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=== The acquisition and trial ===
=== The acquisition and trial ===
{{gb|Autonomy was a British tech darling of the early 2000s.<li>
Autonomy was a British tech darling of the early 2000s founded by Cambridge mathematics PhD Mike Lynch. Autonomy's flagship product was IDOL: Intelligent data operating layer a platform using at the time advanced pattern recognition techniques to extract management information and data from the sort of unstructured information with which most corporations are inundated — documents, correspondence, contracts, instant messages, email and phone data.  
In 2011 it was acquired by Hewlett-Packard for 11.1 billion US dollars.<li>The acquisition was a disaster. HP eventually wrote down Autonomy's value by $8.8 billion.<li>
HP sued Autonomy CEO Mike Lynch and his management team, accusing them of fraudulent accounting and misleading HP into overpaying for the company.<li>
In 2022 HP was successful in its litigation. Lynch was found personally liable and ordered to pay US$1bn in damages. <li>
Hot on the heels of the civil trial, Lynch and Stephen Chamberlain, Autonomy’s former Vice President of Finance, were extradited to the US to face criminal charges including wire fraud and conspiracy.<li>
In June 2024, Lynch and Chamberlain were acquitted on all counts. The jury were not persuaded [[beyond reasonable doubt]] that Lynch had intentionally committed fraud. <li>
Chamberlain returned to his home in Cambridgeshire, while Lynch treated his daughter and some close friends to a cruise on his superyacht, ''The Bayesian'' on a cruise in the Mediterranean by way of celebration. <li>
On 17 August 2024, two months after his acquittal, Stephen Chamberlain was hit by a car while jogging in Longstanton Cambridgeshire. <li>
While at anchor off the north coast of Sicily early on the morning of August 19, 2024, ''The Bayesian'' was hit by a freak storm and, in the pace of about 7 minutes, capsized and sank. Lynch his daughter and five others were killed.
}}


Hewlett Packard acquired Autonomy in 2011 for US$11 billion. This was a 70% premium over Autonomy’s stock market valuation.
It may not, therefore, be a surprise to the reader — though it was to HP’s executive — that the acquisition was a disaster: HP was unable to make the business workable and eventually wrote down its investment by $8.8 billion.
HP sued Lynch and his management team, accusing them of fraudulent accounting, overstating earnings and revenue, and misleading HP into overpaying for the company. The litigation went on for years.
In 2022, having spent an estimated USD100m prosecuting it, HP won its case and Lynch was ordered to pay US$1bn in damages (of the US$5bn HP had claimed).
Now, as [[Matt Levine]] often reminds us, in the US, everything is securities fraud. While the civil case continued, Lynch and Autonomy’s former Vice President of Finance Stephen Chamberlain were charged with criminal wire fraud and conspiracy and in May 2023, extradited to the US to face criminal trial.
In June 2024, Lynch and Chamberlain were acquitted on all counts. The jury was not persuaded [[beyond reasonable doubt]] that Lynch had intentionally committed fraud.
After the acquittal, Chamberlain returned to his home in Cambridgeshire while, by way of celebration, Lynch treated his daughter and some close friends to a fortnight on his superyacht, ''The Bayesian'' in the Mediterranean.
On 17 August 2024 Stephen Chamberlain was hit by a car while jogging in Longstanton Cambridgeshire. He died of his injuries two days later.
Early on the morning of the same day, while at anchor half a mile off the port of Porticello on the north coast of Sicily, ''The Bayesian'' was hit by a freak storm and, in the space of about 16 minutes, capsized and sank, tragically killing Lynch, his daughter and five others.
===Conspiracy theory===
===Conspiracy theory===
The improbable circumstances of Chamberlain’s and Lynch’s deaths, within days of each other and, just two months after their acquittal, raised eyebrows. It seemed to be an extraordinary coincidence although the mainstream commentary quickly rationalised an actual conspiracy was highly unlikely — no one had anything obvious to gain, for one thing, and orchestrating any freak storm at all, let alone powerful enough to capsize and sink a 55-metre, 550-ton yacht is beyond the capacity even of the deep state. If you wanted to “off” a business executive, there were ''far'' easier ways of doing it.
The improbable circumstances of these accidents, within two days of each other and just weeks after their acquittals, raised eyebrows. It seemed, if nothing else, to be an ''extraordinary'' coincidence although the mainstream media quickly rationalised that an actual conspiracy here was highly unlikely — no one had anything obvious to gain, for one thing, and orchestrating any freak storm at all, let alone powerful enough to capsize and sink a 55-metre, 550-ton yacht is beyond the capacity even of the deep state. If you wanted to “off” a business executive, there were ''far'' easier ways of doing it.


Yes, still, the unfiltered maw of uninformed public speculation — from which I write, dear correspondent — found this all very fishy.
Yes, still, the unfiltered maw of uninformed public speculation — from which I write, dear correspondent — found this all very fishy.


How could a $40m state-of-the-art superyacht, crewed by experienced mariners sink at anchor during a summer Mediterranean storm?
How could a $40m state-of-the-art superyacht, crewed by experienced mariners just ''sink'', in sixteen minutes, while at anchor, during a summer Mediterranean storm?
 
===Conspiracy v irony: Bayesian reasoning===
We hear more and more about “[[Bayesian reasoning]]”. This method of statistical reasoning derived from the work of Thomas Bayes, an (at the time) obscure 18th-century Presbyterian minister from Tunbridge Wells, now dominates modern information technology and was important enough to Mike Lynch's business for him to name a £30m yacht in its honour.
 
{{qd|Bayesian reasoning|/beɪːzˈiːən ˈriːzᵊnɪŋ/|n|A method of statistical inference that updates a probability as more information becomes available about the hypothesis. Bayesian reasoning ensures comprehensive use of available information:
{{L1}}improves risk assessment and forecasting.<li>
is used in artificial intelligence to allow machine learning algorithms to learn and adapt from their data more effectively. <li>
helps evaluate evidence and enables more informed judgments, ensuring that decisions are based on a comprehensive analysis of all available information</ol>}}


In any case, the blame and recrimination process started quickly. Italian police launch an investigation into the incident raising the possibility of manslaughter or culpable shipwreck charges against the Bayesian’s skipper, chief engineer and the sailor on watch duty at the time of the incident.<ref>https://apnews.com/article/italy-sicily-superyacht-sinking-investigation-7b26e40e9efd69c4d08e189093f67ad9</ref>
Automony’s Intelligent Data Operating Layer (IDOL) system used Bayesian inference to manage and analyze unstructured data, enabling it to make probabilistic predictions and improve information retrieval.


In the meantime, the Bayesian’s boatbuilder The Italian Sea Group, launched and then quickly disowned, a civil suit against the Bayesian’s crew and owner — a company controlled by Mike Lynch’s widow Angla Bacares — seeking compensation for reputational damage and loss of earnings, alleging among other things that the crew was inappropriately selected, did not make necessary preparations for the storm despite advanced weather warnings, and their actions during the storm contributed to the sinking.
===Blame and exculpation===
{{drop|T|he blame and}} recrimination process started quickly. Italian police launch an investigation into the incident raising the possibility of manslaughter or culpable shipwreck charges against the Bayesian’s skipper, chief engineer and the sailor on watch duty at the time of the incident.<ref>https://apnews.com/article/italy-sicily-superyacht-sinking-investigation-7b26e40e9efd69c4d08e189093f67ad9</ref>


TISG itself is under police investigation in connection with the tragedy: this may explain its apparently precipitate behaviour in launching formal legal proceedings. One way of getting ahead of suspicion as a perpetrator is to cast yourself as the victim of wrongdoing.
In the meantime, the Bayesian’s boatbuilder The Italian Sea Group launched, then quickly disowned, a civil suit against the Bayesian’s crew and owner — a company controlled by Mike Lynch’s widow Angla Bacares — seeking compensation for reputational damage and loss of earnings, alleging among other things that the crew was inappropriately selected, did not make necessary preparations for the storm despite advanced weather warnings, and their actions during the storm contributed to the sinking.


of the yacht alleging reputational damage Caused by their negligent operation of the vessel
TISG itself is under police investigation in connection with the tragedy: this may explain its precipitate behaviour in launching formal legal proceedings: one way of getting ahead of suspicion as a wrongdoer is to cast yourself as the victim.


===Conspiracy and systems: two competing theories===
===Linear and systems: two competing theories===
Hold this as a provisional hypothesis: We can bifurcate explanations of the world into [[conspiracy theory|''conspiracy'' theories and [[systems theory|''systems'' theories]].  
{{quote| A conspiracy theorist is someone who’s never tried to organise a surprise party.
— John F. Kennedy}}
Hold this as a provisional hypothesis: We can bifurcate explanations of the world into [[Linear theory|''linear'' theories]] and [[systems theory|''systems'' theories]].  


Conspiracy theories put ultimate credit or blame, for the way the world . or a part of it, is down to the intentional actions, be they malign or well-meant, of a limited number of improbably influential people.
“Linear theories” view the world as a linear [[complicated system]].<ref>[[Complicated system]]s are bounded interactive processes: they involve interaction with autonomous agents but within fixed boundaries and according to preconfigured, known and static rules of engagement. All relevant information is available to, even if not necessarily known by, all participants in the system.</ref> They maybe forward or backward engineered. It may require great skill to navigate a complicated system but they are nevertheless in theory predictable, in the sense that all events are caused and have effects. One can regard the behaviour of the system as a case of causes and effects. There are “root causes” for what happens which dominate the incidental circumstances in which they operate. The inspirational CEO, the star striker, the [[Bad apple|bad apples]] who ruined it for everyone, the [[operator]] whose human error caused the air crash: these are linear explanations.  


I will grant you at once, this is a wide conception indeed of “conspiracy theory”: it includes not just gunpowder plots and Russian bots in Western elections but the general idea that great art is the product of singular genius, commercial success is the outcome of exceptional leadership, and jazz is not just a succession of happy accidents.
Conspiracy theories are typically linear explanations in that they put ultimate blame (or credit) for a given state of affairs things down to the intentional actions, be they malign or well-meant, of a limited number of disproportionately influential people.


By contrast, systems theory says in a nutshell, into a bit more complicated than that. In the case of great artists and great visionary business people, their input into the artistic process is not discounted altogether but instead aggregated with a great deal of other system information to generate an outcome. Shakespeare was indeed a genius but would yet have died in anonymity were it not for his sponsors, publishers, patrons, theatres, actors, critics and audience: the maginificent cultural establishment that we now know as the Shakespeare canon contains a lot of stuff that was nothing to do with William Shakespeare.  
 
“Systems theories” view the world as a non-linear [[complex system]].<ref>[[Complex systems]] are “unbounded, interactive process. Involves interaction with autonomous agents without boundaries, without pre-agreed rules, and where information is limited and asymmetric. Rules, boundaries and each participant’s objectives are dynamic and change interactively. Impossible to predict.”</ref> attribute outcomes to the behaviour of a wider interlocking system of relationships where individuals’ acumen or motivations contribute to, but rarely determine the outcomes the system produces. They are usually non-linear: in a [[complex system]] ''unexpectable'' things can and do happen. This is generally not a single person’s fault, but an unexpected consequence of the design of the system. As systems experience unexpected consequences they tend to learn and adjust to them.
 
Old systems, having been around for longer and having been exposed to more variations in condition, are better stress-tested and therefore throw up fewer unexpected consequences than ''new'' systems.<ref>This is sometimes called the “[[Lindy effect]]”, but is also explained in terms of [[Pace layering|pace layering]]: old systems occupy deeper layers.</ref>
 
 
I will grant you at once that this is a wide conception indeed of “conspiracy theory”: it includes not just gunpowder plots and Russian bots in Western elections but the general idea that great art is the product of singular genius, commercial success is the outcome of exceptional leadership, and jazz is not just a succession of happy accidents.
 
By contrast, systems theory says in a nutshell, into a bit more complicated than that. In the case of great artists and great visionary business people, their input into the artistic process is not discounted altogether but instead aggregated with a great deal of other system information to generate an outcome. Shakespeare was indeed a genius but would yet have died in anonymity were it not for his sponsors, publishers, patrons, theatres, actors, critics and audience: the magnificent cultural establishment that we now know as the Shakespeare canon contains a lot of stuff that was nothing to do with William Shakespeare.  


====Systems and paradigms====
====Systems and paradigms====
Line 40: Line 67:
====Systemantics====
====Systemantics====
The best place to start [[systems theory]] is {{author|John Gall}}’s short, acerbic, funny and devastatingly incisive book {{br|Systemantics: The Systems Bible}}. System theories have an acronym: “POSIWID”: the “''purpose of a system is what it does''”. This, Gall gently points out, Is by inevitable outcome not what those who designed the system had in mind. The System tends to oppose its own intended function so therefore to blame conspirators Who occupy positions of ostensible influence and power within the system is rather to miss the point. They are as much victims of systemantics as anyone else.
The best place to start [[systems theory]] is {{author|John Gall}}’s short, acerbic, funny and devastatingly incisive book {{br|Systemantics: The Systems Bible}}. System theories have an acronym: “POSIWID”: the “''purpose of a system is what it does''”. This, Gall gently points out, Is by inevitable outcome not what those who designed the system had in mind. The System tends to oppose its own intended function so therefore to blame conspirators Who occupy positions of ostensible influence and power within the system is rather to miss the point. They are as much victims of systemantics as anyone else.
====Operator error====
We should not be surprised to hear operator error advanced as a cause. It is a clear, linear root cause — suitable for a linear theory of complicated system where a trained expert fell short of a required standard — and it has the additional advantage of ''not challenging the overall integrity of the system''. It was not management’s fault, nor failure to supervise, nor the ship’s design, but component failure. Where the component that fails is an autonomous agent there is only so much a system administrator can do.  The strategic end-point is to ''design out the need for autonomous components in the system'' at all — until very recently this has been an impossible Idealistic end point but with natural language models equipped with, powers of, well, Bayesian reasoning (I told you there would be some irony in this post), perhaps that point is not so far away.
But as long as fallible human autonomous agents are still needed for edge case tasks — for all the mindboggling technology aboard a state of the art super yacht, it still needs a skipper an engineer and a watch detail — the scope for human error is unavoidable.
====Defamation====
The claim was brought at Italian law, and withdrawn before anyone got much of a look at it, but it is fun to imagine it was essentially one of [[defamation]]:
{{Qd|Defamation|ˌdɛfəˈmeɪʃᵊn|n|A false statement about a person, communicated to others, that harms the person’s reputation.
The statement must be untrue, specific enough to identify the person and published or shared with third parties such that it damages the person’s reputation or standing.}}
Can your careless ''conduct'' — not “representational” gestures; actually non-communicative acts, like steering (or not steering) a boat — be a ''statement''?
The defamatory “statement”, we presume, would be that ''the boat was designed so badly that, even at anchor, a crew of competent professionals sailors could not stop it scuttling in a severe storm''.
That allegation would certainly be defamatory to a shipbuilder. ''If it were untrue''.
But the problem the shipbuilder has is that the ship ''did'' sink at anchor in a storm. This does normally happen to well designed ships. Presuming it was well designed, then either (i) the storm’s ferocity or (ii) the sailors’ negligence, was truly unprecedented.
And here, again Bayesian reasoning can help us. We have 3500 years of Mediterranean seafaring experience. This plays out across two dimensions firstly the experience of the kind of weather conditions that can occur in the Mediterranean. Our “Lindy database” of freak events — which include eruptions on Etna and the Aeolian islands, is massive. Each one of those experiences in is buried deep in the pace layers of Mediterranean seafaring knowledge. We know the conditions ship builders must design for. The other dimension is the parameters of ship design. Ships falling comfortably within the tested limits of ship design are unlikely to be unsuitable for the conditions in the Mediterranean. The bayesian was not unusually long, nor unusually heavy, nor was its retractable keel and unusual design. While it is a relatively new innovation, it's a specific advantage in the comparatively shallow and tranquil waters of the Mediterranean.
So the Bayesian was in most respects not an unusual boat. But it was in one colon at the time of its construction in 2008, the bayesians mast was the tallest single yacht mast in history. The next tallest, one of the five masts on the royal clipper, constructed in 2000, with just 60 meters, some 12 meters shorter than the bayesian’s 73 m mast. And the royal clipper is a 179 metre long, permanently keeled square rigged ship. The Bayesian’s mast, relative to its Hull length and given its retractable keel, was extraordinarily disproportionate.
A third angle of prior probability is the acumen of the crew. We should review The historical information for situations in which crew failure was the sole attributed cause of the sinking of a ship at anchor.
This is really another way of asking this question: is it possible to design out of a ship the risk that it would be capsized and sunk purely by inclement weather? Can you solve for human failure, or is the nature of seafaring so dependent on human decision that it is impossible for a ship to design a way the risk of human error?

Revision as of 22:16, 22 September 2024

The acquisition and trial

Autonomy was a British tech darling of the early 2000s founded by Cambridge mathematics PhD Mike Lynch. Autonomy's flagship product was IDOL: Intelligent data operating layer a platform using at the time advanced pattern recognition techniques to extract management information and data from the sort of unstructured information with which most corporations are inundated — documents, correspondence, contracts, instant messages, email and phone data.

Hewlett Packard acquired Autonomy in 2011 for US$11 billion. This was a 70% premium over Autonomy’s stock market valuation.

It may not, therefore, be a surprise to the reader — though it was to HP’s executive — that the acquisition was a disaster: HP was unable to make the business workable and eventually wrote down its investment by $8.8 billion.

HP sued Lynch and his management team, accusing them of fraudulent accounting, overstating earnings and revenue, and misleading HP into overpaying for the company. The litigation went on for years.

In 2022, having spent an estimated USD100m prosecuting it, HP won its case and Lynch was ordered to pay US$1bn in damages (of the US$5bn HP had claimed).

Now, as Matt Levine often reminds us, in the US, everything is securities fraud. While the civil case continued, Lynch and Autonomy’s former Vice President of Finance Stephen Chamberlain were charged with criminal wire fraud and conspiracy and in May 2023, extradited to the US to face criminal trial.

In June 2024, Lynch and Chamberlain were acquitted on all counts. The jury was not persuaded beyond reasonable doubt that Lynch had intentionally committed fraud.

After the acquittal, Chamberlain returned to his home in Cambridgeshire while, by way of celebration, Lynch treated his daughter and some close friends to a fortnight on his superyacht, The Bayesian in the Mediterranean.

On 17 August 2024 Stephen Chamberlain was hit by a car while jogging in Longstanton Cambridgeshire. He died of his injuries two days later.

Early on the morning of the same day, while at anchor half a mile off the port of Porticello on the north coast of Sicily, The Bayesian was hit by a freak storm and, in the space of about 16 minutes, capsized and sank, tragically killing Lynch, his daughter and five others.

Conspiracy theory

The improbable circumstances of these accidents, within two days of each other and just weeks after their acquittals, raised eyebrows. It seemed, if nothing else, to be an extraordinary coincidence although the mainstream media quickly rationalised that an actual conspiracy here was highly unlikely — no one had anything obvious to gain, for one thing, and orchestrating any freak storm at all, let alone powerful enough to capsize and sink a 55-metre, 550-ton yacht is beyond the capacity even of the deep state. If you wanted to “off” a business executive, there were far easier ways of doing it.

Yes, still, the unfiltered maw of uninformed public speculation — from which I write, dear correspondent — found this all very fishy.

How could a $40m state-of-the-art superyacht, crewed by experienced mariners just sink, in sixteen minutes, while at anchor, during a summer Mediterranean storm?

Conspiracy v irony: Bayesian reasoning

We hear more and more about “Bayesian reasoning”. This method of statistical reasoning derived from the work of Thomas Bayes, an (at the time) obscure 18th-century Presbyterian minister from Tunbridge Wells, now dominates modern information technology and was important enough to Mike Lynch's business for him to name a £30m yacht in its honour.

Bayesian reasoning
/beɪːzˈiːən ˈriːzᵊnɪŋ/ (n.)

A method of statistical inference that updates a probability as more information becomes available about the hypothesis. Bayesian reasoning ensures comprehensive use of available information:

  1. improves risk assessment and forecasting.
  2. is used in artificial intelligence to allow machine learning algorithms to learn and adapt from their data more effectively.
  3. helps evaluate evidence and enables more informed judgments, ensuring that decisions are based on a comprehensive analysis of all available information

Automony’s Intelligent Data Operating Layer (IDOL) system used Bayesian inference to manage and analyze unstructured data, enabling it to make probabilistic predictions and improve information retrieval.

Blame and exculpation

The blame and recrimination process started quickly. Italian police launch an investigation into the incident raising the possibility of manslaughter or culpable shipwreck charges against the Bayesian’s skipper, chief engineer and the sailor on watch duty at the time of the incident.[1]

In the meantime, the Bayesian’s boatbuilder The Italian Sea Group launched, then quickly disowned, a civil suit against the Bayesian’s crew and owner — a company controlled by Mike Lynch’s widow Angla Bacares — seeking compensation for reputational damage and loss of earnings, alleging among other things that the crew was inappropriately selected, did not make necessary preparations for the storm despite advanced weather warnings, and their actions during the storm contributed to the sinking.

TISG itself is under police investigation in connection with the tragedy: this may explain its precipitate behaviour in launching formal legal proceedings: one way of getting ahead of suspicion as a wrongdoer is to cast yourself as the victim.

Linear and systems: two competing theories

A conspiracy theorist is someone who’s never tried to organise a surprise party.

— John F. Kennedy

Hold this as a provisional hypothesis: We can bifurcate explanations of the world into linear theories and systems theories.

“Linear theories” view the world as a linear complicated system.[2] They maybe forward or backward engineered. It may require great skill to navigate a complicated system but they are nevertheless in theory predictable, in the sense that all events are caused and have effects. One can regard the behaviour of the system as a case of causes and effects. There are “root causes” for what happens which dominate the incidental circumstances in which they operate. The inspirational CEO, the star striker, the bad apples who ruined it for everyone, the operator whose human error caused the air crash: these are linear explanations.

Conspiracy theories are typically linear explanations in that they put ultimate blame (or credit) for a given state of affairs things down to the intentional actions, be they malign or well-meant, of a limited number of disproportionately influential people.


“Systems theories” view the world as a non-linear complex system.[3] attribute outcomes to the behaviour of a wider interlocking system of relationships where individuals’ acumen or motivations contribute to, but rarely determine the outcomes the system produces. They are usually non-linear: in a complex system unexpectable things can and do happen. This is generally not a single person’s fault, but an unexpected consequence of the design of the system. As systems experience unexpected consequences they tend to learn and adjust to them.

Old systems, having been around for longer and having been exposed to more variations in condition, are better stress-tested and therefore throw up fewer unexpected consequences than new systems.[4]


I will grant you at once that this is a wide conception indeed of “conspiracy theory”: it includes not just gunpowder plots and Russian bots in Western elections but the general idea that great art is the product of singular genius, commercial success is the outcome of exceptional leadership, and jazz is not just a succession of happy accidents.

By contrast, systems theory says in a nutshell, into a bit more complicated than that. In the case of great artists and great visionary business people, their input into the artistic process is not discounted altogether but instead aggregated with a great deal of other system information to generate an outcome. Shakespeare was indeed a genius but would yet have died in anonymity were it not for his sponsors, publishers, patrons, theatres, actors, critics and audience: the magnificent cultural establishment that we now know as the Shakespeare canon contains a lot of stuff that was nothing to do with William Shakespeare.

Systems and paradigms

I rabbit on a lot on this site about power structures and paradigms. These are systems of political, scientific and cultural control.

Systemantics

The best place to start systems theory is John Gall’s short, acerbic, funny and devastatingly incisive book Systemantics: The Systems Bible. System theories have an acronym: “POSIWID”: the “purpose of a system is what it does”. This, Gall gently points out, Is by inevitable outcome not what those who designed the system had in mind. The System tends to oppose its own intended function so therefore to blame conspirators Who occupy positions of ostensible influence and power within the system is rather to miss the point. They are as much victims of systemantics as anyone else.

Operator error

We should not be surprised to hear operator error advanced as a cause. It is a clear, linear root cause — suitable for a linear theory of complicated system where a trained expert fell short of a required standard — and it has the additional advantage of not challenging the overall integrity of the system. It was not management’s fault, nor failure to supervise, nor the ship’s design, but component failure. Where the component that fails is an autonomous agent there is only so much a system administrator can do. The strategic end-point is to design out the need for autonomous components in the system at all — until very recently this has been an impossible Idealistic end point but with natural language models equipped with, powers of, well, Bayesian reasoning (I told you there would be some irony in this post), perhaps that point is not so far away.

But as long as fallible human autonomous agents are still needed for edge case tasks — for all the mindboggling technology aboard a state of the art super yacht, it still needs a skipper an engineer and a watch detail — the scope for human error is unavoidable.

Defamation

The claim was brought at Italian law, and withdrawn before anyone got much of a look at it, but it is fun to imagine it was essentially one of defamation:

Defamation
ˌdɛfəˈmeɪʃᵊn (n.)

A false statement about a person, communicated to others, that harms the person’s reputation.

The statement must be untrue, specific enough to identify the person and published or shared with third parties such that it damages the person’s reputation or standing.

Can your careless conduct — not “representational” gestures; actually non-communicative acts, like steering (or not steering) a boat — be a statement?

The defamatory “statement”, we presume, would be that the boat was designed so badly that, even at anchor, a crew of competent professionals sailors could not stop it scuttling in a severe storm.

That allegation would certainly be defamatory to a shipbuilder. If it were untrue.

But the problem the shipbuilder has is that the ship did sink at anchor in a storm. This does normally happen to well designed ships. Presuming it was well designed, then either (i) the storm’s ferocity or (ii) the sailors’ negligence, was truly unprecedented.

And here, again Bayesian reasoning can help us. We have 3500 years of Mediterranean seafaring experience. This plays out across two dimensions firstly the experience of the kind of weather conditions that can occur in the Mediterranean. Our “Lindy database” of freak events — which include eruptions on Etna and the Aeolian islands, is massive. Each one of those experiences in is buried deep in the pace layers of Mediterranean seafaring knowledge. We know the conditions ship builders must design for. The other dimension is the parameters of ship design. Ships falling comfortably within the tested limits of ship design are unlikely to be unsuitable for the conditions in the Mediterranean. The bayesian was not unusually long, nor unusually heavy, nor was its retractable keel and unusual design. While it is a relatively new innovation, it's a specific advantage in the comparatively shallow and tranquil waters of the Mediterranean. So the Bayesian was in most respects not an unusual boat. But it was in one colon at the time of its construction in 2008, the bayesians mast was the tallest single yacht mast in history. The next tallest, one of the five masts on the royal clipper, constructed in 2000, with just 60 meters, some 12 meters shorter than the bayesian’s 73 m mast. And the royal clipper is a 179 metre long, permanently keeled square rigged ship. The Bayesian’s mast, relative to its Hull length and given its retractable keel, was extraordinarily disproportionate.

A third angle of prior probability is the acumen of the crew. We should review The historical information for situations in which crew failure was the sole attributed cause of the sinking of a ship at anchor.

This is really another way of asking this question: is it possible to design out of a ship the risk that it would be capsized and sunk purely by inclement weather? Can you solve for human failure, or is the nature of seafaring so dependent on human decision that it is impossible for a ship to design a way the risk of human error?

  1. https://apnews.com/article/italy-sicily-superyacht-sinking-investigation-7b26e40e9efd69c4d08e189093f67ad9
  2. Complicated systems are bounded interactive processes: they involve interaction with autonomous agents but within fixed boundaries and according to preconfigured, known and static rules of engagement. All relevant information is available to, even if not necessarily known by, all participants in the system.
  3. Complex systems are “unbounded, interactive process. Involves interaction with autonomous agents without boundaries, without pre-agreed rules, and where information is limited and asymmetric. Rules, boundaries and each participant’s objectives are dynamic and change interactively. Impossible to predict.”
  4. This is sometimes called the “Lindy effect”, but is also explained in terms of pace layering: old systems occupy deeper layers.