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your new argument appears to about litigation. do you have a docket number or is this another 'analogy' to an argument that has not been presented properly? "Znarf" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > > "marc margolies" <[EMAIL PROTECTED]> wrote in message > news:[EMAIL PROTECTED] > > ssince you say you are an attorney, and i have no reason to assume > > differently, why do you insist the the central question is 'copyright > law?' > > this is a misguided premise. > > it is misguided because the author of crafty is NOT the plaintiff and > there > > are no economic damages at issue, mr attorney. > > the programmer of list broke a contract. he refused to provide information > > persuant to a claim of an ethics violation from one of his competitors in > a > > contest where he contractually agreed to a set of rules and a method of > > arbitration. > > > Copyright was provided only as an analogous situation in civil/criminal > procedures. True, Dr. Hyatt is not a plaintiff, and there appear to be no > economic damages. But my point is that the ICGA did not appear to have a > set procedure for dealing with accusations. It appears to have been done in > a summary, ad-hoc manner, perhaps at the expense of the accused. Whether > the accused broke a contract is also unfounded. What were the terms of the > contract? What was the course of dealing/performance with the ICGA with > other parties and the accused? Contracts may or may not be limited to the > terms they recite. Too many questions that can't be answered. So... my > point is not to disparage the ICGA, but rather ensure that any future > entrants are at least protected from a "guilty until proved innocent" > situation, and that they know the EXACT procedure for dealing with cheating > accusations. This way, all parties - ICGA, accused, and accuser - are > protected. > > See my post on another thread for a proposed procedure. It's just a > starting point. Wait, a lot of threads, a copy follows. As for the > attorney remark, I just want you to know my frame of reference. I'm usually > concerned about procedures that protect the accused from unfounded > accusations. > ------------- > > A proposed procedure would be to provide the source code under a > non-disclosure agreement to the ICGA. > > The ICGA could only access and review the source code upon an accusation of > "cheating." The Accuser must provide a factual basis for the accusation > (e.g., it must be more than "The accused program performed the same two > moves as program x."). This would protect entrants from unfounded > accusations. > > . The ICGA would then evaluate whether the factual basis provided by the > accuser supports a the accusation (e.g., a valid accusation could be same > tree/node/score for x positions, etc.). If the accusation seems genuine, > then the ICGA could examine the source code of the accused and compare it to > the source code of the program that the accused allegedly copied. > > Upon a finding of copying/cheating, the accused is given a chance to > present his side of the story. If the ICGA is not persuaded by the accused, > then the source code is returned to the accused and the accused is kicked > out of of the tournament, and perhaps banned for some time period. > > All findings are reduced to writing for the protection of all parties - > the ICGA, the accuser, and the accused. Last thing you need is litigation > based only on words and faulty memories. > > Upon the completion of the tournament, all source code is returned to > entrants. > > Time periods for each phase must be set in advance, and entrants must be > available during the entirety of the tournament. > >
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