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Subject: Re: Why ban List now?

Author: Roger D Davis

Date: 20:33:34 11/27/03

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On November 27, 2003 at 23:28:05, Terry McCracken wrote:

>On November 27, 2003 at 23:01:01, Roger D Davis wrote:
>
>>On November 27, 2003 at 22:44:07, Terry McCracken wrote:
>>
>>>On November 27, 2003 at 22:29:24, Roger D Davis wrote:
>>>
>>>>On November 27, 2003 at 21:59:05, margolies,marc wrote:
>>>>
>>>>>evidence does not 'authorize the committee.'
>>>>>The authority of that kind of Committee rests in the Players agreements to be
>>>>>bound to the rules of the tournament and membership in this organization(ICGA)
>>>>>which seeks to protect its prestige.
>>>>>This is not a criminal action. The committee is not some kind of grand jury
>>>>>assembled for the purpose of hanging programmers. Whatever evidence exists,
>>>>>someone with the authority to act felt it was just to ask these questions now.
>>>>>If someone enters a world championship in absentia, and does not respond to
>>>>>tournament directors queries, apparently he can be banned in absentia. This
>>>>>appears just to me. The alternative I envisage would be to require the presence
>>>>>of all Programmers at the event so this will not happen again. Do you advocate
>>>>>that or would you rather the commitee had this power?
>>>>>
>>>>
>>>>Of course it's a criminal action...the guy has been sentenced to no further
>>>>participation until 2006.
>>>>
>>>>My guess is that the programmer didn't respond because he felt that it was
>>>>rediculous that his source code be requested on the basis of circumstantial
>>>>evidence alone. If you believe circumstantial evidence is sufficient to force an
>>>>author to produce his source, then you will disagree with me.
>>>>
>>>>However, the author had already denied there was any connection between List and
>>>>Crafty. At that point it was his word against the word of the accuser.
>>>>Recognizing that the rules don't say whether circumstantial evidence alone is
>>>>sufficient to ask a programmer to produce his source, don't say when experts
>>>>should be consulted, and don't state any similarity metric which determines
>>>>originality, the committee chose an authoritarian frame of reference, asserting
>>>>its authority to ask for the source. The committee had a variety of options and
>>>>courses of action. In contrast, once the committee chose an authoritarian route,
>>>>the author could choose only to conform, or not.
>>>>
>>>>The problem with an authoritarian frame of reference is that it fails to respect
>>>>the rights of all the parties involved. Hence the need for due process. In my
>>>>judgment, that process would have involved asking the accuser for stronger
>>>>evidence, then asking experts outside the committee whether this evidence rose
>>>>to a level necessary to justify asking for the source code. And if these experts
>>>>agreed, and if the source was requested and denied, then the author could have
>>>>and SHOULD HAVE been banned. One of those experts could have been Bob Hyatt.
>>>>
>>>>My position is that this course of action is not only consistent with the
>>>>charter, but also that it embodies the spirit of the charter by expressing the
>>>>principle of Good Faith, the foundation of all rewarding human relations. It
>>>>might have allowed the author to finish the tournament, it would have made the
>>>>committee look exceedingly careful and judicious in dealing with the whole
>>>>affair, it would have produced a verdict about List that was closer to the
>>>>truth, and it would have respected everyone on all sides.
>>>>
>>>>Instead, we have this controversy, to which there is no easy resolution. And we
>>>>may never know the truth about List.
>>>>
>>>>Roger
>>>
>>>You're cutting and pasting your arguments now....I think you are creating
>>>something out of nothing, I think you don't know what you're talking about but
>>>would like to impress us...well I'm not impressed!
>>>
>>>You're attacking the ICGA with little information, and asserting that what they
>>>have done is nothing short of criminal!
>>>
>>>Sir, that's your opinion and it teeters on libel.
>>
>>I'm cutting and pasting because my opinion hasn't changed, even those the
>>posters have. I'm not attacking the ICGA, only the decision making process that
>>was followed. And it may turn out that the author should have been banned. But
>>that doesn't mean that the decision-making process didn't fail, and that the
>>rules won't need clarification next time around.
>>
>>Roger
>
>You're attacking a process you know little about, and you can't state factually
>the decision process failed! You _think_ it failed or may have failed. This is
>opinion, not fact.
>
>Nuff Said...

It most definitely is an opinion. That's why I said, "My judgment is..." and "It
may turn out that the author should have been banned...", etc. Everything I have
said is absolutely opinion and nothing more.

Roger



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