[blml] Clarification...

[Tim West-Meads]

Nigel wrote:
> 
> [Tim West-Meads]
> It's not an implicit agreement - it's a habit of Herman's of which 
> most of his partners are unaware (so there's nothing to disclose).
> 
> [nige2]
> Another flat contradiction from Tim without basis in fact. Herman 
> has told us that his regular partners joke about the fact that he 
> opens 1H when he has 0-3HCP in 3rd seat.

Herman has also told us that he plays with many different people.  Most
of those probably haven't seen or heard of his habit.
One or two of his most regular partners may well be aware of (and joke
about) his habit - particularly if they read BLML.
I'm sure Herman will confirm.
 
> IMO they do have an *undisclosed implicit agreement*.

Those of his partners who *are* aware of it will disclose their
understanding according to Belgian regulations (IIRC that means solely in
answer to questions rather than on the CC or by alerting). Again I'm sure
Herman will confirm.  Disclosure does not, of itself, transform an
understanding based on experience into a regulable implicit agreement.
 
> Worse. IMO Herman's "habit" is a *convention*. 

And that's just garbage.  It's a habit of breaking his systemic
agreements on certain rare hand patterns.  You have not one shred of
evidence to suggest that the habit is in any way systemic with any of
Herman's partners.

Tim