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It will be interesting, depends where jurisdiction falls and how that jurisdiction interprets any alleged damages since GPL content is normally released free of charge.
Copyright infringement can have large statutory damages that have nothing to do with the actual financial damage from the infringement.
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Copyright infringement can have large statutory damages that have nothing to do with the actual financial damage from the infringement.
In Germany? Are you sure about that?
(in German) https://www.cmshs-bloggt.de/gewerblicher-rechtsschutz/urhebe...
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In German court proceedings you can only recover attorney fees up to the (pretty low) legal fee schedule (RVG). Anything above that you will have to pay yourselves
GP’s joke, I suspect, was that in practice every bit of money they get from the lawsuit, whether it is labeled “attorney fees” or not, is likely to go towards compensating the legal team, and not to the actual injured party. Which does not contradict your statement. (Part of the point of having a legal fee schedule is, I suppose, to put a damper on the prices of legal help, because, like in medicine, the demand is ot…
Of course, if there's one thing that lawyers are less likely to do than cap the earnings of their profession, it's to devalue it entirely.
You could also increase supply by reducing the level of qualification needed to become a lawyer. Increased competition would drive prices down. That too is highly unlikely.
While I think it’s a shame that nobody has been able to sue ChessBase for their software being utter garbage, I will cheer on this equally worthy endeavour.
Fat Fritz 2 is distributed in the Steam Store [1], which is under US jurisdiction. Should not this be a good use for DMCA take down? [1] https://store.steampowered.com/app/1587750/Fat_Fritz_20_SE/
Never heard of ChessBase or the game before, but interesting choice on them to copy the Microsoft Word look and feel for their game haha.
Microsoft lets any program use that UI: https://docs.microsoft.com/en-us/windows/win32/windowsribbon...
I've only seen a few programs take up the offer though. Probably because the style is almost synonymous with MS Office as you've noted
Happy National Chess Day... you've been served. (n.b. National Chess Day is today)
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... ?
This case however brings two new (as far as I'm aware) questions to the table:
- Whether the permanent license revocation clause holds up
- Whether the neural networks is considered a part of the covered work (and must therefore be provided in "source" form, rather than just a trained network)
The second one is especially interesting, since the court will likely have to go into how far the GPLs coverage extends into other parts of a covered work.
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There are long running disagreements about what this means under GPLv2 in various cases. Under GPLv3, the answer is explicitly clear: "The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work."
Sorry, but could you clarify whether the NN weights constitute a covered work? If so, why? If not, what sort of output would constitute a covered work?
In order for NN weights to be covered, the weights would need to be in themselves a derivative of a GPLv3-licensed work.
Training a NN on GPLv3 licensed training sets would (IMHO) make it a derivative work, that's what a lot of the Copilot uproar is about.
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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…