Re: chess moves

On 01 May 2000, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
>
> It is important to distinguish two rationales for limiting
> copyright protection. The first principle is that "facts" are not
> copyrightable because they are not original. The second principle
> is that "ideas" are not copyrightable, EVEN IF THEY ARE ORIGINAL,
> because it would impose too great a cost on the public welfare if
> ideas could be subject to copyright protection. This is the same
> value that informs the First Amendment; ideas must be free for
> everyone to use. [The same principle underlies the denial of
> copyright to the functional aspects useful articles.]
>
> Ideas become intellectual property only in two circumstances:
> ideas that are kept secret can be trade secrets, but only so long
> as they are unknown to and not reasonably ascertainable by lawful
> means by competitors; and ideas (reduced to practice) that are
> useful, novel and non-obvious may be patented. The point is that
> ideas may be freely copied (even if they are original), unless
> they are secret and one has promised not to copy them (or has used
> improper means to obtain access to them); or unless they meet the
> much more rigorous standards of patent law.
>
> So even if the moves in a chess game are original, the moves
> are not copyrightable, because to do so would be to give the first
> person to make the move the right to prevent others from copying
> the move. That would defeat the whole purpose of the game, which
> is to pit contestants in a game of strategy. If certain moves
> permitted by the rules of the game are off limits because they are
> copyrighted, it certainly would restrict the ability of people to
> play the game.

The rule of the public domain over facts and ideas is not absolute. Except for the platform performances of top players, whose games are relayed to the audience via large screens or posters, the public domain of chess depends entirely on the players' cooperation. Players must turn in their scoresheets at the end of every game. The organizers then publish the games. Chess players may decide to withhold their scoresheets, perhaps justifying themselves with the notion that they discovered new ways to win (or lose) that they believe to be some sort of "trade secret." They may claim the scoresheets are their "property" or that they are too humiliated by the facts. Of course, the players that withhold scoresheets jeaporize their wins and their right to ratings and prizes. Naturally, no chess player can prevent any other player from making any move.

Albert Henderson
Editor, PUBLISHING RESEARCH QUARTERLY
<70244.1532[_at_]compuserve.com> Received on Mon May 08 2000 - 16:53:50 GMT