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 Post subject: Re: Copyright as applied to Go Problem books
Post #21 Posted: Sun Oct 03, 2010 4:41 am 
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kokomi wrote:
Bill Spight wrote:
kokomi wrote:
Pro games are copyrightable?


Aren't they creative works? :)


To me, that's creative thought :)

Will joseki be copyrightable later then? :D


As far as I understand they are not creative works, but rather records of an event, in the same way that baseball box scores or records of an event. One might want to object for various reasons, but I'm pretty sure that's the way copyright law has always looked at such things.

If, however, a go game were a creative event - played on a stage in front of a paying audience - perhaps that might be different. But I think any sport/game is treated as a non-creative work.

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 Post subject: Re: Copyright as applied to Go Problem books
Post #22 Posted: Tue Oct 05, 2010 8:41 am 
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Bill Spight wrote:
My impression is that in Japan and Korea, and probably China, pro games are copyrightable, as are problems.


I've never had a firm answer on this question. What I can't quite figure out is whether copyright is actually exists or it is observed as a courtesy by everyone in the go world.

It may be that the publishers of go material pay a royalty of sorts to the Nihon Ki-in et al. in order to remain on good terms--it's tough to imagine professional go players being willing to continue dealing with a publishers who threatens their livelihood by not paying royalties. It may also be that there is actually an enforceable copyright on the game records in Asia.

I don't know if we'll see an answer in our lifetimes. It may be that conflict won't occur until the Western go market becomes lucrative enough that the Asian publishers aren't willing to ignore the current small-scale copying that goes on.

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 Post subject: Re: Copyright as applied to Go Problem books
Post #23 Posted: Tue Oct 05, 2010 10:02 am 
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Most of my dealing with copyright are from the world of art and creative expression. An "idea" is not copyrightable (at least in the US), a particular "expression" of the idea may be copyrighted. Works of expression that substantially derive from a particular (copyrighted) expression may be in infringement of copyright. Thus I can't release my own sequal to "Gone With the Wind" or colorize "Casablanca" and claim it is an original work.

With games it becomes complicated. I can copyright my own unique phrasing of the rules of Go. Doing so does not however give me any hold over the actual mechanisms of play that are expressed in the rules.

Copyright might be upheld for the first publisher of a particular problem as the conventional depiction of circles of black and white on a grid of lines. If someone were to re-write the problem using Cartesian co-ordinates to locate the stones, that would be a seperate expression of the "idea" of the problem, at least that is what I would argue.

I expect that ultimately the question of who, if anyone, "owns" Go problems will come down to the side with the deepest pockets to hire lawyers to argue thier case for them.

At present, I do not believe there is enough money at stake in the West for it to become an issue before the courts, except in cases of simple plageurism. In the East, where the game has a much longer history and greater financial stakes, the question may well have been decided in both law and custom a long time ago.

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 Post subject: Re: Copyright as applied to Go Problem books
Post #24 Posted: Tue Oct 05, 2010 10:09 am 
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dave wrote:
At present, I do not believe there is enough money at stake in the West for it to become an issue before the courts, except in cases of simple plageurism. In the East, where the game has a much longer history and greater financial stakes, the question may well have been decided in both law and custom a long time ago.


As far as I know there are many similar cases, dealing with chess, and with different sports. While not specific to go, they would certainly apply.

http://www.chessvibes.com/columns/copyr ... -the-wall/

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 Post subject: Re: Copyright as applied to Go Problem books
Post #25 Posted: Tue Oct 05, 2010 10:49 am 
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kirkmc wrote:
As far as I know there are many similar cases, dealing with chess, and with different sports. While not specific to go, they would certainly apply.

http://www.chessvibes.com/columns/copyr ... -the-wall/


Do you have a link to any of the many similar cases? I've never been able to find one, and the blog entry that you give comments the same: "From a legal point of view, I haven’t been able to find any laws or jurisprudence on the this matter, even though many commenters have said that there are certainly laws that deal with this question."

Even the case being commented about in the blog doesn't do much. The Bulgarian Chess Federation made a legal threat and it was never litigated because the defending side thought it wasn't worth the money.

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