A Bit of Schadenfreude

**Wayne Komer** · Monday, 11th November, 2013, 12:10 PM

Re: A Bit of Schadenfreude

Nov. 11, 2013

It looks like Danailov’s threat worked.

The transmission of games has stopped on the chessbomb site and this note, in red, has been posted:

ChessBomb: The delayed broadcast of ETCC is stopped. Chess moves are not subject to copyright, but we've decided to respect the organizers' wish to be the only website broadcasting.

**Wayne Komer** · Monday, 11th November, 2013, 02:25 PM

Re: A Bit of Schadenfreude

Because it is a free day at the World Championship Match, many viewers are going over to the European Team Championship. The website is attractive:

http://etcc2013.com/live-games-open/

The best games so far are being given on ChessVibes:

http://www.chessvibes.com/etc-czech-...es-controversy

And the whole controversy about copyright of chess games is discussed. The nub seems to be this sentence:

It is widely recognized that chess games cannot be copyrighted, but the live transmission of games is under the copyright

Peter Doggers, the founder of ChessVibes, says this:

However, this sentence is logically inconsistent. If chess games cannot be copyrighted (which is true), you cannot stop someone from showing them online "live". (And what is "live" in the first place? No delay? One-second delay? Is a 30-second delay still live? Where to draw the line?)
Besides, it is certainly not "widely recognized" that "the live transmission of games is under the copyright". Chessbase won the court case against the Bulgarian Chess Federation, who tried to prevent the Hamburg company from transmitting the Anand-Topalov World Championship match.
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Viewers’ Comments

- Firstly, of course I'm very much pleased I can still view games for free on the chess sites I prefer, but there is a little voice nagging at me that it's not completely right.  When you use your smartphone in a smart (for me incomprehensible) way to directly transmit the moves you see played to the rest of the world, you're not infringing on any rights (provided you are allowed to use your phone in the area controlled by the organisers of the event). You're just reporting what you see.  But when organisers make costs (expensive electronic boards) or do work (entering moves by hand into a paper or electronic bulletin), I would say it's at their discretion who should be allowed, and to what extent, to use the product of that work.  Using single games for your own website can be seen as quoting, which is as far as I know admissable, within certain boundaries, in copyright law. Providing links to other sites should, I guess, be okay too. Making a live or almost live transmission by using a source without permission is, I think, at least very debatable.  So, I hope you're right, but I fear it's not that simple.

- This whole controversy over distribution of live games as illegal rears its head every few years and is always annoying.  Danailov says (that should have been everyone's first clue at a meaningless controversy), "Such actions are against the law, and against the ECU policy unanimously adopted by General Assembly of ECU during the meeting in Porto Carras in 2011." "It is widely recognized that chess games cannot be copyrighted, but the live transmission of games is under the copyright.” Once again Danailov is wrong. By mixing truth with outright lies he muddles the situation to create confusion. The above comments are mutually exclusive. You cannot claim ownership of something that cannot be copyrighted. Think of chess games as the music of Mozart. There is no ownership claim to be made so anyone can copy, download, and rebroadcast the music.  Danailov is creating confusion by using the terms broadcast and chess games as synonyms when in fact they are not. His analogy to football broadcast and scores is an interesting one, he is right that the broadcast of football can be copyrighted but the scores cannot be. Isn't it interesting though that written chess games are called game scores?

It is widely accepted by courts around the world you cannot copyright chess games, simple fact. Game scores cannot be copyrighted. The transmission of those scores cannot be copyrighted. Do not confuse results with scores.  That said what can be copyrighted is the analysis and commentary of those games. What draws me to websites is who is making comments about the games, which players are offering their analysis etc. When CB and CV websites offer master commentary or analysis that is something that draws me to the site. Danailov's view of ownership of games is just flat out wrong. He views the world how he wants to through his brown (I would use another word) tinted glasses. Another typical Danailov controversy. (is there anything that this guy does that isn’t drama ridden?)

- Chess viewing has almost completely moved to the internet. It is in the interests of chess organizers, chess players, and also chess fans that the chess world is properly financed. This cannot be done without the ability to commercialize chess events and show value to chess sponsors. Stealing chess broadcasts destroys that value. Therefore, ECU reserves the rights to pursue legal actions against trespassers on ECU events.
Some chess organizers may prefer to give broadcasting right for free, perhaps in exchange for some promotional services, while others may opt for nominal contribution to costs. Either way, it has to be done according to the law and ECU members will, in agreement with the organizer.
It has to be recognized that certain reputable chess services providers are currently broadcasting ETCC games in co-operation with the organizer.

This is highly commendable as helping development of chess.

This letter has a full support of ECU President, Mr. Silvio Danailov.