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

Author: Sally Weltrop

Date: 17:36:54 11/27/03

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On November 27, 2003 at 20:32:02, Roger D Davis wrote:

>On November 27, 2003 at 20:22:26, Martin Andersen wrote:
>
>>On November 27, 2003 at 20:05:22, Roger D Davis wrote:
>>
>>
>>Cut.
>>
>>You didn't read carefully enough:
>>"Programs which are discovered to be close derivatives of
>>others (e.g., by playing nearly all moves the same)."
>>
>>Pay close attention to (...).
>>
>>Yes they claim to have some circumstantial evidence, if
>>they had clear evidence they didn't need to ask for the source-code, but
>>just ban him at once.
>>It's very difficult, maybe impossible to prove that LIST is a Crafty clone
>>without having the source-code.
>>
>>It would be silly if we had a tournament where half of the programmes where
>>Crafty clones, but they couldn't be banned because nobody could prove it.
>>It's all in the Tournament rules: We are in doubt, show us the code.
>>
>>Martin.
>
>No no no...this has nothing to do with tournaments consisting of 50% crafty
>clones, because constructs such as GOOD FAITH come into play. Good faith means
>that you begin with the assumption that each participant is fundamentally
>honest, if not by deed, then at least by intention.
>
>My point is subtle, and it's not necessarily stipulated to be general to all
>cases, but I do believe it applies here: There was, as the Chessbase letter
>clearly states, only circumstantial evidence. If there was circumstantial
>evidence, then there was necessarily reasonable doubt. And if there was
>reasonable doubt, then---given that the reputation of the author is at
>stake---the burden of proof falls to the accuser, who must provide something
>which is more than circumstantial in order to cause the committee to request the
>source.
>
>In this case, the committee missed a step...they failed to recognize the
>balance, and instead explicitly stated that part of their goal was to satisfy
>the complainant. That put the burden of proof on solely on the author, who
>declined to participate, and justifiably so.

another good point.
>
>Roger



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