asdfg2k, on Jul 18 2005, 01:29 AM, said:
I will probably be accused of not responding to each and every comment that has been left open in many of the prior posts which responded to posts of mine.
Not at all. It was about time that the arguments were consolidated.
There are several possible breaches of laws, bye-laws and ethics being discussed here, and we should not confuse them. I deal with this further below.
Firstly let me deal with the matter of the completion of a CC. It is up to the SO to require (or not) a CC, and to provide its design. BBO provides a facility to complete a CC. The help documentation is limited to a technical review of how to go about completing one (ie which keystrokes), but I cannot find any express requirement for its completion in the site rules. Unless I have missed something, its requirement therefore is not "universal". Indeed in the site rules BBO states "The management of BBO is not going to get involved with trying to make rules in this area". The context of that quote is in relation to which bids are alertable, rather than the creation of a CC, but it is as close to a relevant context as I can find. In the case of tourneys, BBO delegates that responsibility to the tourney host. It would be sensible of a tourney host to require a CC, but it remains discretionary. If as a player you do not wish to participate in a tourney that makes no such requirement then you are free to avoid them. Several tourneys are in fact run by the ACBL and presumably ACBL licensing and disclosure rules apply. At tourney level I would also expect the host to have the power to override the "deemed BB-Basic system sans agreement".
Let us proceed on the assumption for the time being that a completed CC is required.
Some years ago I played as a stand-in at short notice for a pairs (f2f) competition with an unknown partner. I had to dash across the country like a bat out of hell to get the venue on time. In the end I was a few minutes late and under threat of time penalties, which we thankfully avoided. Our partnership agreements developed over the course of the competition, duly noted in the CC as and when. At our first hand, however, our only agreement was 12-14 1NT opener with SAYC responses but otherwise natural overall structure. We had not even agreed on 4 or 5 card majors, let along get onto carding methods. I don't know what a 2C opener would have been read as, so I simply resolved not to open one. At round 2, still under time pressure as round 1 was late, our next opponents complained that our CC was incomplete (this in a venue were completion was explicitly required). Rightly or wrongly the TD ruled that our CC was complete, because there were no agreements that were omitted from the card. The fact that the card had spaces designated for specific circumstances was not an obligation to have an agreement to cover those circumstances - the design was purely so that IF there WERE agreements to cover those circumstances then the opponents would be able to find the explanations without any delay, the design of the card being familiar to all.
So, even where there is a requirement to have a complete CC, a blank CC that is consistent with the partnership having no agreements does not appear to be an offence.
If a SO either deems or requires a complete set of agreements sufficient to fill a CC with other than blanks, then a blank CC would be an offence, despite being consistent with the actual facts of the case in which no agreement is held. Even so it would be a separate offence to that of explaining "no agreement" where an agreement is present.
I therefore reject the matter of CC completion as being relevant to the validity or otherwise of a "no agreement" explanation.
At the crux of the matter, George, your argument stands or falls on the effect of the deeming provision within the site rules that sans agreement you are deemed to be playing BB-Basic.
I freely admit that I was not aware of this deeming provision prior to your bringing it to our attention in this thread. If I am at fault for failing in a duty to familiarise myself with site rules then I hold my hands up. If the measure of that fault is the extent by which my opponents are damaged in excess of my own partners, then that failing has to be about the legal equivalent of doing 75 on an empty motorway.
I wonder whether even you were aware of this provision prior to your decision to research the site for additional armoury in support of your original argument. Given that your argument requires this lynchpin for any validity (which is not to say that it makes it valid, which I address below, only that without it the argument is certainly invalid) it would appear that your conviction up to that point was flawed. That is perhaps only of passing interest, because if your argument is now valid it makes little difference that it may have been invalid earlier.
I would be very surprised if I were alone in being (formerly) unaware of this (deeming) provision. Indeed I may at one time have noticed it and forgotten it. How many times do you reread the site rules, especially if you do not make the connection at the time between the deeming provision and the subsequent effect on disclosure requirements in the circumstances described by the OP? Indeed even now I have not read the BB-Basic system, although I suppose I had better do so now.
The practical question remains: if you are deemed to be playing BB-Basic, what response to an enquiry do you give if you are unaware that you are deemed to be playing it, or if you are aware but do not know BB-basic? The latter scenario is more culpable and consequently I expect rarer, although if I at present were to sit at a table prior to learning BB-Basic I would fall into that category. Far more likely you are unaware of the deeming provision.
There is no way on earth that you can give information that you do not know. The fact that you do not know may be an offence (that of failing to read the site rules) (I am not convinced, in this case, but let that ride), but if it is an offence it is a separate offence. The right and proper response in that event remains "no agreement" if that is the most honest response that you can give.
I do not believe that you make any secret of your opinion of what is right, but I do feel that you have a biased opinion of the transgressions of others, and I do believe that you have attempted in arrears to construct arguments to fit that opinion. At the outset you made no reference to the deeming provision of the site rules, critical though they now are to your position. You then insinuated that the motive of a "no agreement" explanation is to annoy the opponents. Later still you acknowledge that there are additional references contained in the site rules that do not support your position, after you initially listed only those quotes that support your position. Actually I think that your opinions are for the most part genuine, and it is in the heat of exchanges that intemperate language ensues. You have I think made a brave effort in your latest argument but I still think it is flawed for the reasons stated.
The tenor of your posts presupposes that there are implicit agreements that are not being disclosed when "no agreements" is being offered as an explanation. I certainly accept that possibility, just not its necessity, and I give the benefit of the doubt until there is evidence otherwise. I agree that it is easier to test the question of possible MI where a positive explanation is proffered. Just because a hypothesis is difficult to test that does not mean that unethical behaviour should be assumed.
I shall close with a hypothecical scenario:
A Limey sits down opposite a Yank in the main playing area for the first time on BBO. The Brit is neither experienced nor well-read. So keen is he to get set up on BBO that he decides to "have a go" now, and read the rules later. "Faster, please" says the seasoned Turk sitting East (preparing to redouble, as Turks do), as soon as they sit and find the cards are pre-dealt with the Brit as the dealer. Being cosetted in to date in his local club (the sort where Landy is the only defence to 1NT that has ever been conceived, and there is no licence for alcoholic drinks), the Brit opens 1NT (12-14, of course) and the opponent asks for an explanation.
Already flummoxed by the the fact that the question has been addressed to him rather than his partner, he realises that he can respond privately without UI, and he has just enough nous to respond "no agreement" (as advised by his friendly teacher at the Thursday night session preparing them for the local Ace of Clubs heat, albeit envisaging a double at the 3.5 level after all parties have been bidding).
Undeterred, the Turk asks the Yank, who has done a bit of research on the old BBO site (RTFM is the first word they speak West of the Atlantic, upon weaning).
Yank is in a bit of a quandary. He is quite well read, as Yanks go. He knows that there is no land border with Iraq. He does not know from Adam whether his partner has read the BBO site rules, but he does know that 12-14 prevails in UK and he knows his partner's country from his profile. Better safe than sorry, he replies "15-17" (I guess I can predict that much from BB-Basic, from general bridge knowledge, mind). Nevertheless, even if he continues to bid on that assumption, the Yank at least has a better inkling that it might be 12-14 then do the opponents, *I* reckon that gives him an unfair advantage.