DISPUTE JUDGEMENT
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GENERAL
The dispute affects the round 9 game of the European Championship 2010 played between Alexander Dinerstein and Rob van Zeijst and asks whether a silent volume button overrides a loss on time.
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THIRD INSTANCE ARBITRATION BODY DECISION
The decision, which is made with 2:1 votes, is:
Van Zeijst lost the game on time (Dinerstein won).
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THIRD INSTANCE ARBITRATION BODY MAJORITY REASONING
The majority reasoning is supported by Robert Jasiek and Luc Vannier.
According to the EGF General Tournament Rules, §5.3: "[...] Where Japanese Byoyomi is used together with a digital clock, a move must be completed within the byoyomi time period. [...]" and §5.4: "[...] If there is overtime, the player loses on time if not all of the given number of overtime stones are played in the prescribed overtime period. [...]", van Zeijst loses on time.
It is the player's responsibility to avoid losing on time by also looking at the clock's display: Playing the game with clocks next to the board operated when making moves by the players themselves includes the player's responsibility to avoid losing on time by also looking at the clock's display because a) this is also what the display is for, b) this responsibility has been the common sense practice in EGF tournaments and c) this responsibility is implied by the EGF General Tournament Rules' loss on time rules (loss on time is to be noticed mainly by what the clock display shows, so the players must also from time to time as necessary watch the display before and after a loss on time).
According to the EGF General Tournament Rules, §7.1: "[...] Decisions are made impartially. In particular, no attempt should be made to use positional judgement in reaching a decision, although also the scoring rules are to be applied correctly. [...]", positional judgement of in particular the board position at the moment when van Zeijst ran out of time does not play a role and the provisionally continued game due to the Chief Referee's decision is to be ignored for the result determination. As a positive side effect, the judgement reduces rather than increases numbers of future disputes.
A clock being silent does not override a loss on time because the EGF General Tournament Rules, §§5.3+4, specify a loss on time independently of whether a clock is silent. Since being or not being silent is not a restriction for a loss on time, a loss on time is allowed in both variants: a) while the clock is silent, b) while the clock is not silent.
Subject to the players finding an agreement not disturbing third players, the EGF General Tournament Rules and the Particular Tournament Rules of the European Go Championship say nothing about digital clocks with beeps or voice and whether the players may enable, disable or set the degree of the volume as they like. Since in principle basically it is not restricted by the rules, the players may choose whether to enable, disable or alter the degree of volume of the clock as they like. The players may do so even if the organizers have set a different volume because a) the rules do not restrict that, so they allow it and b) in the practice of EGF tournaments, many players have done it and in general organizers did not object.
Subject to the players finding an agreement not disturbing third players, although the players might have altered the volume setting, neither player attempted to do so until van Zeijst ran out of time. Therefore the players' implicitly expressed agreement until including that moment was to let the volume be unchanged as it had been from the game start - silent. As soon as van Zeijst ran out of time, the game was over and afterwards any possible change to the volume setting and new agreement between the players about it was too late.
Such digital clocks that allow and have gotten a silent setting are designed like that with the expectation of then being silent. Therefore they also then work correctly, i.e., do not malfunction.
In EGF tournaments the responsibility to set and / or check the clock settings including the volume is as follows. The rules do not specify it. In practice it has been a) the players' responsibility, b) the players' and the organizers' responsibility or c) scarcely the organizers' responsibility to set the clocks and both their and the players' to check the correct setting subject to how well the used clocks might allow that after their setting. So in general in tournaments (like the European Championship 2010) in that mainly organizers do the setting, the responsibility for checking the clock setting is shared between both the organizers and the players. I.e., also the players are responsible; they cannot reject all their responsibility by mentioning its shared part of the organizers. The players (each player for himself) always have a responsibility but not a duty to check the clock settings, especially just before the game start. Subject to what the clocks allow technically, not checking the setting of the clock is at the players' risk (except that proven wrong setting by the organizers or malfunctioning should be beyond that players' risk). This is derived from common practice in EGF tournaments. The responsibility to check settings basically applies to all types of clocks, but specific types of clocks might cause restrictions, e.g., by not having an option to check byoyomi settings after the clock has already been set. However, the relevant aspect of clock setting in this dispute, the volume button, could have been checked by each player easily.
Although good organization would inform the players of a tournament how the used clocks work, such is not exactly a duty for the organization though. If it does not provide explanation by its own incentive for all players, then each player has a right to contact organizers or referees, who then must explain the clocks to the interested players. Otherwise, by practice from EGF tournaments, it is implicitly assumed that not asking players are already sufficiently familiar with the used clocks. In case of new kinds of clocks never used in EGF tournaments before, this assumption is not useful but then the organizers do have a great responsibility for explaining the clocks to all players. "New Ing Clocks" were not a new type for EGF tournaments during the European Championship 2010 though. Players seeing them for the first time should ask before the tournament start, if necessary. Since the dispute occurred in round 9, van Zeijst had had more than enough time to let somebody explain the clocks to him; only in round 1 one might have serious doubts.
Japanese boyoymi in EGF tournaments does not require aloud byoyomi reading, allows either option of silent or aloud byoyomi reading, allows silent or speaking clocks even in the same tournament, allows (besides analogue) especially silent or speaking digital clocks even in the same tournament, and is called "Japanese" to be distinguished from "Canadian" so that the former uses 1 stone while the latter uses more than 1 stone per byoyomi period.
Sportsmanship is not relevant for this dispute: At the game start or during the game, a player may alter the setting of the volume while the opponent is not present. He may do so because a) the rules do not prohibit it and b) to let it be allowed has been practice in EGF tournaments. For the latter reason, a player is not in general required to inform the opponent about a changed volume setting. A player may inform the opponent though. It is also good practice not to change the volume unreasonably often. If the opponent can expect a particular setting (e.g., because the players previously agreed on some setting), then a player should inform the opponent rather than catch him in unexpected surprise later. In line with sportsmanlike behaviour, a player should not reset the volume for the major purpose of tricking the opponent into a time loss due to unexpected silent volume. Therefore a resetting to then silent shortly before byoyomi should involve information of the opponent, unless he declared earlier that he would not mind such a volume change. A volume setting to silent at the game start or during the middle of the basic time proceeding should normally not be interpreted as having unsportsmanlike behaviour as its (major) intention because such can hardly be inferred from the new position of the volume button itself. From these guidelines, van Zeijst's opinion that Dinerstein's letting the volume silent at the game start was unsportsmanlike has to be rejected clearly; Dinerstein did not even come close to possibly setting or altering the volume button in a way that could be considered unsportsmanlike.
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THIRD INSTANCE ARBITRATION BODY MINORITY REASONING
The minority reasoning is supported by Matti Siivola.
Responsibilities about the clock and managing time
The responsibilities about the clock and managing time are shared between the players and the tournament organisers (represented here as referee). These include operating the clock, configuring the clock and functioning of the clock. How the responsibility is shared varies from tournament to tournament. The organizers may define the responsibilities (this is subject to EGF supervision) as they see appropriate as far as rules for the tournament are obeyed.
In the main tournament organizers took the responsibility of setting the clocks and providing audible byoyomi to players. I consider it as a legitimate method when organizing a tournament. The current EGF General Tournament Rules from 2007 do not say anything about byoyomi being audible. In 2007 the rules were restructured, leaving only the most essential poinst in the General tournament rules, while other rules were to be codified in additional rule texts. This process is still incomplete. The audible byoyomi is mentioned in EGF tournament rules 1997-2007 and I still consider it as legitimate method.
The instruction of the clock setting team said the volume control should be set at the middle. However, players had not been informed by any restrictions to adjust the volume by themselves. In the case both players deny having touched the volume control. When white run out of time, the referee decided that it was the organizations mistake that the volume was off and ordered the game to be continued and black will get extra 10 minutes as compensation. The game was continued and white won by counting.
I judge responsibility of the clock in this case to be shared equally between the players and the organization, because the organizers intended to provide audible byoyomi, but had not properly communicated it to the players. As a consequence I judge that white's failure by running out of time disables him to win the game. When the game was continued black’s failure to win on board deprives him the win. The result is therefore a tie.
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PROCEDURE
- The players played in their round 9 game. - The referee was called to settle the case. - The Chief Referee decided in first instance. Then Dinerstein appealed. - The original Appeals Committee was formed by the Finnish organisers. When the Romanian member declared himself unable to attend an 8:30 am meeting, the Chief Referee asked Francis Roads to replace him. - The Appeals Committee decided in second instance. Then van Zeijst appealed. - The Rules Commission let Luc Vannier join the third instance arbitration body. - Dinerstein's objection to Vannier was decided. - Now the third instance arbitration body decides.
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THIRD INSTANCE ARBITRATION BODY JUDGES
The judges are Robert Jasiek, Matti Siivola, Luc Vannier.
Since, in tradition of European jurisdiction, multi-person arbitration bodies must consist of at least three judges, the EGF Rules Commission invited Luc Vannier who joined the third instance arbitration body for this dispute.
Dinerstein filed an objection of prejudice against Luc Vannier, arguing that Vannier's country France would be too close to the Netherlands, which is van Zeijst's country of nationality. The third instance arbitration body rejected the objection: "a) Alexander's prejudice objection against Luc Vannier is rejected. b) A particular personal prejudice of Luc concerning either player does not exist. c) Judges can be expected to be impartial with respect to the country in principle, even if one of the judges is from either player's country."
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ESTABLISHED FACTS ABOUT TIME
- The used clock was a "New Ing Clock". - Except for the time limits, there were no particular announcements on time or clocks to the players. - The organizers' clock setting team had had their own instructions to set the clocks' volume (about) half-way. - At the game start, the clocks of both players were started by Dinerstein. - At the game start, van Zeijst arrived late. - Apparently the volume of the clock was set to minimal, i.e. silent. (The principle alternative possibility of accidental movement of the volume button during the game could not be established as a fact.) - Subject to considering the setting of the volume separately, the clock did not malfunction. - At the game start and during the game until the dispute, apparently neither player checked or verified the volume of the clock, although each player could have done so. - This might mean that the clock setting team could have set the volume to minimal. - The players together made ca. 12 to 14 plays during byoyomi. - Van Zeijst ran out of byoyomi time, as was evident from the clock's behaviour of not responding to the move buttons any longer.
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EARLIER DECISIONS AND CONSEQUENCES
- Chief Referee: The game was to be continued and Dinerstein to get 10 minutes extra time as compensation. - With one or both players playing under protest, the game was finished, counted and van Zeijst won by counting (27.5 points). - The Appeals Committee decided in second instance that Dinerstein wins.
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REASONS BY CHIEF REFEREE
- Van Zeijst has not made a mistake, except to assume that the clock would behave in the same manner as it always does when it is functioning properly. - Reading byoyomi includes the idea of the sound of reading the second aloud. - It is wrong that the clock was silent in the boyoymi. - Since the players had not touched the volume control, the clock was defective, and was to be replaced. - Normally keeping track of the time is part of the playing skills in tournaments, a player is responsible for keeping track of his time, and a loss on time is the fault of the player whose time has run out. - It would be unfair to require that the players be familiar with all kinds of clocks, so there should be a limit on how much clock operating knowledge is allowed to affect the results of the game. The player is responsible for knowing that he must press a button after playing his move, and the rest is somebody else's problem. - Normally, van Zeijst would have had these possibilities to avoid running out of time: a) Listening to the clock speaking when it is started. b) Checking the volume control when he arrived. c) Noticing that the clock did not speak at the specific times it usually does, when the basic time is approaching byoyomi. d) Following the clock's readings and noticing that he is short on time. e) Noticing that the display of the clock was counting down seconds. Each of these reasons expects too much of the player or see the following point. - In this case, the players' responsibility to be aware of their thinking time is overridden by a) usage of Japanese byoyomi, b) the organizers' implied promise of providing byoyomi read aloud, c) the thereby shifted responsibility of monitoring the playing time from the players to the byoyomi reader (here: the clock itself), d) the byoyomi reader's failure to give the promised warning, e) the byoyomi reader's (the clock's, i.e. not the player's own) responsibility of running out of time. This shifted responsibility presumes that van Zeijst did not touch or know about the volume button's setting. - It is a mistake by the manufacturer that the clock can be set to silent so easily. - Unless both players agree to do so (or are at least made aware of it), it is a mistake to set the clock to silent. In this case, the clock must have been set to silent by the organizers, so the mistake is theirs. - In general, it is a mistake by tournament organizers to use clocks that can be made silent even by accident, such as accidentally touching the volume control. - A clock is malfunctioning when it does not do something it is supposed to do (or does something it is not supposed to do). So an always silent electronic clock can be ok for the same uses as an analog one, but no tournament organizer should try to use such a clock for byoyomi.
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REASONS BY APPEALS COMMITTEE
- The players are responsible for managing the clock and their time. - The clock visually shows whether the game is in basic time or byoyomi. - There is nothing in the EGF General Tournament Rules to suggest that the referees must set the clocks [prior to the games' start]. - There is no rule for whether Ing clocks have to be silent. Therefore they may be silent or not. - Setting the volume button to minimal (silent) did not constitute an irregularity that would justify varying the general principle that a player whose time runs out loses, regardless of the position on the board.
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EGF GENERAL TOURNAMENT RULES CITATIONS
- The current rules say nothing explicit about volume of speaking clocks. - §4.6: "[...] A clock found to be malfunctioning is replaced and set by the referee. [...]" - §5.3: "[...] Where Japanese Byoyomi is used together with a digital clock, a move must be completed within the byoyomi time period. [...]" - §5.4: "[...] If there is overtime, the player loses on time if not all of the given number of overtime stones are played in the prescribed overtime period. [...]" - §7.1: "[...] Decisions are made impartially. In particular, no attempt should be made to use positional judgement in reaching a decision, although also the scoring rules are to be applied correctly. [...]" - §8: "[...] referees are required to carefully consider whether the fault lies in a weakness of the tournament organisation, obscurity in the rules, or in the player or spectator concerned. [...]" - §8.4: "[...] Sanctions of varying severity include: modification of time limits [...]"
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OPINIONS
- Chief Referee: The organizers had considered but rejected as impractical mechanical means to prevent the clocks from possibly being set to silent. - Chief Referee: Byoyomi comes from the Japanese words "byoo" (seconds) and "yomi" (reading), so it involves the notion of reading something aloud. - Chief Referee: All electronic clocks that claim to do byoyomi will produce a sound to indicate that the byoyomi is in progress. Beeping (preferably in a tone different from the normal operation of the clock) can be used in place of spoken voice. - Chief Referee: It was not forbidden to adjust the volume. - Chief Referee, Appeals Committee: [New] Ing Clocks should not be used in EGF tournaments because they are difficult to use and create (too many) disputes. (Appeals Committee: Especially on top boards.) - Van Zeijst: He was unaware of being in byoyomi. - Van Zeijst: Clocks must read byoyomi aloud. He was unaware of possibly silent [digital] clocks. - Van Zeijst: Dinerstein's setting the volume of the clock to minimum at the game start was cheating. - Van Zeijst: Roads of the Appeals Committee formed an opinion before establishing all the facts. - Dinerstein: The dispute topic is unrelated to the aspect of sportsmanship.
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ADDITIONAL REMARKS BY EGF RULES COMMISSION
The difference between minority and majority reasonings boils down to a matter of priority: Which is of greater importance - volume setting (as the minority reasoning suggests) or missing current EGF rules about volume setting implying silent or loud volume being both possible (as the majority's and the Appeals Committee's reasonings suggest)? It is not obvious from a priori principles which of these two should have a higher priority. Therefore the dispute judgement has to decide and decides in favour of the majority reasoning.
If the players disagree about the volume, how is it set? There is no rule. Since there is only one possible volume at any time, both players' interests must be respected. I.e., basically it amounts to a reasonable compromise between the two players. If they cannot reach it, then a referee will declare the appropriate compromise.
May a player on a board always claim to be disturbed by clocks on different boards and therefore demand their silence? Practice in EGF tournaments suggests that players are not supposed to demand silence of other clocks (although they can demand avoiding too loud clocks). The referee may refuse the demand to silence other clocks.
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