[HN Gopher] Our lawsuit against ChessBase
       ___________________________________________________________________
        
       Our lawsuit against ChessBase
        
       Author : EvgeniyZh
       Score  : 455 points
       Date   : 2021-07-20 17:09 UTC (5 hours ago)
        
 (HTM) web link (stockfishchess.org)
 (TXT) w3m dump (stockfishchess.org)
        
       | camjohnson26 wrote:
       | FYI if anybody's looking for a chessbase alternative I use a
       | combination of SCID vs. PC, Caissabase, and Stockfish to roughly
       | clone it. I'm sure chessbase has a lot more features but these
       | alternatives are good enough for an amateur like me.
       | 
       | https://sourceforge.net/projects/scidvspc/
       | http://caissabase.co.uk/
        
         | jeremyjh wrote:
         | I have desperately been looking for software where I can:
         | 
         | Build an opening repertoire from PGNs.
         | 
         | Drill that using spaced repetition (like Chessable)
         | 
         | Import all my games from Lichess and Chess.com
         | 
         | Tell me when I deviate from my repertoire in those games.
         | 
         | Do you know of a software or combo that can achieve that?
        
           | chaosmachine wrote:
           | I really like Listudy for drills, it imports from Lichess
           | studies (which you can create from PGNs):
           | 
           | https://listudy.org/
           | 
           | Also Opening Tree for bulk analysis:
           | 
           | https://www.openingtree.com/
           | 
           | They're both free and open source.
        
             | jeremyjh wrote:
             | Opening Tree is great and I use it a lot but it does not
             | persist my games - I have to download them every time I use
             | it. But I'd love an app with that interface that could
             | persist the data and cross-check it with my repertoire. I
             | guess it would not have to be same tool as the repertoire
             | trainer, it just seems cleaner to have it all in one tool.
             | But you are right Listudy can help with the spaced
             | repetition, it just doesn't know anything about my games :)
        
         | alisonkisk wrote:
         | aside from working offline (which is important!), what are the
         | advantages over an online tool like lichess?
        
         | radicalcentrist wrote:
         | Have you tried ChessX, and if so, how would you say it
         | compares?
        
       | FlyingAvatar wrote:
       | The GPL's Termination clause allows Stockfish to terminate
       | ChessBase's use of the license, but does anything prevent someone
       | from forking the code and licensing it to Stockfish as an end
       | around? It seems like it would be very difficult to enforce.
        
         | ahmedalsudani wrote:
         | Stockfish still holds the copyright. You're using their code
         | with their license, and so does everybody you share that code
         | with.
        
         | admax88q wrote:
         | Forking the code doesn't fork the copyright ownership.
         | Stockfish still owns the code under their copyright regardless
         | of whether it lives in their repository or in some fork of
         | their codebase.
         | 
         | A forked project doesn't have the right to grant people
         | licenses to code which they don't own.
        
           | joshuaissac wrote:
           | Licences can give the right to sublicense under the same
           | terms. But the GPL does not, and each licensor gets the
           | licence directly from the copyright holder.
        
             | qubidt wrote:
             | That explains it perfectly, thank you. It also raises
             | interesting questions about the metaphysics of
             | copyright/intellectual property
        
           | rob_c wrote:
           | Thanks for making me stop and think twice about this.
           | 
           | Very good point.
        
         | mcguire wrote:
         | The copy would be a derivative of Stockfish, and (IIUC)
         | (NOTALAWYER) I believe by terminating ChessBase's use of the
         | license directly they would also prevent ChessBase from using a
         | derivative product. It shouldn't be any harder to enforce than
         | any other copyright violation (and I'd bet the court would not
         | be amused by ChessBase trying to do an end-run around their
         | license issues by introducing a third party.
        
         | r00fus wrote:
         | That would be a separate infringement. Once Stockfish wins
         | their case against ChessBase, it would likely mean easier wins
         | on any other infringement cases.
         | 
         | The viral nature of the GPL and other copyleft licenses
         | expressly allow this and put a healthy fear of improper OSS
         | reuse and deployment in most rational software companies.
        
       | spywaregorilla wrote:
       | Demand trial by combat. Opening move, e4.
        
         | fourseventy wrote:
         | c5
        
           | jeremyjh wrote:
           | Nf3
        
             | camjohnson26 wrote:
             | g6
        
           | [deleted]
        
           | spiantino wrote:
           | Ke2
        
             | dominicjj wrote:
             | Your opponent has disconnected [no bong clouds please!]
        
               | dane-pgp wrote:
               | They should have played out the position, it's a known
               | draw:
               | 
               | https://www.youtube.com/watch?v=zVCst6vyV80
        
         | tequila_shot wrote:
         | Best by Test - Fischer.
        
       | dang wrote:
       | Past related thread:
       | 
       |  _Open source chess developers warn about a commercial engine
       | based on Stockfish_ -
       | https://news.ycombinator.com/item?id=26185139 - Feb 2021 (130
       | comments)
       | 
       | I thought there were others - maybe someone will find one?
        
       | truthwhisperer wrote:
       | If you win it is checkmate right
        
       | MattGaiser wrote:
       | >Due to Chessbase's repeated license violations, leading
       | developers of Stockfish have terminated their GPL license with
       | ChessBase permanently. However, ChessBase is ignoring the fact
       | that they no longer have the right to distribute Stockfish,
       | modified or unmodified, as part of their products.
       | 
       | Can they just do that? How can software really be considered free
       | if the maker can later take away your permission to use it?
        
         | httpsterio wrote:
         | I don't think they can do that for already-released code unless
         | there's some clause in the licensing. For future code, they can
         | opt to change the licensing as long as it follows the existing
         | licensing and their possible code contribution agreements.
        
           | heavenlyblue wrote:
           | Well, but the other party already violated the clause of the
           | licensing.
        
           | metiscus wrote:
           | The GPL has a termination provision. See this comment:
           | https://news.ycombinator.com/item?id=27897105
        
         | lolbrels wrote:
         | >right to distribute
        
         | progman32 wrote:
         | See Section 8 of the GPLv3, "termination".
         | https://www.gnu.org/licenses/gpl-3.0.en.html
        
           | kyrra wrote:
           | Reading that, I don't see anything about the copyright holder
           | being able to manually terminate a license. Rather the
           | copyright holder can notify a party that is violating other
           | sections of the GPL3, and then the party can either remedy
           | those violations or lose their license to use the software.
           | 
           | Is ChessBase violating the GPL3?
           | 
           | EDIT: oh, I should read the article. They are saying
           | ChessBase modified the GPL software then redistributed it
           | without the original attribution or copyright.
        
         | monocasa wrote:
         | The termination clause has always existed in the GPL, including
         | the specific ways it can come into effect. It's the teeth of
         | the GPL.
        
         | mehrdada wrote:
         | The copyright holder can choose to do that only _after_
         | violations have occurred (and choose to permanently terminate
         | the license even after curing the violation). See the verbatim
         | quote from GPL3 in my other comment
         | https://news.ycombinator.com/item?id=27897105
        
         | theturtletalks wrote:
         | GPL and other copy-left licenses work in that way. If StockFish
         | was MIT licensed before, then ChessBase can use the latest
         | version with that license. They could even fork the repo at
         | that point and continue developing. If StockFish was always
         | GPL, then the license can be terminated.
        
         | colechristensen wrote:
         | Has the GPL ever really been tested in a US court?
         | 
         | My non-expert impression has been that open source licenses and
         | "licenses" that aren't ... explicit contractual agreements
         | between parties (i.e. not just click through or some text in a
         | download) do not have a particularly strong backing with law or
         | case law. Whether or not you "can or can't" do something with
         | regards to effectively making up rules that will be enforced by
         | courts with a blob of text in source code or a check boxes on
         | websites is still somewhat up in the air (somebody who knows
         | things feel free to correct my impressions).
        
           | bluGill wrote:
           | Most lawyers who read the GPL are not excited to go to court.
           | They will advise you are settle without going to court.
           | Lawyers generally want to feel like they have a chance at
           | winning a case in court before bothering, it doesn't feel
           | good to lose - even when you know in advance the case is
           | lost.
           | 
           | Don't read that as lawyers never go to court unless they will
           | win. This is obviously not true: there are many reasons to
           | take a case to court knowing you will lose it. However if a
           | case will be lost in court they will avoid court if possible.
        
           | mehrdada wrote:
           | Please note that without any license, the _default_ in the US
           | would be _all rights reserved_ for the copyright holder, and
           | thus does not permit you to redistribute without author 's
           | permission. Therefore, that particular argument alone
           | (without some additional _fair use_ or other claim) would
           | likely not fly in court in the violator 's favor (i.e. if you
           | did not agree to the GPL attached to it, _which_ license did
           | you think you have that permitted you to redistribute the
           | copyrighted work?)
        
             | dominicjj wrote:
             | Indeed.
             | 
             | "Your honor, the defendant is distributing my copyrighted
             | work without a license. Make him stop please."
        
       | trhway wrote:
       | >leading developers of Stockfish have terminated their GPL
       | license with ChessBase permanently
       | 
       | Is it possible with GPL?
        
       | gaius_baltar wrote:
       | Fat Fritz 2 is distributed in the Steam Store [1], which is under
       | US jurisdiction. Should not _this_ be a good use for DMCA take
       | down?
       | 
       | [1] https://store.steampowered.com/app/1587750/Fat_Fritz_20_SE/
        
         | mimsee wrote:
         | If a game gets DMCA'd, can the players who bought it still
         | continue playing?
        
           | Kye wrote:
           | They'll probably get a refund like with that unlicensed 1984
           | ebook incident.
        
           | LegitShady wrote:
           | Maybe but the person they purchased it from wasn't authorized
           | to distribute it or authorize them playing it.
        
         | TheGoodBarn wrote:
         | Never heard of ChessBase or the game before, but interesting
         | choice on them to copy the Microsoft Word look and feel for
         | their game haha.
        
           | NavinF wrote:
           | https://en.m.wikipedia.org/wiki/Ribbon_(computing)
           | 
           | Microsoft lets any program use that UI:
           | https://docs.microsoft.com/en-
           | us/windows/win32/windowsribbon...
           | 
           | I've only seen a few programs take up the offer though.
           | Probably because the style is almost synonymous with MS
           | Office as you've noted
        
         | ngngngng wrote:
         | > Fat Fritz 2* engine with a massive new neural network
         | 
         | Ah yes, the $80 Stockfish engine.
        
       | thom wrote:
       | While I think it's a shame that nobody has been able to sue
       | ChessBase for their software being utter garbage, I will cheer on
       | this equally worthy endeavour.
        
         | orwin wrote:
         | If company could be sued because their software are garbage,
         | you won't have a lot of company left.
        
           | sildur wrote:
           | That wouldn't be necessarily bad, though.
        
             | xondono wrote:
             | Except then _the courts_ would have to decide what
             | constitutes "bad software"...
        
               | ngngngng wrote:
               | All of it?
        
         | omega3 wrote:
         | How is it utter garbage, it has a good library, works
         | reasonably quickly and does analysis.
        
       | snow_mac wrote:
       | How can we contribute to a Stockfish go fundme?
        
       | londons_explore wrote:
       | > leading developers of Stockfish have terminated their GPL
       | license with ChessBase permanently.
       | 
       | Can the developers do this? I was under the impression that when
       | code is published on the web GPL licensed, the developers cannot
       | retroactively withdraw the license...
       | 
       | Or perhaps they are withdrawing the license for all _new_ code...
       | To publish some code as  "GPL, available for all _except_ this
       | person "? Is that allowed? Even if that were allowed, someone
       | else could use their rights under the GPL to redistribute it to
       | that person...
        
         | LocalPCGuy wrote:
         | See the termination clause. V3 provides some ways to get a
         | terminated license reinstated, v2 is a bit different I think.
         | This pull quote is from v3.
         | 
         | > 8. Termination.
         | 
         | > You may not propagate or modify a covered work except as
         | expressly provided under this License. Any attempt otherwise to
         | propagate or modify it is void, and will automatically
         | terminate your rights under this License (including any patent
         | licenses granted under the third paragraph of section 11).
         | 
         | https://www.gnu.org/licenses/gpl-3.0.en.html#section8
        
       | whocares2345 wrote:
       | I bet it's next to impossible to prove copyright in this case.
       | You would need to track down every last contributor and create a
       | legally valid authorship evidence that is recognized under German
       | legal doctrine. I would bet that having a email or even full name
       | in a git repository is certainly not enough. This is exactly why
       | for serious open-source projects that big companies depend on,
       | they always creat a legal body, usually consortium and formally
       | establish legal ownership of rights
        
         | lights0123 wrote:
         | Other way around. Just _a single_ contributor who licensed
         | their changes under the GPL can sue. The fact that it 's a
         | larger work doesn't matter, because each contributor's rights
         | were infringed, so they have the right to sue.
        
           | whocares2345 wrote:
           | Come to think of it - I agree. Anyone whose rights where
           | violated can sue. The challenge of proving authorship and
           | copyright still remains. Honestly not sure what if any
           | available options (git commits, file headers) are really
           | recognized. Basically I can claim that it is I that committed
           | the code under a pseudonym that matches someones real name.
           | Also you can find someone's namesake etc.
        
         | tzs wrote:
         | > I bet it's next to impossible to prove copyright in this
         | case. You would need to track down every last contributor and
         | create a legally valid authorship evidence that is recognized
         | under German legal doctrine.
         | 
         | I don't see why they would need every last contributor. They
         | only would need the contributors of the specific code that they
         | allege was copied. That Stockfish contains other code by other
         | contributors that may or may not have been copied would not be
         | relevant.
        
       | subroutine wrote:
       | Happy National Chess Day... you've been served.
       | 
       | (n.b. National Chess Day is today)
        
         | nhumrich wrote:
         | in which country?
        
           | subroutine wrote:
           | oops, "International" chess day.
        
       | bscphil wrote:
       | I've read through this thread and I haven't seen a simple summary
       | of the situation as it stands with respect to copying and the GPL
       | violation. Here's what I believe to have happened:
       | 
       | 1. ChessBase began selling the Fat Fritz 2 chess engine.
       | 
       | 2. It came to the attention of Stockfish developers that FF2 is a
       | Stockfish derivative "with a few lines of code modification". [1]
       | 
       | 3. Stockfish notified ChessBase of the violation and demanded
       | that they comply with the terms of the GPL. ChessBase responded
       | by releasing the source code of Fat Fritz 2, but not the neural
       | net weights created for use and distributed with FF2. [1]
       | 
       | 4. Key Stockfish developers regard the distribution of FF2
       | without the neural net weights used in creating the work to be a
       | violation of their rights under the GPL. ChessBase (apparently)
       | disagree - I don't see a press release on their website to
       | confirm their take on this.
       | 
       | This question appears to hinge on whether the weights constitute
       | part of a derived work under the GPL. This may depend on whether
       | the weights are "output" from running a covered program. Under
       | the GPL 3, the output of a program is only covered only if, given
       | its content, it constitutes a covered work (i.e. a part of a GPL
       | 3 covered program).
       | 
       | The exact technical details still aren't clear to me. If
       | ChessBase is willing to release any software that actually ships
       | with FF2 (e.g. the NNUE file) under the GPL, I think that would
       | cure their violation even if they don't release the code used to
       | produce the NNUE file. It's not clear to me whether or not they
       | have been willing to do this (I'm not totally sure what's meant
       | by "weights").
       | 
       | 5. Regardless of this, Stockfish developers likely have the right
       | to invoke the nuclear option (license termination). _Even though_
       | ChessBase have ceased their license violations, a GPL 3 copyright
       | holder may terminate your license under 2 conditions:
       | 
       | * If you have been notified of a GPL 3 license violation by the
       | same copyright holder (for any work) before, and the copyright
       | holder notifies you of the violation within 60 days after you
       | cease to violate the terms of the license.
       | 
       | * If you do not cure your violation of the GPL within 30 days of
       | notification, the copyright owner may terminate your license
       | regardless of whether you have previously been notified.
       | 
       | 6. There are two ways Stockfish potentially wins this lawsuit.
       | Either
       | 
       | (1) they argue that violation of the GPL license is ongoing, and
       | thus ChessBase have not cured their violation of the license
       | within 30 days and therefore they are within their rights to
       | terminate. This would hinge on the licensing status of the neural
       | net weights, as discussed above.
       | 
       | (2) They argue that at least one Stockfish copyright holder
       | involved in the lawsuit has notified ChessBase of a violation of
       | the GPL 3 before, and thus has the unconditional right to
       | terminate the license because ChessBase was notified within 60
       | days. This seems plausible enough given ChessBases's previous use
       | of their code [2] but I haven't found any statement that outright
       | says that they have previously notified ChessBase of a violation
       | of their GPL 3 licensed work.
       | 
       | [1] https://stockfishchess.org/blog/2021/statement-on-fat-
       | fritz-...
       | 
       | [2] https://lichess.org/blog/YCvy7xMAACIA8007/fat-fritz-2-is-
       | a-r...
        
       | Rd6n6 wrote:
       | In an online course recently, one module involved an API with an
       | attribution requirement that neither the instructor nor any
       | student was aware of - they specifically described it as free
       | use, no attribution required, because they were unaware. Despite
       | there having been more than 20k previous students, I was the
       | first person to mention mention this and link to the clause, and
       | the instructor was surprised.
       | 
       | Almost everybody skips reading the terms and licenses of things
       | 
       | In the chess case, the team probably assumed that open source
       | meant "do whatever you want," and nobody dug any deeper than
       | that, and now they're getting sued
       | 
       | Edit: the comments below say that they knew about the license
       | issue for years
        
         | dkural wrote:
         | This is entirely inaccurate. Chessbase is a company, and has
         | been well aware of these licensing issues. They've purposefully
         | renamed and scrubbed OS code to sell it for profit and pass it
         | on as their own.
        
         | matheusmoreira wrote:
         | > Almost everybody skips reading the terms and licenses of
         | things
         | 
         | Yeah, nobody reads this stuff. I've even seen developers fail
         | to understand the implications of the license they're applying
         | to their own code and then get mad when people do things that
         | are allowed.
         | 
         | Most people will not actually go to court over any of this
         | stuff either. Surprising to actually see someone getting sued
         | over licenses nobody reads.
        
         | molticrystal wrote:
         | Just look in the about/credits link in just about any studio's
         | game or software product and you will see it is standard
         | practice to look over and include licenses as needed of all 3rd
         | party libraries and code bases used in development and credit
         | them as appropriate.
         | 
         | While the end user might be sloppy on checking the license
         | aspect, developers certainly are aware at some stage,
         | especially commercial developers by the time they create or
         | modify their about dialog.
        
         | ghshephard wrote:
         | Any company past circa 2002sh or so, and definitely by 2005, is
         | intimately aware of their intellectual property
         | responsibilities, and, it's the _opposite_ problem that I 've
         | run into - in which tons of strawmen are thrown up as to the
         | danger of infecting products with open source licenses makes it
         | dangerous to touch the code. One of the reasons why BSD
         | licenses are so attractive to corporations, is that they run
         | the lowest risk. GPLv3 is obviously a non-starter for most
         | companies, with GPLv2 falling somewhere in the middle.
        
           | mehrdada wrote:
           | > GPLv3 is obviously a non-starter for most companies
           | 
           | "Non-starter" is a gross mischaracterization for GPLv3 for
           | _most companies_ , even most software companies, considering
           | there is quite a bit of GPLv3 software in a modern GNU+Linux
           | distro that they likely rely on.
        
             | setpatchaddress wrote:
             | I think the parent is referring to the code they ship as
             | part of their own products, which for most companies is
             | definitely not GPL3 if they can avoid it.
        
               | ghshephard wrote:
               | Thanks for clarifying that. I'm also definitely referring
               | to the software that companies ship that is _not_ meant
               | to be open source. GPLv2 is mostly safe as long as you
               | don 't link to it (Unless its LGPL and you dynamically
               | link).
               | 
               | Try and find a single major corporation in the world that
               | is willing to bind it's proprietary intellectual property
               | to GPLv3. It's a tribute, honestly, to that license that
               | most companies realize that they have to go all-in on
               | open-source (at which point GPLv3 is fine)
        
         | apetresc wrote:
         | This is a possibility in general, but not here. Chessbase has a
         | long history with this sort of thing, and they've been called
         | out repeatedly. They've even settled before, if I recall
         | correctly.
        
           | [deleted]
        
       | 29athrowaway wrote:
       | They may be able to use a MuZero derivative now.
        
       | bluesign wrote:
       | From older blog post:
       | 
       | "In particular, the license states that if one redistributes a
       | program derived from our work, the corresponding modifications of
       | our sources and all information needed to build that program must
       | be made available. Only after explicitly informing Albert Silver
       | (the author of the net in Fat Fritz 2) of a license violation
       | have matching C++ sources, but not the net weights, been made
       | available. Obviously, we condemn the approach taken."
        
         | subroutine wrote:
         | Say I use GNU licensed software to train a neural net, using
         | data I collected and labeled. I am completely transparent about
         | the code I used, and cite/share any ad hoc code
         | modifications...
         | 
         | Should I be legally compelled to share the net weights of my
         | trained NN?
        
           | komon wrote:
           | Programs compiled with GCC are not GPL by extension. Arguably
           | the net weights are a kind of program themselves.
           | 
           | If you have a non-GPL license to use and redistribute the
           | data you use to train the neural net, I would imagine not.
        
           | DannyBee wrote:
           | There are long running disagreements about what this means
           | under GPLv2 in various cases.
           | 
           | Under GPLv3, the answer is explicitly clear: "The output from
           | running a covered work is covered by this License only if the
           | output, given its content, constitutes a covered work."
        
             | subroutine wrote:
             | Sorry, but could you clarify whether the NN weights
             | constitute a covered work? If so, why? If not, what sort of
             | output would constitute a covered work?
        
       | apetresc wrote:
       | If this goes to trial, I think this might be the cleanest and
       | most straightforward test of the GPL in court we've had up to
       | this point?
        
         | qwertox wrote:
         | This will be easily won against ChessBase. They F'd up.
         | 
         | German court does care way too much for the "Urheberrecht" --
         | copyright -- and this is clearly a violation of it.
         | 
         | If they would let this go through, nobody would take the German
         | court serious again, and there is too much interest in not
         | letting that happen.
         | 
         | In any case, they also sell a music software called "Ludwig 3"
         | [1]. I now wouldn't be surprised if it also makes improper use
         | of OSS libraries.
         | 
         | [1] http://www.komponieren.de/arrangieren.html
        
           | MikeDelta wrote:
           | Sounds like a business model.
        
         | reedciccio wrote:
         | IIRC the GPL has been tested in German courts before. Would
         | this be any different from other GPL violation in court like
         | this one https://gpl-violations.org/news/20060922-dlink-
         | judgement_fra...?
        
         | dsiegel2275 wrote:
         | I agree. Likely a quick checkmate in court.
        
           | wiz21c wrote:
           | Stockfish has an opportunity to make money here. No?
        
             | [deleted]
        
             | elmo2you wrote:
             | I'm definitely not a lawyer/expert on this, even less about
             | Germany specifically, but isn't actual financial damage
             | required for financial compensation? While Stockfish might
             | have suffered damage from ChessBase's behavior, if it can't
             | be clearly specified as monetary damage, I don't really see
             | how they could make money from this.
             | 
             | On the other hand, if ChessBase is found (and ruled) to
             | have distributed software illegally, the company and its
             | executives might have another problem. I don't know the
             | specifics of German law, but I believe that distributing
             | software (or any product) illegally is actually a criminal
             | offense (no longer a civil dispute). That could
             | (theoretically/eventually) lead to criminal prosecution and
             | who knows .. jail time?
        
               | adrianba wrote:
               | I don't know about German law specifically, but damages
               | can be shown in a variety of ways. In the US, courts have
               | recognized publishers of open-source software as
               | receiving value from having made source code available at
               | no charge, such as reputational gain or adoption leading
               | to future sales of related products or services.
        
               | chippiewill wrote:
               | Additionally the possibility to relicense the software to
               | the offender under commercial terms and gain direct
               | monetary value.
               | 
               | Presumably it's important to establish damages (at least
               | in a US jurisdiction) because otherwise they wouldn't
               | have standing to bring a lawsuit.
        
               | jeremyjh wrote:
               | Step 1. Hire an expensive attorney. Step 2. Sue to
               | recover attorney fees.
        
               | germanier wrote:
               | In German court proceedings you can only recover attorney
               | fees up to the (pretty low) legal fee schedule (RVG).
               | Anything above that you will have to pay yourselves
        
               | mananaysiempre wrote:
               | GP's joke, I suspect, was that in practice every bit of
               | money they get from the lawsuit, whether it is labeled
               | "attorney fees" or not, is likely to go towards
               | compensating the legal team, and not to the actual
               | injured party. Which does not contradict your statement.
               | 
               | (Part of the point of having a legal fee schedule is, I
               | suppose, to put a damper on the prices of legal help,
               | because, like in medicine, the demand is otherwise
               | extremely inelastic: when you need it, you _really_ need
               | it. That does not appear to work. I wonder if there is an
               | approach that would work.)
        
               | mmcdermott wrote:
               | The short answer would be to make legal representation
               | less valuable. Ensure that all cases (civil, criminal or
               | otherwise) are tried and concluded quickly including
               | appeals and streamline the law so that there is a lot
               | less maneuverability. Lawyers wouldn't vanish (having
               | someone knowledgeable and with proper negotiating
               | distance will always be valuable), but they would lose a
               | lot of leverage.
               | 
               | Of course, if there's one thing that lawyers are less
               | likely to do than cap the earnings of their profession,
               | it's to devalue it entirely.
               | 
               | You could also increase supply by reducing the level of
               | qualification needed to become a lawyer. Increased
               | competition would drive prices down. That too is highly
               | unlikely.
        
               | groby_b wrote:
               | The German legal system does put somewhat of a damper on
               | "every bit of money". First, it can only be charged as
               | attorney fees, and if it exceeds the legal schedule, it
               | needs to be very clearly called out as an attorney fee
               | agreement. So "or not" is off the table.
               | 
               | Secondly, there is a morality clause with regards to
               | attorney fees, so usurious rates like some US attorneys
               | charge are harder to achieve.
               | 
               | This doesn't mean German attorneys are cheap. It's just
               | not quite as out of control as the US legal system.
               | (Though attorney's professional bodies are obviously
               | lobbying to make it easier to charge more)
               | 
               | The legal fee schedule _does_ put a damper on attorney
               | work, and more importantly, makes it somewhat easier to
               | predict costs should you need an attorney. If it 's
               | enough of a damper is open to interpretation. I
        
             | alexfromapex wrote:
             | It will be interesting, depends where jurisdiction falls
             | and how that jurisdiction interprets any alleged damages
             | since GPL content is normally released free of charge.
        
               | indymike wrote:
               | Copyright infringement can have large statutory damages
               | that have nothing to do with the actual financial damage
               | from the infringement.
        
               | yladiz wrote:
               | Case in point, the awards given against people who pirate
               | something like a movie which are completely detached from
               | the actual damage caused by the piracy.
        
               | rhizome wrote:
               | Yeah, that's what "statutory damages" means. In the US,
               | _if you have registered your copyright_ (distinct from
               | the automatic copyright that attaches at creation), you
               | are entitled to damages up to $150,000 _per
               | infringement_. If 1,000 people can be proven to have
               | downloaded that movie from you, that would be an
               | unwelcome bill indeed. If 10,000, well then now you 're
               | starting to talk about real money.
        
               | DaiPlusPlus wrote:
               | "Deterrent value", apparently.
        
               | occamrazor wrote:
               | Statutory damages are virtually non-existent in Europe.
        
               | Jolter wrote:
               | In Germany? Are you sure about that?
        
               | PennRobotics wrote:
               | It seems there has already been one similar case in
               | Germany where an open source copyright violation occurred
               | but no damages could be awarded. Specifically, a higher
               | court overturned the damages permitted by a lower court.
               | 
               | (in German) https://www.cmshs-bloggt.de/gewerblicher-
               | rechtsschutz/urhebe...
        
           | dheera wrote:
           | Hard to say, very often the sour-cream-and-onion-tiff* cannot
           | afford the same quality of lawyers that the plain-tiff can.
           | 
           | * I don't know what the opposite of a plain-tiff is
        
             | Gaelan wrote:
             | Defendant, for the record, but your term is way better.
        
             | alisonkisk wrote:
             | Plaintiff and Defendant.
             | 
             | Complainant and Respondent
        
       | alisonkisk wrote:
       | > leading developers of Stockfish have terminated their GPL
       | license with ChessBase permanently.
       | 
       | How practical is this, under GPL?
        
         | LegitShady wrote:
         | Someone else copied GPL's termination clause above...it's
         | practical.
        
       | anonymousiam wrote:
       | Hmmm. GPL cases in German courts don't always produce the
       | expected outcome.
       | 
       | https://www.zdnet.com/article/linux-developer-abandons-vmwar...
        
         | ahmedalsudani wrote:
         | Nothing always produces the expected outcome :)
         | 
         | Lower courts are usually not where you get good decisions in
         | novel cases like GPL enforcement.
        
         | Tomte wrote:
         | If the court tells you to prove that you're holding copyright,
         | and you just say "go on GitHub and see for yourself" (yes,
         | really!) and the court even gives you another chance with
         | another deadline and you don't reply, then yes, I fully expect
         | the court to say "if you don't want to show central
         | prerequisites of the case (standing), then you do you."
         | 
         | Former comment at the time:
         | https://news.ycombinator.com/item?id=12254911
        
       | nichch wrote:
       | > Due to Chessbase's repeated license violations, leading
       | developers of Stockfish have terminated their GPL license with
       | ChessBase permanently.
       | 
       | What do they mean by this?
        
         | mehrdada wrote:
         | From GNU GPL v3:
         | 
         | 8. Termination.
         | 
         | You may not propagate or modify a covered work except as
         | expressly provided under this License. Any attempt otherwise to
         | propagate or modify it is void, and will automatically
         | terminate your rights under this License (including any patent
         | licenses granted under the third paragraph of section 11).
         | 
         | However, if you cease all violation of this License, then your
         | license from a particular copyright holder is reinstated (a)
         | provisionally, unless and until the copyright holder explicitly
         | and finally terminates your license, and (b) permanently, if
         | the copyright holder fails to notify you of the violation by
         | some reasonable means prior to 60 days after the cessation.
         | 
         | Moreover, your license from a particular copyright holder is
         | reinstated permanently if the copyright holder notifies you of
         | the violation by some reasonable means, this is the first time
         | you have received notice of violation of this License (for any
         | work) from that copyright holder, and you cure the violation
         | prior to 30 days after your receipt of the notice.
         | 
         | Termination of your rights under this section does not
         | terminate the licenses of parties who have received copies or
         | rights from you under this License. If your rights have been
         | terminated and not permanently reinstated, you do not qualify
         | to receive new licenses for the same material under section 10.
        
           | kragen wrote:
           | GPLv2 has the termination provision but doesn't have the
           | automatic-reinstatement provisions.
        
         | [deleted]
        
         | porphyra wrote:
         | GPL allows you to use and distribute open-source code as long
         | as you follow certain conditions like open sourcing derivatives
         | under the GPL.
         | 
         | Since Chessbase has not done that, Stockfish devs are no longer
         | allowing Chessbase to use their code.
        
         | InvaderFizz wrote:
         | Absent a license, ChessBase has no right to distribute any of
         | the Stockfish code.
         | 
         | This simply reverts the code to copyrighted content, much like
         | a book.
        
           | dmurray wrote:
           | I think they've revoked even Chessbase's license to _use_ the
           | code. So, not like a book, where if you have the physical
           | copy you can generally read it, but more like a pirated copy
           | of Windows or Oracle, where you owe license fees per user,
           | per core, per day.
        
             | pessimizer wrote:
             | > So, not like a book, where if you have the physical copy
             | you can generally read it
             | 
             | So like an ebook then. We don't have a good distinction in
             | English between a) medium-length arrangement of words and
             | punctuation and b) book.
        
               | Kye wrote:
               | Document
        
             | gpm wrote:
             | I'm not sure if it's settled law on whether or not you need
             | to license to use code...
        
               | thomasahle wrote:
               | Isn't it normally the case that you need a license to use
               | software products made by other people?
               | 
               | Like, if I ran Windows on a server and Microsoft revoked
               | my license. Surely that's tested in a court at some
               | point?
        
               | gpm wrote:
               | It's not settled law, but IMO probably not, I don't
               | believe it's ever been tested in court.
               | 
               | Windows comes with a click-wrap _contract_ that you agree
               | to when you install it, that restricts certain things you
               | could usually do. So it 's a bit of a bad example... but
               | I'll use it anyways.
               | 
               | What does (generally, not legal advice, not a lawyer)
               | need a license is making a copy of the software, i.e.
               | installing windows onto your computer actually makes a
               | copy, or making a copy of the installer for your friend -
               | makes a copy. Just booting up the machine that already
               | has windows installed on, that's (probably) not copyright
               | infringement even if you don't have a valid license. It
               | might be breach of contract depending on what contracts
               | you have agreed to though! Physically giving your friend
               | the computer with windows already installed on it, is
               | similarly not copyright infringement. Cloning the hard-
               | drive so you now have two hard-drives with windows
               | installed, _that 's_ copyright infringement.
        
               | dboreham wrote:
               | I don't think it quite works that way: the license is
               | really just an agreement between the user and the rights
               | holder that they will not sue for infringement. So use
               | without license really means "you may expect to be sued".
               | The outcome of that suit would determine whether or not
               | you "need to license to use code". I'm guessing there
               | have been many cases where the copyright owners for some
               | code sued someone for using it and won.
        
               | gpm wrote:
               | For distributing it, making copies of it, and violating
               | contacts, definitely. For using a program already on a
               | computer with no click through contract that you agree to
               | to run it (or other contractual obligation), I'm not
               | aware of any cases.
               | 
               | That they can sue is a non statement, you can sue for
               | anything, but I don't believe it is obviously (or even
               | likely) copyright infringement...
        
               | TeMPOraL wrote:
               | Even if you could _execute_ the code you somehow
               | obtained, but for which you 've somehow lost the license,
               | for ChessBase it becomes worthless, as they can no longer
               | distribute - whether sell or give away - anything
               | building up on it.
        
               | dmurray wrote:
               | They do also have a cloud offering - you pay them to
               | evaluate a chess position on their computer - so I could
               | see the license to use the code being important, though
               | it's separate to their flagship offering of shrinkwrap
               | software.
        
               | LocalPCGuy wrote:
               | To be clear, it would be ChessBase that would be sued,
               | not individual users. And ChessBase would be the one
               | allegedly in violation of "distributing it, making copies
               | of it, and violating contracts". Since their license to
               | use Stockfish seems to be revoked, it seems like it would
               | fall under copyright infringement at that point (although
               | up to the courts to decide, of course).
        
               | gpm wrote:
               | Certainly, I'm just responding to "So, not like a book,
               | where if you have the physical copy you can generally
               | read it"
               | 
               | As far as I know it _is_ like a book, if you have a copy
               | you can read (execute) it, you just can 't make new
               | copies for your customers.
               | 
               | Whether or not that helps ChessBase... well... ya...
        
               | kragen wrote:
               | Licenses, in general, promises rather than agreements:
               | 
               | https://www.britannica.com/topic/license
               | 
               | https://en.wikipedia.org/wiki/License
               | 
               | https://legal-dictionary.thefreedictionary.com/License
               | 
               | Using software is not one of the enumerated rights
               | reserved to a copyright owner. Copying and distributing
               | it are. So it's unclear whether a copyright owner has
               | standing to sue you for using their software without a
               | license. In the US there is conflicting caselaw, hinging
               | on the legal status of the temporary copy made in the
               | computer's RAM when a program is launched.
        
           | sneak wrote:
           | Revert is not the correct term. GPL-licensed code is still
           | and always copyrighted, even when GPL-licensed. The GPL is
           | itself a copyright license.
           | 
           | Only CC0/WTFPL/Public Domain are renunciations of copyright.
        
             | SahAssar wrote:
             | Even then, IIRC CC0 is not that easy to apply to code (even
             | CC do not recommend it for that:
             | https://creativecommons.org/faq/#can-i-apply-a-creative-
             | comm... ), WTFPL is entirely untested (even more so than
             | GPL/MIT which are also not entirely tested in courts) and
             | some regions do not recognize public domain. For example
             | sqlite sells a license for what is public domain code
             | partially for the reason of "You are using SQLite in a
             | jurisdiction that does not recognize the public domain" and
             | "You are using SQLite in a jurisdiction that does not
             | recognize the right of authors to dedicate their work to
             | the public domain".
             | 
             | Also, when it comes to code dedicated to public domain it
             | is good to consider what wikipedia says about implied
             | warranty: "The licensing process also allows authors,
             | particularly software authors, the opportunity to
             | explicitly deny any implied warranty that might give
             | someone a basis for legal action against them." It is
             | always good to include a clause saying that there is no
             | warranty, implied or otherwise (unless of course you
             | provide a warranty, which you _probably_ should not do
             | without restrictions on OSS code).
        
               | Hello71 wrote:
               | > the CC0 Public Domain Dedication is GPL-compatible and
               | acceptable for software.
        
               | SahAssar wrote:
               | The link I provided from the authors of the license also
               | says "We recommend against using Creative Commons
               | licenses for software."
               | 
               | They say it's compatible, but not recommended.
        
             | hvdijk wrote:
             | CC0 and WTFPL are also copyright licenses. Works available
             | under these licenses can be used with very few restrictions
             | (basically, as few as permitted by law), but the works are
             | still copyrighted.
        
               | sneak wrote:
               | I don't believe that this is accurate.
        
               | TeMPOraL wrote:
               | Quoting from https://creativecommons.org/share-your-
               | work/public-domain/cc..., emphasis mine:
               | 
               | "Unlike the Public Domain Mark, CC0 should not be used to
               | mark works already free of known copyright and database
               | restrictions and in the public domain throughout the
               | world. However, it can be used to waive copyright and
               | database rights _to the extent you may have these rights
               | in your work under the laws of at least one jurisdiction_
               | , even if your work is free of restrictions in others.
               | Doing so clarifies the status of your work unambiguously
               | worldwide and facilitates reuse."
               | 
               | As I understand it, you can't just waive copyright on
               | your own work - copyright is something you get
               | automatically in most jurisdictions on the planet.
               | Licenses like CC0 and WTFPL are operating _within_ the
               | copyright regime - they use the laws to make your work
               | behave _as if_ it was not subject to copyright - but they
               | can 't actually make your work not copyrighted.
               | 
               | It's like a difference between simulation and reality.
               | CC0, WTFPL, etc. are simulating a copyright-free reality
               | on top of the copyright system. No matter how close to
               | perfect they get, it's still a simulation, and copyright
               | is the underlying runtime.
        
               | Gaelan wrote:
               | It depends on jurisdiction. Some places (I think the US
               | is one of these) do allow you to put works in the public
               | domain, and CC0 does that where possible. The "as if"
               | license is a fallback.
        
               | Xylakant wrote:
               | It's simplified, but more or less accurate. CC0 is an
               | attempt at making a public domain deed possible for
               | jurisdictions that do not know public domain deeds like
               | the US does. German Urheberrecht is not entirely like US
               | copyright, some rights of the author are impossible to
               | waive. So CC0 has a fallback for those jurisdictions, it
               | grants a license to the fullest extend possible under the
               | law. https://creativecommons.org/publicdomain/zero/1.0/le
               | galcode
        
             | [deleted]
        
         | Y_Y wrote:
         | I suppose they were providing the stockfish software to
         | Chessbase (and everyone else) under the GPL, but now they won't
         | do that any more.
         | 
         | I don't think that prevents somebody sympathetic (if such a
         | person exists) from re-distributing it to Chessbase though.
        
           | Scarblac wrote:
           | It doesn't stop another person redistributing -- but then
           | Chessbase still has no license for the copy they received. It
           | doesn't help them.
        
           | FartyMcFarter wrote:
           | > I don't think that prevents somebody sympathetic (if such a
           | person exists) from re-distributing it to Chessbase though.
           | 
           | Would this be legal?
        
             | gnud wrote:
             | Don't think it's a problem to give them the code, as long
             | as your own license isn't terminated.
             | 
             | But it would be a breach of copyright for Chessbase to
             | distribute or modify the code, after their license has been
             | terminated.
        
             | greenshackle2 wrote:
             | No. Stockfish owns the copyright to their code. You can't
             | copy stockfish code without a license from stockfish.
             | There's no provision in the GPL for some third party to re-
             | grant a GPL license to someone else after their license was
             | terminated.
        
         | mdoms wrote:
         | It means they are in further violation of a license they
         | already disregarded.
        
         | vmception wrote:
         | So everyone can use it but can be individually revoked?
         | 
         | Seems inefficient, but I understand if thats their only remedy,
         | as provided by their own license
        
       | jonnycomputer wrote:
       | How often does this happen, and closed source actually gets away
       | with it?
        
       | rocketcity wrote:
       | If you are looking for more details on this Chris Callahan of
       | Lichess.org provided some commentary on this issue in Episode 221
       | of the Perpetual Chess Podcast
       | (https://www.perpetualchesspod.com/new-blog/2021/4/6/episode-...)
        
       | SloopJon wrote:
       | The current title is "Our lawsuit against ChessBase - Stockfish -
       | open-source Chess Engine", which I found confusing. Is Stockfish
       | being sued? Does it belong to ChessBase? I suggest sticking with
       | the simpler title from the blog, "Our lawsuit against ChessBase".
        
         | dang wrote:
         | Fixed now.
        
         | parsecs wrote:
         | Looks like OP didn't clean up the url while submitting, it
         | defaulted to page title.
        
           | shadeslayer_ wrote:
           | Or maybe they didn't editorialize it because HN frowns upon
           | that sort of thing.
        
           | SloopJon wrote:
           | You're right. I didn't see that text anywhere on the page,
           | but it indeed comes from the title element. It doesn't fit in
           | the tab, but I see it now in the tooltip when I hover over
           | the tab in Firefox.
        
         | variaga wrote:
         | I'd suggest: "Our (Stockfish) lawsuit against Chessbase"
        
           | nefitty wrote:
           | Stockfish's lawsuit against Chessbase
        
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