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Subject: Re: [OT] An open letter to Martin Blume

Author: enrico carrisco

Date: 12:36:49 12/10/04

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On December 10, 2004 at 15:25:15, Andreas Guettinger wrote:

>On December 10, 2004 at 14:36:32, enrico carrisco wrote:
>
>>On December 10, 2004 at 11:54:33, Martin Blume wrote:
>>
>>>On December 10, 2004 at 11:37:13, Peter Skinner wrote:
>>>
>>>>This is a copy of the email that I just sent Martin:
>>>>--------------------------------------------------------------------------------
>>>>Hello Martin,
>>>>
>>>>
>>>>So please grant me permission to host Arena and the situation can resolve
>>>>itself. We can then get back to what is important... Chess.
>>>>
>>>
>>>Hello Peter!
>>>
>>>It is too late now. The license agreements are quite clear of it. I am quoting
>>>myself from the copyright notes in the Arena distribution as well as from our
>>>Website:
>>>
>>>"You may distribute the content of the program package only in unmodified
>>>form. Especially, distribution of Arena GUI, SOS for Arena, Dragon, AnMon,
>>>Nejmet, Ruffian, Betsy, The Baron, Chispa, EL Chinito and for ELOstat on
>>>other webpages, newspaper, CDs, print and other media without the
>>>permission of authors Martin Blume, Rudolf Huber, Bruno LUCAS,
>>>Christian BARRETEAU, Jean-Christophe GABILLARD, Per-Ola Valfridsson,
>>>Landon W. Rabern, Richard Pijl, Federico Andrés Corigliano,
>>>Eugenio Castillo / Pascal Tang and Dr. Frank Schubert is not permitted."
>>>
>>>Regarding Arena that reads:
>>>
>>>"You may distribute the content of the program package only in unmodified
>>>form. Especially, distribution of Arena GUI [..] on
>>>other webpages [..] without the
>>>permission of author[..] Martin Blume [..] is not permitted."
>>>
>>>So you did not have the permission to offer my software Arena on your site, and
>>>you do not have the permission by me. So I am asking you to remove my software
>>>from your site.
>>>
>>>Best regards,
>>>Martin Blume
>>
>>If only the word "especially" had been "however", things would have been so much
>>clearer.  Legal lingo or not, "especially" was not the best choice.
>>"Especially" is most commonly a supporting word for a previous statement -- but
>>here it is (obviously) used to mean "Above all" or "principally" (most
>>importantly.)
>>
>>Nevertheless, the license (however much needing a revision for clarity) does
>>indeed state that Mr. Skinner is in violation for making the software available
>>on his web-site.  The argument that Mr. Skinner's distribution of Arena in this
>>manner is protected within the segment of the license agreement that allows
>>distribution to friends and comrades is only valid if only those individuals
>>have access to such a web-site.
>>
>>It's an open and shut case in my opinion.
>>
>>-elc.
>
>The question is why a software has copyrights with ideologies that contradict
>each other?
>
>For example, couldn't Peter make a note on his site:
>"For all my chess friends, if you are interested in Arena then please send a
>mail at the following adress and I return you a copy of Arena."
>
>Does the copyright prevent this? He would be sharing with his colleges.
>
>regards
>Andy

No -- that would absolutely fall in the Gray area.  Arena lawyers would then
have to define the socially and generally accepted definition of comrade or
colleague.

Depending on Candian law, they may have an avenue in speculation of Mr.
Skinner's intent.  In my opinion, it's pissing in the wind at that point.

However, if you had to give your email address out to receive Arena in that
manner, it's becoming just the same as the Arena site itself -- which Mr.
Skinner has claimed to object by reason of privacy invasion.  Pointless at best
(which, in my opinion, it already is.)

-elc.



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