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Date:      Sun, 21 May 2000 13:00:51 -0600
From:      Brett Glass <brett@lariat.org>
To:        Anatoly Vorobey <mellon@pobox.com>, chat@FreeBSD.ORG
Subject:   Re: Why are people against GNU? WAS Re: 5.0 already?
Message-ID:  <4.3.1.2.20000521125607.041b0100@localhost>
In-Reply-To: <20000521160901.A215@happy.checkpoint.com>
References:  <39270B29.D09AA59D@mail.ptd.net> <20000514010614.A16058@happy.checkpoint.com> <3.0.6.32.20000513180213.00894400@mail85.pair.com> <20000514023000.A16663@happy.checkpoint.com> <3.0.6.32.20000513192827.00895a10@mail85.pair.com> <20000514040731.B17455@happy.checkpoint.com> <391E27DD.320D4BBF@mail.ptd.net> <20000514024308.A57423@sasami.jurai.net> <392475F3.513EE781@mail.ptd.net> <20000520185544.A47143@happy.checkpoint.com> <39270B29.D09AA59D@mail.ptd.net>

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At 10:09 AM 5/21/2000, Anatoly Vorobey wrote:


>This is correct. Perhaps you're missing the context. I originally
>brought in the example of chess games, in order to show that the concept
>of copyright as a *natural* property right (which the statute merely
>codifies) is indefensible. The point being, as far as their "natural"
>properties are concerned, the difference between a chess game and
>a music composition is perhaps of a degree but not of a kind. The
>statute clearly gives preferential treatment to kinds of intellectual
>activity the society feels to be especially worth encouraging.

The entire purpose of copyrights and patents is to encourage intellectual
activity. And they work for that purpose.

A chess game is an interesting case in some would say that the game
was an improvisational performance, sort of like an improvisational
dance. On the other hand, the moves in a chess game are also functional,
and copyright specifically does NOT cover items that are functional.
(Business forms, for example, can't be copyrighted unless they add
something which could be considered creative, and then only the
creative part cannot be copied.) Moves in a chess game ARE functional
(the function being to beat the opponent), and some are even provably 
optimal. So, they might not be protected.

--Brett Glass



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