In a matter that dominated early discussion of the Candidates, Agon controversially tried to claim that only approved broadcasters were able to put forth the game moves in real time. However, a similar restriction was attempted by
Sofia organizers first for the
Topalov-Kamsky match in 2009 and then the
World Chess Championship 2010, with the end result that
ChessBase was found non-culpable in a resulting lawsuit. The judge in that case took only half an hour to reject all demands from the Bulgarian Chess Federation (BCF), while ChessBase relied on the legal definition of a database. The most important aspect was that the judge did not agree that a chess game can be seen as a database, and therefore the BCF could not refer to their rights as database producers. though they had only asked 15000 euros from ChessVibes for retransmission rights, and crucially only spent 8000 euros themselves, which the judge found insufficiently substantiated as a realistic amount toward a database endeavor. This is in line with a 2011
European Chess Union memo that produced a legal opinion from Morten Sand, indicating that contract law formed a superior basis for exploiting the chess audiences, with the expectation that viewers could be made to bear 75 euros (each) for the world championships, so that "the financial upside is huge" to generate 750000 euros.
Commentary from affected parties The Bulgarian website Chessdom had the strongest editorial on the matter (from CEO Anton Mihailov), calling Agon's decision a multi-level blunder, even pointing out that Agon's decision actually violates Section 4.7.3.6.4.1 of the Candidates Regulations ("All live images, live broadcasting (Internet TV) pictures and all the other content for the full event details will be carried on the official domain [moscow2016.fide.com]. The organizer shall not develop any other website."). However, this item is enforceable only between Agon and
FIDE. Their main thrust though, was:Millions of fans will not learn about this year’s Candidates matches because of AGON’s policy. Many will miss the live coverage and only learn about the games after the tournament is over, when Carlsen’s challenger is known. What is the commercial value of that? Can you calculate how much are the lost benefits for the sponsors of the event? And for the hosts? And for the players? And for the sponsors of the players? Chessdom in the end did not broadcast live moves.
Chess.com had an article on the matter, couching their Candidates preview with "a remarkable decision by the organizers might well be the biggest story here", while noting that it personally "lacks the technology [for automated PGN relay] and always relies on volunteers to bring grandmaster games in Live Chess." In the Norwegian press,
Magnus Carlsen was nonchalant toward the kerfuffle, saying that everyone could just watch the Agon broadcast, with their comments and computer evaluations. However,
NRK will also have move-by-move coverage on NRK.no, according to their own interview with him. ChessBomb published that it would not use the Agon site due to non-agreement with terms and conditions, and asked for volunteers to seed their
Tor setup (though later dropped this initiative). Implicitly, this relied on the fact that the clickwrap license presented by Agon (or World Chess Events Limited) may not in fact be valid in every viewer locale, so by allowing information to be obtained and retransmitted without contractual obligation. Alleged violators included not only ChessBomb and Chessdom, but also
ICC,
Chess24, and
Der Spiegel. Although the Terms and Conditions (#10) mention New York state law as applicable to those who signed up, Merenzon sent a
cease and desist letter that invoked 10 years
imprisonment under Russian law. Agon also impeded the credentials of Salim Fazulyanov, allegedly as retaliation against his website Kavkaz-Chess.ru for being the first Russian site to publish Chessdom's open letter. Eventually Agon's own worldchess.com editorial staff broke ranks, declaring that an embargo was not the way to go, but a show. The main argument is: holding all the trumps like live video and exclusive interviews with players (and other VIPs) should be enough, without resorting to legal blusterings. Before Round 2, Agon partially relented, dispensing with its presumptory 2-hour
PGN embargo, designating the game's end instead. In round 1, the moves were carried live without restriction by official partner
NRK. About 45 minutes into second round, the NRK live move transmission became suspended, causing other sites to also experience confusion. with the
chilling effect of causing them to essentially suspend activity. The Norwegian online newspaper site VG Direkte (also an official partner) initially stayed active (with the
browsewrap language: "By viewing this page you expressly agree not to publish any information concerning the chess moves of the candidates tournament 2016 chess games until the end of such game"), but then also suspended activity.
Der Spiegel continued its live ticker of Aronian-Anand analysis throughout.
Legal action and media coverage After Round 2, Agon officially announced its rumored legal action against the above four broadcasters.
The Guardian newspaper covered an exposé of the ruckus, noting that Agon's tactics may be hoping to at least scare off its rivals and keep the big prize (coverage of the World Championship match with Carlsen) to itself.
Vladimir Kramnik was quoted from an ensuing interview as saying: "If you want to make chess professional, if you want to help chess to grow, you have to understand very clearly that the organiser of any chess tournament has full transmission rights. Because the organiser has invested a lot of money and effort to organise the tournament, morally and legally they have full rights over the live transmission." Kramnik contended such control was the way football, tennis and other sports had become successful, and by doing the same, chess could jump to a totally different level. He also imposed his own view upon any end user's opinion of the coverage, declaring that "no one is suffering" from Agon's decision. Top organizer
Stuart Conquest was also quoted: "However you look at it, pretty clear that start of Candidates has been a PR [press relations] disaster for organisers / Agon / FIDE."
Round 3 and beyond ChessBomb's whole site went down (due to a component upgrade gone wrong) 10 minutes into Round 3 without any moves having been shown, while Chess24 intermittently carried the moves of two of the four games (Giri–Karjakin and Nakamura–Svidler) in the early going. Chessgames.com similarly had Giri–Karjakin, while
Der Spiegel had the Anand–Caruana game on their live ticker. After rectification 10 minutes later, ChessBomb had all three of the above-mentioned games, and Chess24 quickly added Anand–Caruana also. By round 4 the immediate frenzy appeared to have dissipated, as Grandmaster
David Smerdon was given an all-clear from Agon (or World Chess Events Limited) to run a live blog. However, the main sites were still lagging in their relays by about 20–25 minutes during the opening moves. The (Agon affiliated) sites NRK and VG Direkte relayed the games with a delay of about 20 minutes. Later, at approximately an hour into the games, the alternative feeds were nearly keeping pace with Agon's site, though some slowdown sporadically remained. Agon boasted that PGNs were now going to be available as Flash Reports within minutes of the finish of each game. Their own onsite live commentators were still having problems getting the moves to the games at some junctures. Renowned trainer
Mark Dvoretsky was deeply unsympathetic to Agon's position, particularly as the official site was so inconvenient to use, and he also mentioned the privacy issues with the necessity of registering there.
After the tournament Agon, through a company called Turnir Pretendentov LLC (the name meaning 'Candidates Tournament' in Russian) attempted to sue eLearning Ltd. for 20 million roubles, for the live broadcasting of the moves of the Candidates Tournament on chess24.com. Agon's legal claim was rejected in its entirety on 25 October 2016. Agon are also suing ChessGames and ChessBomb; the final hearings in these cases are due to take place on 17 January 2017 and 28 February 2017 respectively. ==References==