldn't matter if they were written before or after the patent,
because CapaGNU establishes prior-art for this behavior. You can't wish away
prior-art by granting "exemptions."

I assume that the name "Gothic Chess" is trademarked, you have a lot of
copyrighted materials which you sell, and you have good ideas for how to promote
Gothic Chess. Why even worry about patenting the starting position?



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