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

Author: Sally Weltrop

Date: 17:34:50 11/27/03

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On November 27, 2003 at 20:05:22, Roger D Davis wrote:

>>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

Roger,
U brought up a good point. It makes sense to me. How can "List" be discovered
when no clear proof has been forwarded. This makes ICGA look a little shaky and
I think they made a big mistake.

 Why did they let "List" play in the first place?

 Why didn't they just allow "List" to finish the tournament and settle it
afterwards considering the circumstances? Meet the programmer in person AND with
his supervision let them look at the source code.

The whole situation kind of smells here and it isn't "List"



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