On chess, cheating, and credibility.

On chess, cheating, and credibility.

On chess, cheating, and credibility.

Published on:

28 Oct 2022

2

min read

#chess
#chess
#Niemann
#Niemann
#Carslen
#chess
#chess

Photo by Randy Fath from Unsplash

On chess, cheating, and credibility.

Magnus Carlsen is one of the best chess players of all time, and the reigning world no. 1. Hans Niemann is a very good chess player, ranked 49th.¹

In September 2022, Carlsen lost a game to Niemann in the Sinquefield Cup, a chess tourney.²

Carlsen then withdrew from the tourney, despite there being plenty more games to be played.³ He tweeted a video of José Mourinho saying "I prefer really not to speak. If I speak, I am in big trouble."⁴

2 weeks later, Carlsen played Niemann online. He resigned after playing one move.

A week later, Carlsen released a statement, including the following comments:

"I believe that Niemann has cheated more - and more recently - than he has publicly admitted...⁵ I don't want to play against people that have cheated repeatedly in the past..."

Niemann is now suing Carlsen and other parties for defamation and collusion.

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3 takeaways, for those who (like Niemann) want to sue to vindicate their reputations.

First: consider what exactly were the statements made, and not just your interpretation.

Consider Carlsen's statement in full:
https://lnkd.in/gsqW8pWU.

Ask yourself: did Carlsen accuse Niemann of cheating in the Sinquefield Cup?

Yes, we could argue innuendo, but that's my point - it's arguable.

Justification (i.e. truth) is a defence to a defamation claim. Carlsen will likely argue that he did not accuse Niemann of cheating in the Sinquefield Cup, and therefore need not prove that cheating occurred then. The dispute may then shift towards whether Niemann has cheated more, and more recently, than admitted.⁶

Second: if you come at the king, you best not miss.⁷

By suing, Niemann has raised the stakes. Maybe he thinks he has nothing to lose - that he is now persona non grata thanks to Carlsen, and that he must go on the offensive in order to reclaim his (or any) place in the chess world.

If he wins, good for him. But the path to victory is long and winding, with no guarantee of success.

And if he loses in Court, then the world will likely interpret this as confirmation that he did cheat - even if the Court makes no direct finding on this.

Is this a risk worth taking? Time will tell.

Third: don't get distracted by big numbers.

Niemann has sued for damages of at least USD 100 million.

If he wins, he might get it. That's a question of US federal / Missouri law, which I'm not qualified to comment on.

But here's the thing - anyone can sue for any sum of money. There's nothing to stop you from suing for 100 billion dollars.⁸ Whether or not you can prove you are entitled to this sum is a separate story.

So before commencing any claim, get advice on the damages you are likely to obtain if you succeed. Don't be unduly influenced by the figures thrown around in other cases, which may not be relevant to your case. Be realistic about the likely outcomes.

Disclaimer:

The content of this article is intended for informational and educational purposes only and does not constitute legal advice.

Footnotes:
Footnotes:

¹ As of September 2022: https://en.chessbase.com/post/fide-ratings-september-2022.

² Based on a difference of 173 in their respective Elo rating points, it appears that Niemann had a <30% chance of beating Carlsen: https://en.wikipedia.org/wiki/Elo_rating_system; https://www.318chess.com/elo.html.

³ The tournament follows a round-robin format, as opposed to an elimination format.

⁴ The well-known football manager. For some context: https://weaintgotnohistory.sbnation.com/2014/3/16/5513666/mourinho-aston-villa-chelsea-post-match-reaction.

⁵ Niemann has admitted to cheating in the past: https://www.theguardian.com/sport/2022/sep/07/top-chess-player-hans-niemann-admits-cheating-in-past-but-says-he-is-now-clean.

⁶ Carlsen will likely rely on a report released by Chess.com which draws certain conclusions: https://www.chess.com/blog/CHESScom/hans-niemann-report.

⁷ Omar Little, The Wire. Here's a more in-depth analysis of the origins of the phrase:
https://www.barrypopik.com/index.php/new_york_city/entry/if_youre_going_to_shoot_the_king_dont_miss.

⁸ I just wanted an excuse to share this timeless clip: https://www.youtube.com/watch?v=jTmXHvGZiSY.

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