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Date:      Sat, 20 May 2000 18:01:13 -0400
From:      "Thomas M. Sommers" <tms2@mail.ptd.net>
To:        chat@freebsd.org
Subject:   Re: Why are people against GNU? WAS Re: 5.0 already?
Message-ID:  <39270B29.D09AA59D@mail.ptd.net>
References:  <20000513205610.A22103@physics.iisc.ernet.in> <3.0.6.32.20000513143506.00895650@mail85.pair.com> <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>

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Anatoly Vorobey wrote:
> 
> On Thu, May 18, 2000 at 07:00:03PM -0400, Thomas M. Sommers wrote:
> > > Sorry, no citation. I am less willing to stake my life on the crosswords
> > > issue than on the chess games issue, though, where the fact that individual
> > > games can't be copyrighted is used every day by thousands of papers all
> > > over the world in their news section, and is well-known inside the
> > > community of chess fans and writers, etc.
> >
> > A chess game is an event, not a literary or artistic work of any sort.
> 
> Sorry, but millions of chess fans who enjoy studying famous and brilliant
> games and compositions won't agree. Your claim is as sensible as claiming
> that a symphony can't be copyrighted.

Not at all.  Copyright of music is specifically provided for by the
statute.  A chess game, however, is not a literary or artistic work of
any sort, *as defined by the statute*.

> Indeed:
> 
> - both a symphony and a chess game is a sequence of moves coming from a
> limited repertoire;
> - either is potentially infinite, but in reality finite;
> - either is capable of giving intense joy to great many people;
> - a good specimen of either kind takes wit, skill and hard work to
> create;
> - and so on.
> 
> Obviously I'm simplifying, but the difference is one of degree. That
> there is immense creativity in chess, just as in music, is obvious to
> any knowledgable player.

All this may be true, but it is irrelevant.  What matters, *all* that
matters, is the wording of the statute.  A symphony is copyrightable
because it falls in one of the categories of works that the statute says
are copyrightable.  A game of chess is not, because it isn't.



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