Morals and Ethics In Chess The Chess Equipment Business

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Avatar of Gomer_Pyle
MCH818 wrote:

@Gomer_Pyle Were you aware set #2 and #3 were different before you purchased it? I ask because when I bought my Noj 1950 set, I was not aware the current design was different when I made the purchase. I was pretty shocked when I found out.

No, I didn't know they were different. The first Marshall I bought was an imperfect set so HOS had pictures of that actual set. I liked it a lot so when the rosewood and then the bud rosewood went on clearance I bought them to have a set in each wood. I just assumed (yeah, I know) that one Marshall would look like another and they would all resemble their pictures. Disregarding minor differences in the knight carvings. My first two look enough alike and like the HOS pictures that I was completely happy with them. The knights in the third set are not even close, in my opinion. I asked Steve if I could swap the set or at least exchange the knights. He said he looked at the remaining sets they had and they were all the same as the knights I had. Since they were being discontinued it was my last chance to get the bud rosewood set. The wood was nice and I could mostly ignore the knights OTB so I kept it. I know they're back at HOS but comparing the two pictures above I wouldn't call them the same set.

I didn't mean to derail this thread. Ethics in business is something we should all consider in any transaction. Years ago I was looking to buy a house but the owner was doing some things I thought were a little shady. My lawyer told me "This is a business deal. Ethics have nothing to do with it." I don't have that house and I don't have that lawyer. Chess sets can have any design or shape. I just feel that the same sets from the same retailer should closely match each other. I also feel that if you're going to name a set after one of the accepted Jaques standards it should actually look like that standard.

Avatar of Durcasi
Eyechess wrote:

From Noj.si

Our production is based on original drawings and samples owned by »Šahovska naklada» (Croatia).  They gave us exclusive permission to use copyrighted plans to recreate this timeless chess set. Now you can own this important, historical chess set.””

 

Although the OP is (presumably) quoting this as convincing evidence of licensing, there's very little in the language that appears to reinforce legal exclusivity. I don't see much there beyond an _implication_ of legality - in other words, what the reader, a prospective buyer, is supposed to believe. A lawyer could tear it to shreds in five seconds.

 

Using supposedly copyrighted plans to create something is not the same as the thing created being covered by copyright (or any other IP protection). Saying that something is copyrighted is not proof that it actually is copyrighted. Giving exclusive permission - or being said to have done so - is not proof that anyone has legal ownership of a design, or the legal right to assign exclusive permission.

 

Reading this thread, the OP seems to be making major assumptions about what counts as IP, covering any gaps with "it might not be illegal, but it's unethical and dishonest", and then imposing that on everyone who buys chess pieces as something they should consider before buying. But I have strong doubts about whether any chess pieces can be copyrighted, further doubts about whether many pieces ever are, and yet further doubts about jurisdictions for any rights that do exist, as the laws will vary considerably from one country to another.

 

So far, I haven't seen convincing arguments in this thread that chess pieces are either legally protected designs, or that it is morally dubious to make knockoffs. 

Avatar of DrChesspain

Like others in this thread, I'm not willing to assume that Cammarata has the legal protections eyechess is asserting, nor even the ethical high ground that only he can sell sets similar to ones he has designed. 

Since we're talking about ethics among chess sellers, I'm more offended by the branding for the Ultimate Chess Set, since:

1.  Fischer had no association with this set;

2.  Fischer was known to normally refuse any attempts to commercialize his name.

3.  Fischer's estate undoubtedly never gave permission nor is receiving royalties from the gross abuse of his name in a logo. 

Avatar of MCH818
Gomer_Pyle wrote:
MCH818 wrote:

@Gomer_Pyle Were you aware set #2 and #3 were different before you purchased it? I ask because when I bought my Noj 1950 set, I was not aware the current design was different when I made the purchase. I was pretty shocked when I found out.

No, I didn't know they were different. The first Marshall I bought was an imperfect set so HOS had pictures of that actual set. I liked it a lot so when the rosewood and then the bud rosewood went on clearance I bought them to have a set in each wood. I just assumed (yeah, I know) that one Marshall would look like another and they would all resemble their pictures. Disregarding minor differences in the knight carvings. My first two look enough alike and like the HOS pictures that I was completely happy with them. The knights in the third set are not even close, in my opinion. I asked Steve if I could swap the set or at least exchange the knights. He said he looked at the remaining sets they had and they were all the same as the knights I had. Since they were being discontinued it was my last chance to get the bud rosewood set. The wood was nice and I could mostly ignore the knights OTB so I kept it. I know they're back at HOS but comparing the two pictures above I wouldn't call them the same set.

I didn't mean to derail this thread. Ethics in business is something we should all consider in any transaction. Years ago I was looking to buy a house but the owner was doing some things I thought were a little shady. My lawyer told me "This is a business deal. Ethics have nothing to do with it." I don't have that house and I don't have that lawyer. Chess sets can have any design or shape. I just feel that the same sets from the same retailer should closely match each other. I also feel that if you're going to name a set after one of the accepted Jaques standards it should actually look like that standard.

I would definitely be upset not knowing about the differences especially if the product differs from the photos. To me that is not acceptable. It is also not fair to the consumer. I would not call it unethical if it was just a mistake in not updating the photos. If the seller knows the photos are wrong and still leave it that way then that would be unethical.

Also, I am not sure  how to feel about the Marshall sets being different. I believe things like this happen a lot. I looked at a lot of old threads about reproduction of Jaques sets and some of those old sets look nothing like the ones today. The one that comes to mind the most is Official Staunton.  I remember seeing a thread about their 1849, 1851 and 1870 set from 2017 (I believe) and it looks different than the sets under a similar label that OS produces today. Of course OS changes their sets a lot. Their Cooke 3.5" from 2019 is different than the one they have now. I know because I wanted their JJ Cooke 3.5" but OS was out of stock earlier this year. HoS is a little different. Their product lines stay the same for years and years, so I wouldn't expect them to be different.

Avatar of Eyechess

In all fairness, Frank named this set before he named the Jaques Marshall.  And he called it the Marshall to avoid a name conflict with a Jaques set he wholesaled to Jaques.

I don’t think the current owner of HoS is that sensitive to these piece differences by name.

Avatar of chessroboto

DrChesspain: You should have brought that up with Shelby in the forum posts that he monitors. I'm sure he would have responded to your opinion.

Avatar of Eyechess

I never said Frank had, or did not have, any legal rights to the fabrication of any Chess set.  Let’s get this clear.  I wrote and discussed moral and/or ethical considerations.  This is the title of my topic.

I do disagree with someone that says a fellow that has created a Chess set design for his professional and commercial uses, should not expect any exclusivity.

When the manufacturer that was under agreement to make that specific design exclusively for an individual, then starts selling that same production direct, this is not honorable.

Copies of the set are kind of tacky.  But usually the copies are not made as well as the originals and therefore pale in comparison in the long run.  This is the Rolex argument.

The practice of the last years has shown even if these things are not completely legal, we do not see any of the originators complaining by legally going after the fakers.  So it legally does not matter.

Avatar of Audioq
Eyechess wrote:

I do disagree with someone that says a fellow that has created a Chess set design for his professional and commercial uses, should not expect any exclusivity.

When the manufacturer that was under agreement to make that specific design exclusively for an individual, then starts selling that same production direct, this is not honorable.

Copies of the set are kind of tacky.  But usually the copies are not made as well as the originals and therefore pale in comparison in the long run.  This is the Rolex argument.

Agree to some extent. From an ethical (not legal) point of view it all depends on the amount of design/creativity that goes into a set. If the set is simply a rehash of the staunton design with a few changes I would be less inclined to think it deserves exclusivity than if it was a unique, new design.

I'm not sure the Rolex argument applies as Rolex is a vertically integrated manufacturer who controls every aspect of production. Indian chess sets are all manufactured by the same companies, using the same materials, processes, machinery and craftsmen for all their sets regardless of who sells them. I think HOS did (do?) seem to go the extra mile in terms of trying to get its reproductions closer to the original sets but I can't see how that would translate into longevity, better handling etc.

Avatar of Eyechess

I am speaking specifically of the individual creations of Gregor of Noj, and of Frank Camaratta like his Knights with that slotted mane.

The GM Pavasovic set of Noj is very specific and singular in design.  

it gets muddied a bit because Frank does have all his designs made by the India manufacturers that are not exclusive to him alone when they make all their sets.

Avatar of Audioq
Eyechess wrote:

I am speaking specifically of the individual creations of Gregor of Noj, and of Frank Camaratta like his Knights with that slotted mane.

The GM Pavasovic set of Noj is very specific and singular in design.  

it gets muddied a bit because Frank does have all his designs made by the India manufacturers that are not exclusive to him alone when they make all their sets.

Understood. NOJ sets do look different to others. I actually think its a shame that local manufacturers were lost in the 70s/80s/90s. Each locally produced set had something of a unique local character, whereas now all sets have a certain homogeneous quality since they all made in the same place using the same techniques.

Avatar of loubalch

A contract is never a guarantee of performance. It's the basis of a lawsuit.

Avatar of Eyechess

Today, things are wide open.  The Chess Empire is most likely the best manufacturer of sets made in India.  So we now can buy these high quality sets at lower prices.

I know that I am very happy with my Chavet Reproduction from them that I recently bought.

Staunton Castle also makes high quality sets that they sell direct.

I wonder where Frank Camaratta now goes to have his sets made.

Avatar of Audioq
Eyechess wrote:

Today, things are wide open.  The Chess Empire is most likely the best manufacturer of sets made in India.  So we now can buy these high quality sets at lower prices.

I know that I am very happy with my Chavet Reproduction from them that I recently bought.

Staunton Castle also makes high quality sets that they sell direct.

I wonder where Frank Camaratta now goes to have his sets made.

Did HOS not use an indian maker called JS Arts at some point?

Avatar of Eyechess

That sounds familiar.

Avatar of zagryan
Eyechess wrote:

I refused to buy the CB version of that Tal 1960 set.  While I did still buy other stuff from them.

(Sorry I'm late to the discussion but hey this post is only 5 days old.)

@Eyechess - You insist that CB has copied Noj's Tal set. Would you also consider HOS to have copied Noj with their recent Tahl set from The Camaratta Collection?

This is not a criticism. Just trying to understand the logic behind the debate. After all, most of these sets sold by manufacturers and/or distributors are repros of the original.

(HOS Tahl Series Chess Pieces - 3.875" King)

Avatar of Eyechess

Oh, of course you’re right.

Back when this Tal 1960 set happened, we watched as cgrau and his friend paid someone to make technical drawings of the pieces based solely on some photos of tournaments using the set.

Then we saw how Gregor of Noj made a very high number of pieces to get it acceptable.  The set design was created only from the photos.
It was not too long after its release that some poster on here told of him contacting CB and having them copy the Noj set.  
This is why I said then and now that I would not buy the CB Tal set.

Later other companies including HoS had their copies made.  
I am lucky because I don’t like that set design so I won’t buy it anywhere.

I have no argument if someone wants to buy one of these copies.  

Yes even these work intensive reproductions, like the Noj Tal, are copies of the originals.  The actual actions of the industry shows it doesn’t matter.  

However, I can still have integrity and honor.  I can and will operate with my moral compass.  Others can and will do as they choose. 

Avatar of lighthouse

zagryan This is not a criticism. Just trying to understand the logic behind the debate. After all, most of these sets sold by manufacturers and/or distributors are repros of the original.

Eyechess

However, I can still have integrity and honor. I can and will operate with my moral compass. Others can and will do as they choose.

At some point this debate goes back to the chicken & the egg ?

And a luxury problem . Not everyone has money to go out and buy a Noj set or a over price HOS chess set for the USA market .

Most people who looking to buy a chess set are looking for a nice deal on what there can afford .

And Chess Empire & Stauntoncastle make very fine sets .

I would rather have the real thing not all these remakes of a chess set ?

 

 

 

Avatar of maik1988

When it comes to HoS I'm of the opinion that their value really depends on the set you're eyeing. I think they have some really good value stuff in the bracket until 500 USD but beyond that it gets pretty crazy pretty quickly. The pricing seems arbitrary as well at some stage. They had like 3 or 4 Fischer Spassky / 72 sets out at some point with vastly different prices (200 USD vs 600 USD IIRC). With very few if any discernible differences between the sets. That's crazy to me. I know, quality of the wood etc. etc., but still just absolutely insane. Same with their Sinquefield stuff. They had the sets the players actually used selling for close to 1500 USD (correct me if I'm wrong) while piece-for-piece pretty much exact copies of that set were selling for 500 USD. Their Cairns cup and Sinquefield sets look exactly the same to me also. 4.4 inch king Spassky set selling for 800 USD...?

Avatar of Eyechess

@Lighthiuse We are in agreement.  As maik1988 points out, not all HoS sets are overpriced.  I pride myself on buying the best value sets anywhere.  
@maik1988 I have never spent more than $540 for a Chess set from HoS and that was back in 2004.  I like to remember that HoS is not Frank Camaratta.  Under the current owner, they have used different manufacturers.  In this we have seen varying prices and quality.  When they sell a Camaratta set of his recent, last 6 years or so, design they pay him a commission on that. 
@sound67 You are legally correct.  However in the case of that specific Tal 1960 set, I disagree with you regarding morals.  Of course time has passed and we now see numerous copies of that set out there.  

Avatar of lighthouse
Eyechess wrote:

@Lighthiuse We are in agreement.  As maik1988 points out, not all HoS sets are overpriced.  I pride myself on buying the best value sets anywhere.  
@maik1988 I have never spent more than $540 for a Chess set from HoS and that was back in 2004.  I like to remember that HoS is not Frank Camaratta.  Under the current owner, they have used different manufacturers.  In this we have seen varying prices and quality.  When they sell a Camaratta set of his recent, last 6 years or so, design they pay him a commission on that. 
@sound67 You are legally correct.  However in the case of that specific Tal 1960 set, I disagree with you regarding morals.  Of course time has passed and we now see numerous copies of that set out there.  

With the death of Mr Bond .

Here's the history of the fall of lardy chess sets ? from the chess museum .

 
 

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