Author: Keith Evans
Date: 18:42:55 06/18/04
Go up one level in this thread
On June 18, 2004 at 20:47:41, Ed Trice wrote: > >>>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. > If CapaGnu does not have algorithms specific to Gothic Chess and manages to play Gothic Chess, then I don't see why any other program would need to have algorithms specific to Gothic Chess to play Gothic Chess. At least with something like FRC there are additional rules related to castling, so programs which don't understand those rules are handicapped. I see nothing like that here. If someone creates a program to play Capablanca chess, and they also allow the user to modify that starting position then why they violating the patent? This is exactly what CapaGnu does and it was written and distributed before your patent was filed. So if you want to sue someone that does that same thing as CapaGnu, then it's an obvious case of prior art. By using the phrase "pre-patent exemption" you are implying that CapaGNU is only safe (exempt) since it was written before your patent was filed. Saying this is admitting that CapaGnu was prior art. I would think that you would be more interested in protecting the name "Gothic Chess" than in this patent stuff. I don't see any indication that "Gothic Chess" is a registered trademark on the Gothic Chess Federation home page.
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