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

Author: Roger D Davis

Date: 17:05:22 11/27/03

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On November 27, 2003 at 19:52:48, Martin Andersen wrote:

>It's not a courtroom.
>You agree to the rules of the Tournament when you
>participate. And the committee seems to have followed
>the rules, but the programmer has not.
>
>Martin.

I am not a courtroom. Nevertheless, ideals of justice constructed in one setting
can provide models of justice in other settings. Just because the rules of the
tournament are constructed one way today doesn't mean they shouldn't be revised
based on experience tomorrow. Otherwise, the rules would be set in concrete.

Moreover, I'm not convinced the committee didn't violate it's own charter.

The letter at Chessbase states that:
-------------
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 rules of the World Championship clearly stipulate exactly what should happen
in such cases. We refer to article 2 of the rules as published in the ICGA
Journal Vol. 26, No 1, p. 63:

“Each program must be the original work of the entering developers. Programming
teams whose code is derived from or including game-playing code written by
others must name all other authors, or the source of such code, in their
application details. Programs which are discovered to be close derivatives of
others (e.g., by playing nearly all moves the same), may be declared invalid by
the Tournament Director after seeking expert advice. For this purpose a listing
of all game-related code running on the system must be available on demand to
the Tournament Director.”
--------------

If you read this carefully, you'll note that the rules state that "PROGRAMS
WHICH ARE DISCOVERED TO BE CLOSE DERIVATIVES OF OTHERS...MAY BE DECLARED
INVALID."

Note that the wording is explicit...only those which are DISCOVERED should be
declared invalid. It doesn't say that "PROGRAMS AGAINST WHICH CIRCUMSTANTIAL
CLAIMS ARE LAUNCHED MAY BE DECLARED INVALID."

The process of discovery was violated because the accuser was never asked to
provide anything more than circumstantial evidence. The letter at chessbase
makes it clear that the committee apparently felt some obligation to the
accuser:

"In order to...to provide the complainant with an answer..."

So the committee felt it had an obligation to satisfy the complainant, when in
fact, the obligation of the committee was to request solid evidence from the
complainant, not circumstantial evidence. You can't DISCOVER A PROGRAM TO BE A
CLOSE DERIVATIVE base on circumstantial evidence, and you can't disqualify such
a program, based on the charter. The burden of proof was put on the author, who
apparently thought it was BS, and he walked.

My theory, therefore, that the accuser has some special relationship with the
committee members. Who is the accuser to have such a special relationship?

Roger



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