Author: Ed Trice
Date: 17:47:41 06/18/04
Go up one level in this thread
>>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? I referred to this program as "CapaGNU Modified". >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? > For three reasons: 1. The program was created prior to the patent. 2. The program in no way exhibits a "prior art" conflict with Gothic Chess. 3. Modifying this program to play Gothic Chess cannot infringe on 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." Not according to patent law. Your second-to-last statements is 100% false. Your last statement is not applicable. If someone creates a program to play Capablanca Chess today, they are permitted to do so. If they create a feature for editing the board that allows the program to play Gothic Chess, with alogorithms specific to Gothic Chess, they have infringed on the patent. Patent law prevents modification of "different things" to take on the functional equivalent of intellectual property protected by patents. Think about it. > >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? The starting position is only a subset of the patent. The METHOD of playing the entire game is covered. I am not going to offer a course in Method Patent Law here. You want to take your chances with me in court, it is your right. I will win, surely as Capablanca could spank Nimzo.
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