I have no idea what your point is here. The point that I, and Joe, are making has absolutely nothing to do with contracts or law. We are talking about constructing protocols, not the legalities of interpreting them afterwards. Saying that because this protocol was agreed it must be right because it was agreed to is just plain stupid.
It has everything to do with contracts because that's what it was: a contract. It has similarities to a scientific test, but it's not done by scientists, it won't be used by scientists, and scientists won't judge its merits.
It is unequivocally a contract. If either party breached the contract, it would be resolved in a court of law. The language therefore must be viewed first and foremost as the language of business.
Will means that something must be done to consider the contract properly executed. Failure to do a
will item can be considered a breach. If the breach is deemed a material breach, the court can force certain remedies.
May items are different. Depending on the wording, a
may item might simply be an optional item or it might be a restrictive item. To say that the subjects
may wear certain types of shirts would reasonably be interpreted as a restrictive item as in "they may only..." wear whatever.
As long as the shirts meet the restrictions given, that's acceptable to the contract. Since more details were
not given, neither party has a solid foundation for protest. Having everyone in the same type of t-shirt is not a breach of the contract because the contract did not specify that this was not allowed either explicitly or implicitly.
Cannot/May Not items entirely restrictive. This means if the party does something they are not supposed to do, it's a breach.
Beyond those clauses, just about everything is fair game in a contract. Any disputes are resolved in court by looking at what is ordinary and customary. If that doesn't help, then the argument becomes about what would be reasonably be expected to give both parties a fair opportunity to execute the contract.
It's a challenge not a test, and the protocol is a contract. If there is a difference in interpretation of the protocol, the fact that it's a
contract trumps any similarities to a scientific test.
Yes, and don't you find it just a little hypocritical to voice your own opinion on flaws in the test, but dismiss any others by saying that since they were agreed to it must be fine? Either flaws can be discussed and your bringing law into it is a pointless red herring, or they can't and your own OP should be dismissed according to your own argument.
That's a straw man.
That's not being prudent, it's being extremely stupid. You cannot leave flexibility when it comes to things like blinding. That's the whole point of having a protocol. If you want to make sure there are no visual clues and everyone looks the same, you have to state that there are no visual clues and that everyone looks the same, you can't just leave it up to people to wear whatever the hell they feel like.
Your inability to understand the logistics doesn't make the IIG stupid. If the IIG agrees to a
will clause and for whatever reason is unable to fulfill that clause, that can be considered a breach of the contract. That opens up the possibility of a lawsuit.
They probably intended all along to have everyone in similar shirts and similar hats. The contract they signed did not preclude them from doing this. What they signed allowed them the flexibility to deal with logistical problems. If they say "identical" shirts and "identical" hats that opens the door for disputes in the definition of identical. Like I said, if they got stuck with some weirdo refusing to wear a hat, they had the flexibility to do a trial without hats. If they signed what you wanted them to sign, they would have risked a breach of contract.
Once again, you are treating the signed protocol like it's a protocol that scientists would describe when they publish a paper. That is simply wrong. It is a contract. It is in the best interest of the IIG to agree to as few
will and
may not clauses as possible because if for any reason they cannot meet those obligations, they will be in breach of the contract.
This is why the IIG did not describe the method they used to find subjects. I'm positive they took a number of steps to make the test as blind as possible, but they were smart not sign a contract that promised Anita how they would go about this. Why? Because it would be a breach of contract to use any other method. So, if their method failed, they would be stuck. If they found a better method, they would be prohibited from using it.
No, it is not acceptable. Again, we are not talking about your nonsensical derail about law, we are talking about protocol design. By your argument a protocol that said "The claimant shall be given the correct answers beforehand" would be acceptable just because everyone agreed to it.
Repeat after me: It's a contract. It is not a document explaining to the world what ingenious steps they took to construct a reliable test.
You do
not know all the behind scenes efforts the IIG took. They have not published anything telling us what they did. All we know is what was written in the
contract that Anita and the IIG signed. It spelled out the minimum requirements for each party as well as the restrictions.
They didn't write down a lot of stuff that they did or did they get too specific about what they agreed to do. For example, they said they were going to take photos, but they didn't say if it was a Polaroid or a digital photo printed on a inkjet or color laser printer. They agreed to just enough to satisfy both parties about the identification process.
There can be no need for flexibility. The whole point of a protocol is to ensure all the conditions are defined exactly, so that there can be no mistakes and no wriggle room.
Well, you're wrong. At the time they agree to the protocol and commence the process, they don't know if they can get 18 identical straw hats. Yes, 18, since some people are weird about wearing hats other people have worn, especially strangers. So, while they may
intend to get 18 identical heights, they were smart enough not to agree to that in writing.
Now you're just being dense.
I think you need to unclench your butt cheeks.
Of course people have pointed out a known method it was possible for her to have used. You can deny that until you're blue in the face, but it's not going to magically change. The protocol left huge holes available for people (not just Anita) to cheat, and one of those holes can be seen to have actually happened. That it seems unlikely anyone actually took advantage of it does not mean it was not there.
There was no hole big enough for her have gotten all three correct. There were gaps that she might have been able to leverage to increase her odds beyond pure guessing.
There were clearly several big flaws with it. That none of these flaws appear to have resulted in any problems does not make them disappear. You started this thread supposedly to discuss the protocol, not the results. My concerns address the protocol. I don't really care, for this discussion, what did and didn't happen. What matters is what could have happened.
I'm not seeing "big flaws." I see gaps, and I see the logistical difficulties in closing every possible gap. I also see you and others thinking the published protocol is anything more than a contract and ignoring that the IIG was allowed to do anything and everything they could possibly think of as long as it didn't violate the contract.
And you don't see that as a problem? The protocol doesn't eliminate some very obvious, easily eliminated, ways of cheating, and that's absolutely fine just because it probably didn't happen?
The contract specifically says that Anita may not cheat.
"If there is any conscious attempt by the Applicant to cheat or thwart, circumvent or deliberately confuse any aspect of the protocol or final verification process the entire test will be suspended and possibly cancelled altogether."
You have no idea that that is the case. It seems unlikely, but it is very much possible, and the fact that the only one she got correct was in fact the one for which we know information was available makes it much more than just a theoretical possibility.
Fine. Maybe she cheated and got one right. Maybe it really wasn't a 1 in 4 chance.
And because it didn't happen, it's perfectly OK to allow it to happen? What a strange attitude to take.
It's not strange at all. What's strange is how blind you are to the obvious. The IIG is not going to go through all of this effort of putting together a challenge and offering $50K only to put a big red X on the target. That would be stupid on their part. Why should they write into the contract that they are not going to do something really stupid? They could just cut her a check instead.
The protocol negotiation is an adversarial process where the IIG wants to protect their money and prove a point while the claimant is trying to get that money and prove a point.
I already explained why the IIG should not sign an agreement as to how they should gather the subjects. There is a big difference between taking a prudent course of action and signing an agreement that requires you take a specific prudent course of action.
It may be there choice, but it would make it a completely invalid test, unless the blinding was specified sufficiently that she could have no way of knowing who was who. Which it wasn't.
It's not a test. It's a challenge. And the IIG is not going to give away their $50K by using her friends and family.
And clearly we can't rely on that, since the proper steps weren't taken. I really am amazed that your entire argument pretty much boils down to saying that we should trust the IIG absolutely and that since nothing went wrong, nothing could have gone wrong.
That's not at all what I'm saying. What I am saying is that there is a huge difference between the published protocol, which is actually a signed contract, and the steps the IIG takes to protect their money. Furthermore, their goal is not to prove anything scientific. Its a publicity stunt.
I'm amazed that you don't seem to grasp these simple concepts.
They do if they want to be taken seriously.
Take seriously by whom? Their challenge is not subject to peer review. It's not going into textbooks. It's a publicity stunt where they took the steps necessary to prove their point. They don't need to convince anyone that they did the best blinding possible.
I'm all for discussing the blinding process and offering suggestions and criticisms. However, I don't believe for a moment that they owe it to anyone to explain themselves. I also judge the blinding process on how well it met the goals of the challenge, which is a different standard than proving something to add to the knowledge base we call science.
If Anita had wanted to cheat, she could easily have guaranteed herself a hit on the second round.
How? By reading all of Bookitty's posts and learning that she lived in Los Angeles, and then convincing Bookitty, who really can't stand Anita personally, to tell her what her friend looked like so that Anita would be able to identify him?
Yep, that's possible. I also think it was a mistake to use Bookitty's friend, but at the same time I don't know how hard it was to find subjects.
Well, see
Athons post for some very good stuff on the subject of science. Suffice to say here that I think your definition of science is so narrow as to be completely worthless.
That's two straw men. I didn't define science. I gave a couple of examples of how toddlers and rats use the scientific method to point out that the use of the scientific method does not automatically mean science is being made.
But they do care about PR. If you give believers an opportunity to make themselves look good or skeptics look bad, they will take. If that opportunity can be even partially justified, they can easily sway the views of the average Joes you apparently care about. It's not enough to simply point out that someone failed a test. The average Joe often doesn't understand the testing any more than the believers do. But they certainly do understand unfairness, and given that skepticism hardly has a positive image anyway, it really doesn't help to give the believers more ammunition.
Who's giving ammunition to believers? I'm saying that I'm not worried about convincing them.
That's the whole point. It's a publicity stunt. If you end up giving the claimants better publicity than yourselves, that's not a good thing. That is exactly why they always strive to be as fair as possible, and to have the tests as reliable as possible. That's why Carina Landin, for example, is allowed a retest even though she actually did worse on the diaries she says are the ones her ability works on. In that case the protocol wasn't violated, it had just been left open enough in one place to make some complaints seem justified to those who didn't look at it in enough depth. And because the JREF understand that this is a publicity stunt, they understand that it looks much better to admit that things weren't perfect and try again, rather than just declaring that the protocol must have been fine because she failed.
According to Jeff Wagg, "We've now learned that the protocol might not have been followed properly by the testers. It seems that some of the diaries were older than was stipulated by the claimant's protocol."