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Subject: Who has burden of proof, author or Tournament Committee?

Author: Roger D Davis

Date: 16:41:03 11/27/03


Since throwing an author out in the middle of a tournament is a pretty major
step that casts aspersions on the character of the author, it seems to me that
the burden of proof ought not be on the author, who is apparently guilty until
proven innocent.

Strangely, however, even the letter on the chessbase site at
http://www.chessbase.com/newsdetail.asp?newsid=1330 states that "The complaint
is supported by circumstantial evidence given to the Tournament Committee by the
complainant." In other words, THERE IS NO DIRECT EVIDENCE. In other words, the
author was thrown out of the tournament based on nothing stronger than
CIRCUMSTANTIAL EVIDENCE.

When the author was asked, he stated that "When the Tournament Committee first
asked Mr Reul about this matter by electronic communication on November 24th, Mr
Reul stated that there was no connection whatsoever between the two programs."

So the author was accused and he denied any connection. Is the burden of proof
to remain on the author, in spite of the fact that evidence is circumstantial,
and is admitted publically to be circumstantial???? Seems to me that the burden
of proof should go back to the accuser...otherwise, anyone could land anyone
else in hot water very quickly.

So the chessbase letter then says, "In order to investigate this matter in a
proper manner and to provide the complainant with an answer, the members of the
Tournament Committee needed to convince themselves of the precise relation
between the two programs, if any."  The letter goes on to state that, "On
November 24th the Tournament Committee therefore officially requested Mr Reul to
allow them to inspect his source code. "

In other words, the necessary step of asking the accuser to provide something
more than circumstantial was never undertaken. The burden was put on the author
to prove his innocence. Guilty until proven innocent.

This is not how things are done...

Would you provide your source code under such circumstances? How could you have
good faith in a tournament committee that has violated due process and shown no
good faith in you?

Roger






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