Bulgarian organizers take Chessbase to court

[Arturo Ochoa]

June 3, 2010

Chessbase is the best place of chess in the Earth and Mister[/i]. Anand the fastest human being in Earth and the best one now, he is an inspiration for many people, I remember seeing his games like a new spirit of the great Jose Raul Capablanca.!!! Please don’t attack to chessbase. It is not good for the chess.

With best respect,
Father
Pablo I RESTREPO
Playchess.com user

Oh my goodness, the best place on the Earth with a software Client that can let you win by time. Interesting...

I have been connected there but I don´t like the environment of the chess server -> My opinion.

I don't see the relation among ChessBase, Anand and Capablanca. Anand is a great player and Capablanca was a good one... What is the relation with the ChessBase attacks stuff?!

[AdminX]

"The Bulgarian organizers of the Anand-Topalov World Championship match take Chessbase to court for “violating copyright rules”. Chessbase transmitted the moves of the match live on their Playchess server, against the will of the Bulgarians."

Source: http://www.chessvibes.com/reports/bulga ... more-25934

Well will other Online Chess servers who broadcast relays also be included?:?:

Silvio Danailov: “With Chessdom we have commercial agreement signed. Susan Polgar and Sergey Shipov I respect very much. Both are excellent professionals, doing a lot for chess, making it more popular. They are not commercial and don’t resell the games. Having in mind all this, they had our permission.

With ICC I have long collaboration with mutual interest for both sides. But I explained [them] already before that this is the last time; next time they should paid like everybody else.”

I was just thinking about it today after what happened with R4 and someone mentioned CB should make a legal case. It then came to me that during the WC, website hosting the match had on there that their rights were being violated by Chessbase who was broadcasting the Live Match without permission. They may not have a case, although we are dealing with a unique circumstance. Unlike Football where visual is the attraction, moves in chess is what makes the game. By broadcasting the Matches Live, Chessbase, the organizers could claim deprived their site of traffic which could have generated revenue.

Perhaps they could make the case, but I doubt they would be successful. It has been argued many times before that the games belong to the players, and thus should not be published with impunity by whoever wants to. It has been argued many times before that the games belong to the organizers, and thus should not be published with impunity by whoever wants to. Those arguments, for better or worse (probably for worse), have never been successful in anyway, and people still take and use chess games however they want, whenever they want, with no compensation for organizers or players. I doubt that it makes much legal difference if the delay in publication is months, days, minutes, or seconds.

-Sam

Seems to me the only thing that they can claim exclusive right to is the broadcast of their commentators. In this case their video feed, which was not rebroadcast by Chessbase in anyway. Now unless some of the still images posted on Chessbase were from their video feed that is, then maybe they do have a case. I am not sure about that. They will have a hard time proving that the moves came from their website and not ICC or some place else, not that it matters.

[M ANSARI]

I can see the problem if there was a link from CB direct to the video site without prior approval (I am actually not even sure that is illegal as all it does is help the other site). Now if the video stream was taken from the site and re-broadcast on CB ... of course there is an obvious problem, but that did not happen. I am pretty sure CB had lawyers advising them of what was allowed and not allowed, and if it is only the relay of the moves ... then that will go nowhere.

[afzzq]

Once a chess move is played you can relay that move anywhere. It is similar to relaying the score of a football match ... try suing CNN for giving you what the half time score of the Super Ball is.

Although I see your point, I do not think this matter is as clearcut as you argue.

First, there is the doctrine of hot news misappropriation: misappropriation of information may create unfair competition if the content provider has an interest in time-sensitive information it provides, International News Service v. Associated Press, 248 U.S. 215 (1918). E.g. National Basketball Association v. Motorola, Inc., 195 F.3d 841 (2d Cir. 1997).

Second, courts may find an interest in protecting the expression and activity of professional chess players and their promoters because, unlike in the case of the basketball, most of the value of their effort inheres in the facts of the moves themselves.

[perejaslav]

"The Bulgarian organizers of the Anand-Topalov World Championship match take Chessbase to court for “violating copyright rules”. Chessbase transmitted the moves of the match live on their Playchess server, against the will of the Bulgarians."

Source: http://www.chessvibes.com/reports/bulga ... more-25934

Well will other Online Chess servers who broadcast relays also be included?:?:

Silvio Danailov: “With Chessdom we have commercial agreement signed. Susan Polgar and Sergey Shipov I respect very much. Both are excellent professionals, doing a lot for chess, making it more popular. They are not commercial and don’t resell the games. Having in mind all this, they had our permission.

With ICC I have long collaboration with mutual interest for both sides. But I explained [them] already before that this is the last time; next time they should paid like everybody else.”

According to his logic... some 'immortal' guys also “doing a lot for chess, making it more popular. They are not commercial and don’t resell the games”
Does it make them legal in the Danailov's eyes?

[Dr.Wael Deeb]

June 3, 2010

Chessbase is the best place of chess in the Earth and Mister. Anand the fastest human being in Earth and the best one now, he is an inspiration for many people, I remember seeing his games like a new spirit of the great Jose Raul Capablanca.!!! Please don’t attack to chessbase. It is not good for the chess.

With best respect,
Father
Pablo I RESTREPO
Playchess.com user

Of course,the ChessBase Playchess server is the best place in the world to use your monkey trick losing on time over and over again....
Dr.D

[mhalstern]

Competitive Chess is timed, yet you object to the client that lets you win when your opponent runs out of time????

Your objection is not logical!

[Arturo Ochoa]

Competitive Chess is timed, yet you object to the client that lets you win when your opponent runs out of time????

Your objection is not logical!

Ok, you got me. I will accurate. The client, which connects to the server, has a bug that leaves the engines lost by time. It is the case when you play in that server against any engine in the Machines Room. My objections are against how he wins against the engines...

[mhalstern]

I didn't mean to be harsh in my reply, but don't understand your answer. Is French your primary language?

[ppetrov]

Although I see your point, I do not think this matter is as clearcut as you argue.

First, there is the doctrine of hot news misappropriation: misappropriation of information may create unfair competition if the content provider has an interest in time-sensitive information it provides, International News Service v. Associated Press, 248 U.S. 215 (1918). E.g. National Basketball Association v. Motorola, Inc., 195 F.3d 841 (2d Cir. 1997).

What does US law have to do with a legal dispute between Bulgarian and German parties (both in EU)? Last time I checked USA didn't own the world.