On 01/04/2011 08:41 PM, Gerd Lorscheid wrote:

Hi!

> this here is really funny to read. There are no copyrights
> on chess games.

Right.

> So what you can do is order Bigbase for 50
> Euro from Chessbase and you have pretty good edited
> 4.500.000 games. Bigbase has no annotations, which have
> copyrights.

Even if an annotation of a game of chess entitles you to
some rights is not clear at all. What gives you a
"copyright" has to be a "creative act". Most simply you can
see this with some painting. You did it nobody else could
have done it, you created it. Now, a game of chess follows a
logical sequence of moves. One can argue that _everybody_
who just follows logic comes to the same conclusions. Thus
no creative act involved in annotating games. AFAIK this is
still up to some discussions at the lawyers and far from
clear at all.

(Some time ago I read a quite interesting article by Anands
who took up that point. I do not have the URL at hand
anymore but it was some interview he gave right after his
defence of the WCC title.)

> You can convert them to .si4 and distribute them.

I think your argument is to short here. Copyright  for
databases is quite a different thing. Though the individual
entry may not give you any rights you usually DO have
copyright on the collection as such. I.e. the act of
collecting and making a selection usually entitles you for
Copyright even if the entries you collected are public
domain. Things may work out if you take only parts if they
are small enough and so on. E.g. you are NOT allowed to dump
out a commercial database even if it contains only public
domain data.

(I may add that we do not have Copyright in Germany, but
Urheberrecht, there're some nifty details about this
distinction)

> Nothing else Chessbase is doing. For sure they did not
> enter 4.500.000 games (4.500.000 games * 5 minutes per
> game * 12 Euro per hour == 4.500.000 Euro).

Right. But they did the collection and compilation and this
is what gives them certain rights for their bases. For this
reason, if by some community effort we could make up a
collection/compilation of games for Scid all issues are
solved once and for all. We could license it with GPL and it
would be free. IMHO this can not be done legally in the way
you suggest.

Again, I'm no lawyer but in fact I've quite some dealings
with this, IMHO senseless, copyright stuff in my regular
job.

cu
Alexander

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