@MARattigan:
Actually, in a practical sense there are no simultaneous events (to the 10th decimal) except when 2 objects meet (when A hits B they are at the same place and time), the latter by the model of the same Albert Einstein. Without meeting points, relativity theory could not exist. Since the clock never physically meets the move, they can not be accurately decided as simultaneous. The issue is therefore more one of "lack of agreement on the event order". Both sides might claim in their own favour and there is commonly nothing tangible to decide the issue. Throwing dice sounds about as the right approach unless as an arbiter you are capable of interpreting the ear reddening of the liar. Amazingly, most players are truthful which explains why there are relatively few nasty incidents. Not all players know the rules in these situations and give in when they are explained to them.
On the point of article 6.9. I wasn't aware it was so much different from article 5.2.2. It is obviously irrational since nobody can explain why the logic and the algorithm for the one-sided article 6.9 should be any different from the double whammy 5.2.2. (edit: it's more complicated than this; be back on it some other time)
I am not a lawyer and you are. Which places you in a favourable position where you can withhold some common concepts and practices in law to win an argument. But fortunately I have a good brain capable of recognizing inconsistencies and other illogicalities. Here is one that I assume is commonly known amongst lawyers which I cannot verify:
The one thing not to do in a lawbook (we are discussing the laws of chess) is to define a "legal X". You may define "X" which makes it available for reference in another place or article as "legal X". But you cannot define "legal X" for the simple reason that all things you define in a lawbook are already legal. By defining a "legal X" you not only assign an elusive status to it as something "specially legal" but you also obscure and compete with the common natural language interpretation of "legal X" as given above. Considering you are a lawyer you should have noticed and mentioned this peculiarity in the chess laws a long time ago. The abuse of the "legality"predicate forces us to invent special properties to distinguish what we think was intended (ah, you hate this word!) with legality in one place or another in the text and how it differs from our natural use. No wonder different readers get different viewpoints on the law. Note that "legal moves" do not exist in game theory since such a concept would mathematically equate to "legal axioms" which is insanity beyond all boundaries. There are only "moves".
Lawmakers with an IQ over 50 would not only avoid the expression "legal move" for the prior reason given, they would also avoid it because article 3 is not at all about "legality". It is about the capacities of pieces. By defining them inside a lawbook they become "legal".
I know why FIDE went wrong with this but of course you won't find it in the laws. Defining chess properly requires 4 different approaches to the move concept all of which contribute to its definition: (a) capacities of pieces (b) the position- and history- related requirements (b) the role of the player as the move owner (c) the intensional attributes of the sequential move game you are playing. All 4 of them together determine what is a legal move is - just as rating a commercial enterprise as legal requires conformity with a large number of laws. Like most rule-makers FIDE attempted to reduce concepts and text and went about 3 bridges too far in that effort.
I will be back on the "series of legal moves" and prove that "legal moves" can only be playable moves by the laws - in spite of the fact that the "legal moves" are misdefined.. Another day!
I believe Numquam was referring to the player who's flag fell being in check.
Correct. if we were to interpret "legal moves" like that, then white can checkmate with a single bishop in a rook vs bishop endgame as follows:
Note that it is not immediately checkmate after white's move. Black first gets the move, but then he is checkmated when he runs out of time. Also if white runs out of time in the starting position, then it is a draw.
This would also do
If you accept my interpretation of checkmate in my previous reply to you, then I would say the FIDE laws define either of those positions at the instant the flag falls as checkmate if Black has not completed the required number of moves. This is by Black's failure to comply with 6.3.1 rather than 6.9. After the breach of 6.3.1 (at flagfall) the game is no longer a licit game and Black can therefore make no moves at the point of flagfall, but has the move and is in check.
I don't assert that this is what FIDE intended, only what the laws say. In fact if 6.9 didn't include the second sentence it would make no difference to the result whether or not the positions were checkmate.
Edit
If you were to interpret, "... the opponent has no legal move" in art. 1.4 as "... no piece owned by the opponent has a legal move" then the positions would not be checkmate. On reflection that is probably FIDE's intended interpretation. It would then be unnecessary to assume the opponent 'has' the move, because that follows from the fact that he is in check and miscellaneous other rules.
On that interpretation @Arisktotle's new checkmates are, disappointingly, also not.