Earlier quoted context omitted.
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Our lawsuit against ChessBase
131–140 of 261 posts
Re: Our lawsuit against ChessBase
#132Fat 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/
If a game gets DMCA’d, can the players who bought it still continue playing?
Re: Our lawsuit against ChessBase
#133Earlier quoted context omitted.
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.
Additionally the possibility to relicense the software to the offender under commercial terms and gain direct monetary value.
Presumably it's important to establish damages (at least in a US jurisdiction) because otherwise they wouldn't have standing to bring a lawsuit.
Re: Our lawsuit against ChessBase
#134Earlier quoted context omitted.
I don't believe that this is accurate.
Quoting from https://creativecommons.org/share-your-work/public-domain/cc... , emphasis mine: "Unlike the Public Domain Mark, CC0 should not be used to mark works already free of known copyright and database restrictions and in the public domain throughout the world. However, it can be used to waive copyright and database rights to the extent you may have these rights in your work under the laws of at least one juris…
It depends on jurisdiction. Some places (I think the US is one of these) do allow you to put works in the public domain, and CC0 does that where possible. The “as if” license is a fallback.
Re: Our lawsuit against ChessBase
#135If 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?
This will be easily won against ChessBase. They F'd up. German court does care way too much for the "Urheberrecht" -- copyright -- and this is clearly a violation of it. If they would let this go through, nobody would take the German court serious again, and there is too much interest in not letting that happen. In any case, they also sell a music software called "Ludwig 3" [1]. I now wouldn't be surprised if it also…
Sounds like a business model.
Re: Our lawsuit against ChessBase
#136FYI 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/
aside from working offline (which is important!), what are the advantages over an online tool like lichess?
Re: Our lawsuit against ChessBase
#137FYI 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/
Have you tried ChessX, and if so, how would you say it compares?
Re: Our lawsuit against ChessBase
#138Fat 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/
If a game gets DMCA’d, can the players who bought it still continue playing?
Maybe but the person they purchased it from wasn’t authorized to distribute it or authorize them playing it.
Re: Our lawsuit against ChessBase
#139> leading developers of Stockfish have terminated their GPL license with ChessBase permanently. How practical is this, under GPL?
Someone else copied GPL’s termination clause above…it’s practical.
Re: Our lawsuit against ChessBase
#140Earlier quoted context omitted.
Step 1. Hire an expensive attorney. Step 2. Sue to recover attorney fees.
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 otherwise extremely inelastic: when you need it, you really need it. That does not appear to work. I wonder if there is an approach that would work.)