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Kasparov's representative in Canada for FIDE election 2014 Robert Hamilton to sue CFC
Re: Kasparov's representative in Canada for FIDE election 2014 Robert Hamilton to sue
Considering the ownership of chess games -- or even chess moves -- there is an interesting historical precedent that possibly could prove to be a factor in this case. It involves a judge and a chess organization in the late nineteenth century. A certain Judge A. Palmer from Saint John sent a move off in a correspondence game then tried to correct it by telegraph. This caused a big stir and a lengthy write up in C. F. Stubbs' Saint John Globe's chess column of the day, but the ruling, equivalent to the touch move rule, was that the Judge's original move had to stand. Essentially the Judge had to "own his move". It is interesting to note that the law firm Cox & Palmer with offices throughout Atlantic Canada specializes in Intellectual Property Rights and -- its a small world -- probably have a relative of our good Judge in their firm. The incident in question is mentioned by Zehr and MacDonald in their History of Correspondence Chess in Canada.
Last edited by John Torrie; Wednesday, 21st December, 2016, 11:12 AM.
Re: Kasparov's representative in Canada for FIDE election 2014 Robert Hamilton to sue
If I was arguing for chess copyright I would make the case that chess organizations, by requiring players to record "their" moves, fundamentally acknowledge that the moves belong to the players. Even with the pretext of having these moves available to resolve disputes over the details of a game, whether for correction or to check for collusion or cheating, there is an acknowledgement that the moves belong to the players; more so perhaps in the case of cheating where it is proclaimed "that is not your game" or "that is not your move," where a player's assessed ability is compared with his play. It is common practice -- we have hundreds of years of it -- of assigned ownership to chess positions and games. Some things have become public property. The other day -- thanks to Legal -- I played a well known mate in an offhand game.
To return to the requirement for players to record "their moves": it is a leap to go from checking for correctness, whether accuracy or cheating, to publishing the moves of these contests without the consent of the players.
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