============================== CFJ 1704 ==============================
Primo Corporation is a protectorate.
Barred: Primo Corporation
Called by Zefram: 17 Jul 2007 18:23:06 GMT
Assigned to Murphy: 18 Jul 2007 21:20:01 GMT
Judged TRUE by Murphy: 19 Jul 2007 06:13:11 GMT
Primo Corporation's charter contains the statement
This agreement submits to Agora as its benevolent protector,
and permits Agora to make changes to this Charter without prior
consent of the parties to this agreement.
However, stating it doesn't make it so. The charter contains no
explicit provisions to amend the charter at Agora's behest, and none
stating what constitutes Agora expressing a desire to modify the charter.
The statement quoted above could be interpreted as implicitly implementing
changes ordered by Agora if there were a definition of what constituted
such an order, but in the absence of such a definition there is at the
very least hopeless unclarity in any attempt to make the protectorate
It might be possible to dispense with some of the explication that I
promote if R2147 defined a concrete procedure for the modification of
a protectorate's ruleset that a protectorate were required to interface
with. But R2147 is weak and handwavey, not actually specifying anything
about the mechanism to use. The obligation therefore falls on the
protectorate to define the concrete mechanism. Primo's charter utterly
fails to do so. It is equally weak and handwavey.
There is nothing at all, in either Agora or Primo, specifying the
mechanism by which Agora, in its role as protector of Primo, can
make changes to Primo's ruleset/charter. Waving one's hands is not
a substitute for specific rule text. The fact that R2147 and Primo
section 1 wave their hands equally vigorously, and in exactly the same
way, does not help them to interface.
It is, of course, true that because the Primo charter is a binding
agreement governed by Agoran law the rules of Agora could modify it
arbitrarily. This is true whatever the Primo charter says, even if the
Primo charter specifically prohibits it, so this is certainly not the
cooperative kind of process referenced by R2147's language "must *allow*
Agora unrestricted access" (emphasis added). Even if, hypothetically, the
Primo charter were to define the direct action of Agoran instruments to be
the mechanism by which Agora is "allowed" to make changes to the charter,
I believe this would still not qualify under R2147, because the Primo
charter lacks the capacity to allow or prohibit changes by this mechanism.
That this mechanism is effective is due to Agora, not due to Primo.
Judge Murphy's Arguments:
> There is nothing at all, in either Agora or Primo, specifying the
> mechanism by which Agora, in its role as protector of Primo, can
> make changes to Primo's ruleset/charter.
Yes, there is. If an Agoran proposal to change Primo's ruleset/charter
is adopted, then Rule 106 says it takes effect (subject to restriction
by other rules; Rule 2147 disqualifies proposals with AI < 2). Primo's
charter gives all Agoran mechanisms the same force of law from Primo's
viewpoint that they have from Agora's viewpoint.