Originally posted by SwissGambit
Please clarify the first question.
The penalty for using 3rd party assistance or engines is site banishment, not just forfeiture of games. You're probably not going to get banned if it turns out to be a 'book' opening, since books are legal. However, it will look very suspicious if they can read the times the moves were made and observe that you alway ...[text shortened]... ] right after the other player.
Yes, this is fairly likely to happen in thematic tourneys.
OK, first scenario aside as it's ridiculously hypothetical.
Surely in thematic tourneys you are influenced by the games you are playing
and may choose to play a series of similar games so that you can make move
variations. Why should you deserve a ban for setting up a board in a particular
position to explore the options thereafter?
At what point does it change from setting up the board to trying to win?
Is it when it becomes a conscious decision or a realisation that you're winning/losing?
Isn't that just being unfair on the people that don't realise they're doing it?