jdonn, on Feb 4 2009, 07:48 PM, said:
hrothgar, on Feb 4 2009, 05:39 AM, said:
Despite the defenses appeared on the acbl's official defense database, and thus conforming to the conditions of contest, they were instructed, in the middle of the session to stop playing them, and henceforth starting randomly giving some selected opponents scattered tops, since they no longer had a coherent set of system agreements.
I think that is quite an overbid. They certainly had cause to be upset, but there are any number of pairs that manage to avoid giving opponents scattered tops despite lacking a coherent set of system agreements. In fact, aren't these things won by pickup partnerships a disproportionately high percentage of the time?
A lawsuit would have been interesting. Getting a judge or jury to understand the concept of systems and bidding in bridge would have been quite a challenge.
Depends on what the purpose of a lawsuit is...
Lawsuits, in and of themselves, are punitive.
They cost time and money to defend.
They effect the cost of insurance policies, retainers, all sorts of things.
Personally, I think that this would have been an interesting case. (I wish that the Aussies had sued)...
I don't have a copy of the Conditions of Contest for the event in question, however, I do have handy access to the CoC for the 2008-2009 NAP.
Once we move past the Table of Contents, the very first item in the CoC reads as follows:
http://www.acbl.org/assets/documents/play/...nsofContest.pdf
American Contract Bridge League
2008-2009 NORTH AMERICAN PAIRS
CONDITIONS OF CONTEST
THESE CONDITIONS OF CONTEST MAY NOT BE CHANGED AT ANY LEVEL OF
PLAY DURING THE COURSE OF THIS EVENT. LACK OF KNOWLEDGE DOES NOT
CONSTITUTE CAUSE FOR EXCEPTION TO THESE CONDITIONS OF CONTEST.
Interesting clause, that... It cuts more than one way.
Here's how I'd structure my argument
The ACBL clearly indicated that the methods that the Aussies were playing were legal.
The methods were sanctioned by the ACBL Midchart
A suggested defense was registered with the ACBL and published in the listed of defenses.
The Australians spent a large amount of time, money, and effort to travel to the US to compete in Nationals under the expectation that their methods were permitted.
It's entirely possible that that the individual who added said defense to the ACBL's Defensive Database wasn't authorized to do so. However, as I recall, the requirement sanctioning methods required that defenses get
published in the Defensive Database, NOT that the defense get approved by the Conventions Committee.
Moreover, while Chip Martel might be eminently qualified to comment on whether or not the Conventions Committee had approved said defense, this once again has no bearing on whether or not the Defense was published at the time of said event. The fact that the ACBL's left hand doesn't know what the right hand is doing doesn't effect the Aussies good faith belief that their methods were legal.
Also, its not like these suggested defenses were added to the Defensive Database hours or even days before the event. Said defenses were sitting on the ACBL's web for several monthes prior to the event in question. If Josh's timeline is correct, we're actually talking about a period measured in years.
Simply put:
The Director in question probably didn't have the authority to modify the Conditions of Contest midevent.
The information that Chip provided to the Director might have been technically accurate - the Conventions Committee probably never approved any defense, however, this information was also extraneous since sanction depended on defenses being published in the Defensive Database, not defenses being approved by the Conventions Committee...
Last, but not least, even if folks don't buy my distinction between publishing a defense and approving a defense, one might argue that the ACBL's decision to publish a defense that hadn't been reviewed/approved and not correct this mistake over a period of years implicitly sanctioned said defense...
I am not a lawyer
The closest I have come to studying law was a class at Wesleyan on the Roman legal system back in 1988
Even so, I bet that I could have some real fun with this line of argument. I suspect that a real lawyer could do me one or two better...
Someone who was really on the ball could probably work in the dread words "Conspiracy to restrain trade"...