Re: Electronic publishing of chess games

On 11/30/98, Simon Minahan <sminahan[_at_]bigpond.com> wrote:
>
> On Fri, 27 Nov 1998, Sasha Goldshtein <goldshtn[_at_]netvision.net.il> wrote:
> >
> > I have two questions that are related to intellectual property over
> > chess games, and incorrect statement of a person's action in an
> > electronic record (such as webpage).
> >
> > - If A has played a chess game with B, and publishes the game on
> > the Internet, without written consent from B, can B demand
> > removal of the chess game from the web, and sue A if he refuses
> > to do so?
> >
> > - If A posted a chess game that he claims he played with B (but
> > he didn't really play it) on the Internet (e-mail, web etc.),
> > can B demand public apologies from A, and demand removal of the
> > material, or sue A if he refuses to do so?
> >
> > I will appreciate replying as soon as possible, as this subject is
> > of high interest to me now.
>
> The first scenario is beyond objection, IMHO. Its a report of fact,
> there is no intellectual property in the facts nor, I would think, in
> the expression of it given it follows the standard lexicon. In the
> absence of an agreement that the details of the game be kept secret-I
> don't believe there's any right to stop publication of them.
>
> Scenario B is qualitatively different in that there is a lie involved
> but I'm not sure as to how best one would object. Certainly there
> doesn't seem to be any intellectual property issues. In the absence
> of a commercial context it might be defamatory but I'd be looking out
> for"get-a-life" defence. Nothing to stop the demand though.

I agree with respect to the first scenario. With respect to the second, I can imagine several theories that might fit depending on the facts: right of privacy (esp. false light privacy), right of publicity, Lanham Act (false description of origin). However, I agree with Mr. Minahan that absent further information, the harm (if any) seems minimal, and is not likely to be taken seriously.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Wed Dec 02 1998 - 00:21:19 GMT