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Old July 1st 08, 05:56 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess,rec.games.chess.computer,misc.legal
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Default Mottershead defends himself against Accusations by Mark Nibbelin

[quote="Brian Mottershead"]
Quote:
Originally Posted by marknibb
Quote:
Originally Posted by Brian
Mottershead
The notion that I just up and released the information publicly is
false. For one thing, I did not release the information publicly.
I turned on a feature of this forum that enabled people to draw their
own conclusions as to the identity of the FSS poster, with some
pointing-in-the-right-direction from me. Based on the exposed IP
addresses, other people had posted the conclusion that FSS and Paul
Truong were the same before I did. I do not deny that this is
precisely what I expected and intended. Even after that happened, I
put my detailed conclusions in a private report to the Executive
Board, the so-called "Mottershead Report". I did not release that
report publicly, and have not since. One or more of the very
small set of people to whom I confidentially sent that report released
it, and I still do not know who that was.

Brian Mottershead
Brian, do you here claim to have released the report to anyone other
than ED or president of the EB, whom you claim authorized your "fact
gathering"?

In fact, have you previously stated that there were two individuals
who you released your report to?

Do you consider this release of your report, taken from USCF data, to
have been appropriate?

To your knowledge, was your report taken from data that Mr. Truong has
been denied access to?

To your knowledge, is that data considered "confidential USCF data"?

Mark Nibbelin
As you know, Mark, I have previously stated that I sought input,
review, and advice regarding the report from three other people
besides those to whom Bill Hall instructed me to send it. They
promised confidentiality. I do not believe any of them were
responsible for the release of the report on the Internet, but I could
be wrong. Bill Hall told me to send the report to himself and the
EB members. A few days later after sending the report to that group,
Hall also asked me to include Mike Nolan. In addition, several days
later, Brian Lafferty, having somehow heard of the report, asked me
for a copy of it so that he could include it as part of a criminal
complaint to the US Attorney in Springfield MA. He promised to use
it for that purpose only, and I believe he kept that promise. I've
been over this before, as you know.

Whoever did leak it considered his/her promise of confidentiality to
me, or to the USCF, less important than the information becoming
public. While I did not authorize that, I do not disapprove.

The information in the report is based entirely on the information
that is in the appendices of the report, and it is these appendices
that the various experts have used in confirming the conclusions of
the report. Truong has asked for access to web logs, the forum
database, and other information beyond that included in the appendices
of the report. Depending on your point of view, this could be a
legitimate request to find exculpatory evidence not contained in the
appendices of the report, or it could be simply a fishing expedition
for anything that will sow confusion or embarass critics. If the
Sloan suit progresses, Truong will be able to avail himself of
discovery under court supervision, as will the other parties regarding
ISP logs and other information that was requested from Truong.

Brian Mottershead
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