User923005 wrote:Without the code to examine (the result of reverse engineering is *not* the code) we are left with guessing "Did Vas modify existing code until it did what he wanted, or did he learn what Fabian was doing and then do something very similar himself?" I consider either outcome a possibility. The problem, as I see it, is that it is very, very difficult to tell which is which.
The way I understand things now, there are basically two separate accusations.
One is about literal code copying (with some modifications afterwards). The time allocation code allegedly is an example of this.
The other is about non-literal code copying. The set of common evaluation features allegedly is an example of this.
The two are not completely unrelated, but I would say they do not add up: if both can only be "half proven", this does not add up to a "full proof" of wrong doing.
Having the Rybka source would probably help for the first accusation, especially if there turns out to be much more than the few small pieces that I have seen so far. Those few pieces seem to allow for alternative explanations, especially since a lot of those pieces are explained e.g. by reading the UCI protocol. One could also wonder whether, even assuming those pieces were copied, this amounts to an infringement of Rule 2. The pieces are tiny compared to the whole programs and are hardly related to game play (sure, time allocation is a little bit game play related).
Suppose those tiny pieces had been copied with full permission from Fabien. Would Vas then have infringed Rule 2 for not entering Fabien's name as co-author on the form? I think not. (Note that Fabien (not) giving permission is not an element of Rule 2: whether he gave it or not does not change whether Vas violated Rule 2 or not.)
The second accusation I have already discussed in my comment above. I don't have the impression that having the Rybka source code would make much difference here. The code implementing the evaluation featurse was certainly not copied. It is completely different. The only question here is whether Vas crossed the line between idea and expression in selecting his set of evaluation features. I would say no, but I accept that reasonable people can disagree on this point. One thing is certain: this is a grey area.
User923005 wrote:Algorithms are not protectable without a patent. Whether or not Vas has gone beyond fair use with bits of code or whether his use of creative expression extracted from Fruit being beyond what is allowed with copyright laws would probably require a level of legal expertize that nobody involved has (just guessing here, but I doubt any of the panel members is an expert is software intellectual rights).
This area is so grey, that it seems almost sure that different jurisdictions would come to different conclusions. It seems rather credible that Vas honestly thought he did nothing wrong when "copying" evaluation ideas. Even if the ICGA would have to disagree that he did nothing wrong, it seems very questionable to punish Vas so heavily for happening to be on the "wrong" side of a very vague line.
And then of course there is the whole conviction process. Although the ICGA Board bears responsibility for the final decision, the panel was clearly intended to prepare the decision for the Board. This in itself is not a problem at all, but it does mean that all panel members should have been impartial. This was clearly not the case.
Even if the ICGA Board has not acted unlawfully by not ensuring a fair procedure (which is debatable), that is not an excuse. (If it was an excuse, the Board could as well have decided straight away, without any investigation.)
Until recently, for me the by far strongest argument against Vas was his lack of cooperation. However, now that I have seen a bit more of the history of this whole issue I can understand that Vas did not see any point in cooperating with a panel basically led by Bob. Bob was not the whole panel, but it takes a lot of faith to believe that the panel could have deviated from his views.