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Our lawsuit against ChessBase

stockfishchess.org

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Re: Our lawsuit against ChessBase

#81

The current title is "Our lawsuit against ChessBase – Stockfish – open-source Chess Engine", which I found confusing. Is Stockfish being sued? Does it belong to ChessBase? I suggest sticking with the simpler title from the blog, "Our lawsuit against ChessBase".

Fixed now.

Re: Our lawsuit against ChessBase

#83
post #12

Earlier quoted context omitted.

I agree. Likely a quick checkmate in court.

Stockfish has an opportunity to make money here. No?

I'm definitely not a lawyer/expert on this, even less about Germany specifically, but isn't actual financial damage required for financial compensation? While Stockfish might have suffered damage from ChessBase's behavior, if it can't be clearly specified as monetary damage, I don't really see how they could make money from this.

On the other hand, if ChessBase is found (and ruled) to have distributed software illegally, the company and its executives might have another problem. I don't know the specifics of German law, but I believe that distributing software (or any product) illegally is actually a criminal offense (no longer a civil dispute). That could (theoretically/eventually) lead to criminal prosecution and who knows .. jail time?

Re: Our lawsuit against ChessBase

#84
post #68

Earlier quoted context omitted.

I'm not sure if it's settled law on whether or not you need to license to use code...

I don't think it quite works that way: the license is really just an agreement between the user and the rights holder that they will not sue for infringement. So use without license really means "you may expect to be sued". The outcome of that suit would determine whether or not you "need to license to use code". I'm guessing there have been many cases where the copyright owners for some code sued someone for using i…

For distributing it, making copies of it, and violating contacts, definitely. For using a program already on a computer with no click through contract that you agree to to run it (or other contractual obligation), I'm not aware of any cases.

That they can sue is a non statement, you can sue for anything, but I don't believe it is obviously (or even likely) copyright infringement...

Re: Our lawsuit against ChessBase

#85

From older blog post: "In particular, the license states that if one redistributes a program derived from our work, the corresponding modifications of our sources and all information needed to build that program must be made available. Only after explicitly informing Albert Silver (the author of the net in Fat Fritz 2) of a license violation have matching C++ sources, but not the net weights, been made available. Obv…

Say I use GNU licensed software to train a neural net, using data I collected and labeled. I am completely transparent about the code I used, and cite/share any ad hoc code modifications...

Should I be legally compelled to share the net weights of my trained NN?

Re: Our lawsuit against ChessBase

#86
post #2

If this goes to trial, I think this might be the cleanest and most straightforward test of the GPL in court we've had up to this point?

IIRC the GPL has been tested in German courts before. Would this be any different from other GPL violation in court like this one https://gpl-violations.org/news/20060922-dlink-judgement_fra...?

Re: Our lawsuit against ChessBase

#87
post #12

Earlier quoted context omitted.

Stockfish has an opportunity to make money here. No?

I'm definitely not a lawyer/expert on this, even less about Germany specifically, but isn't actual financial damage required for financial compensation? While Stockfish might have suffered damage from ChessBase's behavior, if it can't be clearly specified as monetary damage, I don't really see how they could make money from this. On the other hand, if ChessBase is found (and ruled) to have distributed software illega…

Step 1. Hire an expensive attorney. Step 2. Sue to recover attorney fees.

Re: Our lawsuit against ChessBase

#89

FYI if anybody’s looking for a chessbase alternative I use a combination of SCID vs. PC, Caissabase, and Stockfish to roughly clone it. I’m sure chessbase has a lot more features but these alternatives are good enough for an amateur like me. https://sourceforge.net/projects/scidvspc/ http://caissabase.co.uk/

I have desperately been looking for software where I can:

Build an opening repertoire from PGNs.

Drill that using spaced repetition (like Chessable)

Import all my games from Lichess and Chess.com

Tell me when I deviate from my repertoire in those games.

Do you know of a software or combo that can achieve that?

Re: Our lawsuit against ChessBase

#90
post #12

Earlier quoted context omitted.

Stockfish has an opportunity to make money here. No?

I'm definitely not a lawyer/expert on this, even less about Germany specifically, but isn't actual financial damage required for financial compensation? While Stockfish might have suffered damage from ChessBase's behavior, if it can't be clearly specified as monetary damage, I don't really see how they could make money from this. On the other hand, if ChessBase is found (and ruled) to have distributed software illega…

I don't know about German law specifically, but damages can be shown in a variety of ways. In the US, courts have recognized publishers of open-source software as receiving value from having made source code available at no charge, such as reputational gain or adoption leading to future sales of related products or services.
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