Hans Niemann latest performance

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EBowie
DiogenesDue wrote:
EBowie wrote:

"Thanks for playing"? Is that meant as an insult or something?

My point is that Hans does not have to prove that he was falsely accused because the lack of proof from the accuser provides that "proof" for him.

Except that it doesn't work that way.

I understand its a civil case

MaetsNori
Wolfordwv1968 wrote:
I watched Levy from Gothem review his latest performance in a tourney over seas. His play looked amazing. I believe the old boy is just that good. I don't think he has to do anything extra to win. he can win out right. And many times makes it look easy and forced even against GM'S

We tend look good against lower-rated players.

A 2700 should outplay 2500s with relative ease. Otherwise, ratings mean nothing.

A 2700 beating a 2850, though? That's a different story altogether. The stars have to align just right ...

EBowie
SoupSailor72 wrote:
He can't, which is just one of several reasons this lawsuit will not go anywhere.
That’s not the way it works. If it is not proven that he cheated, that fulfills step A. Step B is the hard part. He must prove that the defendant knew the claims were false and claimed them anyway in order to defame.

Exactly. That's what I was trying to say about step A. Even in a civil case, all Hans has to do is show that no proof was provided for cheating.

DiogenesDue
SoupSailor72 wrote:
He can't, which is just one of several reasons this lawsuit will not go anywhere.
That’s not the way it works. If it is not proven that he cheated, that fulfills step A. Step B is the hard part. He must prove that the defendant knew the claims were false and claimed them anyway in order to defame.

His claims are for damages to his reputation that hinder his career. As an already admitted cheater, he will indeed have to prove that the defendants' newer allegations are false, that they were *willfully* false, and that his career will suffer a million dollars of actual, not potential, damages due to those newer, knowingly false allegations *only*...because his reputation as a past cheater is already established and will be baked into his claims of what damages his career suffered at the hands of the defendants.

EBowie

How do you go about proving allegations are false when the allegations themselves cannot be proven? Makes zero sense.

SoupSailor
Because he has admitted to cheating earlier in his career, he is now presumed guilty until proven otherwise? That’s obviously not true.
DreamscapeHorizons

DiogenesDue
SoupSailor72 wrote:
Because he has admitted to cheating earlier in his career, he is now presumed guilty until proven otherwise? That’s obviously not true.

You guys really need to learn the difference between criminal and civil cases.

Niemann is the "accuser" in this lawsuit. Chess.com, Magnus, and Hikaru are the defendants. To take their money away from them successfully, Niemann must prove the 4 things I laid out originally. His actual guilt or innocence is not being tried, so your question "he is now presumed guilty until proven otherwise?" is meaningless.

That's as far as I go, this was already discussed and laid all this out months ago in half a dozen forum threads. You guys are a little late to the party.

SoupSailor
He has to prove that there was defamation. He doesn’t have to prove that he didn’t cheat. If he did, there would never have been a successful defamation case in history. As @EBowie said: How do you go about proving allegations are false when the allegations themselves cannot be proven?
EBowie
SoupSailor72 wrote:
He has to prove that there was defamation. He doesn’t have to prove that he didn’t cheat. If he did, there would never have been a successful defamation case in history. As @EBowie said: How do you go about proving allegations are false when the allegations themselves cannot be proven?

This

DiogenesDue
EBowie wrote:
SoupSailor72 wrote:
He has to prove that there was defamation. He doesn’t have to prove that he didn’t cheat. If he did, there would never have been a successful defamation case in history. As @EBowie said: How do you go about proving allegations are false when the allegations themselves cannot be proven?

This

Ok geniuses...I'll try to earmark this thread and come back to it when the case is resolved. At that point I will probably make some allegations about you both, but you won't be able to successfully sue me for damages either wink.png...

EBowie

@DiogenesDue

By your logic, you can make any allegation about me and then the onus is on me to prove that your allegation is not true.

Good luck with that.

Kowarenai
DreamscapeHorizons wrote:

hans trying to act like billy from stranger things lol

DiogenesDue
EBowie wrote:

By your logic, you can make any allegation about me and then the onus is on me to prove that your allegation is not true.

False. Never said that. But if you want to sue me for damages for saying you are a dillweed, then you must show that you are not, in fact, a form of dillweed. Defamation implies false claims...otherwise it is just expounding on reality.

Niemann does not have to prove he did not cheat to establish his innocence, but he *does* have to show that the defendants made knowingly false allegations about him that damaged his livelihood. You equate the two things, but there is a discernable difference. Niemann's problem in this civil case is that it's pretty difficult to prove the latter without proving the former...

EBowie

@DiogenesDue

Your first post in this thread said that Niemann has to prove 4 things --- one of which being that he didn't cheat. I was simply disagreeing with that one aspect of your statement. You seem like an intelligent, well-spoken person, and I bet there are more things about this case that we agree on than disagree. It is difficult to have a discussion like this in a forum setting without some level of misunderstanding.

Elroch

There was something very suspicious to me about Niemann's keenness to "defend" his engine-perfect play against Carlsen to reach a winning position when Carlsen played a human mistake, as if he knew immediately after the game that it would look suspiciously perfect. And who feels the need to defend their very precise play when it happens by a bit of luck? You don't need to.

He claimed implausibly to have prepared the line on the computer that morning despite Carlsen having chosen a rather offbeat and unlikely variation as he sometimes does to avoid theory. But Niemann's perfect play also contrasted awkwardly with his surprisingly poor understanding of what was going on in the discussion with a commentator. The idea that he beat Carlsen by rote learning of a single line that he didn't really understand is very dubious.

Six_Pack_Of_Flabs
EBowie wrote:

@DiogenesDue

Your first post in this thread said that Niemann has to prove 4 things --- one of which being that he didn't cheat. I was simply disagreeing with that one aspect of your statement. You seem like an intelligent, well-spoken person, and I bet there are more things about this case that we agree on than disagree. It is difficult to have a discussion like this in a forum setting without some level of misunderstanding.

Someone give this man a cookie! If everyone in the forums were like this, the chess.com community would be a wonderful place.

DiogenesDue
EBowie wrote:

@DiogenesDue

Your first post in this thread said that Niemann has to prove 4 things --- one of which being that he didn't cheat. I was simply disagreeing with that one aspect of your statement. You seem like an intelligent, well-spoken person, and I bet there are more things about this case that we agree on than disagree. It is difficult to have a discussion like this in a forum setting without some level of misunderstanding.

I agree.

This is what I said:

"The burden of proof is on Niemann, and he has to prove 4 criteria are all true, not just that he didn't cheat."

You read this as me saying that Niemann's proving he did not cheat must be one of the 4 criteria. If I had wanted to go dig up the exact language of the 4 criteria again, you would have seen that "prove he didn't cheat" was not one of them, but since I did not list the criteria, and I used the word "just", you moved "prove he didn't cheat" into a Venn diagram with the 4 criteria wink.png. But it was just shorthand summation for two separate things, previously defined months ago, that I was trying not to spend a bunch of time reiterating.

DreamscapeHorizons
Kowarenai wrote:
DreamscapeHorizons wrote:
 

hans trying to act like billy from stranger things lol

I had to look up who that was & then I looked at some Billy Hargrove memes. Yep, that's Hans alter ego.

duleee28

Hi