Re: chess moves

On Mon, 15 May 2000, Karsten M. Self <kmself[_at_]ix.netcom.com> wrote:
>
> On Thu, May 11, 2000, Thomas Workman <tworkman[_at_]erols.com> wrote:
> >
> > On Wed, 10 May 2000, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
> > >
> > > On 05/09/2000, Thomas Workman <tworkman[_at_]erols.com> wrote:
> > > >
> > > > I disagree with the rationale that chess moves are not protectable
> > > > because to do so would inhibit play of the game. Under this logic,
> > > > music would not be protected because to do so might inhibit
> > > > composers from creating new works.
> > >
> > > I disagree with your analogy. Unlike music, chess is a competitive
> > > enterprise.
> >
> > I am not sure how you define "competitive". Composers are
> > certainly competitive, as are jazz musicians who compose on the fly.
> >
> > > The whole point of the game is for players to compete.
> >
> > As an amateur musician and one who once played chess competitively
> > (I was not good at it, however) -- I do not see the distinction.
>
> Post well taken.
>
> As someone who both plays chess and makes music poorly, I'm surprised
> the topic of Jazz hasn't been raised yet. Both within a single
> performance, and in different pieces, performances, and arrangements,
> performers and arrangers/composers are continually copying, imitating,
> improvising, extending, and branching off one another's works.
>
> There was an MCAP copyright anthology (IIRC) article on the very topic
> of copyright in jazz within the past three or four years. I wasn't
> able to read the entire piece, but was struck that at least *one* other
> person had the presence of mind to think of how Jazz does or doesn't
> fit within conventions of copyright.

Professor Ochoa and others,

   I did not intend to have my post be the final one on this thread... I was interested in whether the "competitive" argument has any merit as an indicia of non-applicability of the copyright statutes. A private response pointed out that the high jumping argument troubled them, as that logic would say that a theatrical script should not be protected because actors need to use it.

   Were you able to find any support for your "competition" hypothesis???

Tom Workman
<tworkman[_at_]erols.com> Received on Tue May 16 2000 - 20:18:10 GMT