Using an author's essay or for that matter a programmer's code when he has asked you not to do so is uncool. Whether one has the legal right to do so is beside the point. The ethics of the matter are clear. The harm would be compounded by squandering his time on technical consultation without paying for that either and compounded beyond belief by engaging in a lengthy legal battle in order to defend the deed.
I find it difficult to comprehend someone paying his lawyer in order to avoid paying a programmer for his work, but that's apparently what happened in the case of JinChess versus IChessU.
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