IMJohnCox wrote on 10/07/06 at 10:02:14:
Katar: I don't see this section conferring almighty powers on the AC. The section says they can consider protests about a wide range of things, certainly, but it doesn't say what powers they have at all. These have to be implied.
"The Committee
may decide on the following matters: [A-F]" The AC's
decision is not merely an advisory (non-binding) opinion: "The written decision of the Appeals Committee arising from any dispute in respect of these regulations
shall be final." Paraphrased, the AC
may make
a final decision regarding
a protest against behavior.
How is the AC to render a
final decision regarding the behavior of abnormally frequent toilet trips without altering
any playing conditions? Whether the bathroom door is locked or a voyeur camera/arbiter is posted within, the playing conditions will have changed. I'd say it boils down to: either the AC can alter playing conditions (in a reasonable, impartial way and pursuant to an allowable protest) OR the AC is merely advisory (ie, toothless and pointless). The $5,000 fee is meant to discourage frivolous protests. Of course, the juvenile open letters to the press do the most damage yet are not (& can't be) regulated. Free speech protects a fool's right to be a jerk. Ie, Danailov's Fritz9 stats.
Where is the iron-clad term that guarantees the private bathrooms? 3.18.3 is oft-cited but merely says that a player cannot object to the conditions. No help there. I've never seen this other term to the effect that "
each player shall have a bathroom". In that case, locking might be a (non-material) breach, but installing a camera or arbiter would not be a breach at all. An odd result.
What you see as an unfair modification of agreed conditions, I see as a regulation of behavior.
IMJohnCox wrote on 10/07/06 at 10:02:14:
I'm not sure what exactly 'dispositive' means, but if it means that if Kramnik doesn't win issue 1 he's lost then I agree.
We yankees use "dispositive" to describe an issue that singly decides (disposes of) the case. As you note, it's only dispositive if resolved in Topalov's favor.
IMJohnCox wrote on 10/07/06 at 10:02:14:
I find it very difficult to follow your notion that because the protest doesn't mention the facilities (you surely agree that facilities includes toilets and comes within 'conditions', no?) it can be entertained, and that the AC can then do what they couldn't do on a direct protest.
In other words (as I understand you) you think the position is this: if the protest had said 'We don't think the toilet facilities are satisfactory because Mr Kramnik is entitled to go in there whenever he likes and they could be wired. Please change the facilities.' it would have been tossed straight out under 3.18.3. On the other hand, because the protest actually says, 'Mr Kramnik goes to his contractually agreed private loo a lot and we think he could be cheating in there', this entitles the committee to close the loo.
Well, this is moot because Topalov's letter specifically protests "behavior" as such.
I agree with you completely-- the alternative wording you give would be expressly forbidden by 3.18.3. It is speculative and hypothetical, alleging that the playing conditions provide
opportunities for Kramnik to exhibit a certain type of behavior. The
actual protest alleged that Kramnik
actually did visit the only unmonitored location up to 50x per game, a frequency far beyond the range of normal human function.
Linguistic nuances make a big difference.