Index ← 2775 CFJ 2776 2777 → text
=========================  Criminal Case 2776  =========================

    Yally violated Rule 2143, a 1-power Rule, by publishing inaccurate
    information in eir most recent Registrar's report, namely that
    Warrigal was an inactive player.

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Caller:                                 scshunt
Barred:                                 Yally

Judge:                                  allispaul
Judgement:                              


Judge:                                  Murphy
Judgement:                              GUILTY/COMMUNITY SERVICE

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History:

Called by scshunt:                      22 Mar 2010 02:18:29 GMT
Defendant Yally informed:               22 Mar 2010 02:18:29 GMT
Assigned to allispaul:                  22 Mar 2010 12:00:02 GMT
allispaul recused:                      08 Apr 2010 13:23:25 GMT
Assigned to Murphy:                     08 Apr 2010 13:26:46 GMT
Judged GUILTY/COMMUNITY SERVICE by Murphy:
                                        16 Apr 2010 15:24:08 GMT

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Caller's Arguments:

Warrigal came off hold at 2010-03-18T19:49Z in a message addressed to
the Agora Nomic Backup List, at the address
nomic@yoyo.its.monash.edu.au. As described in the Accused's own
Registrar's report, that list is a public forum as it has been for most,
if not all, of Agora's long history. As a result, the message is valid.
Rule 478 includes the suggestion that "Each active player should ensure
e can receive messages via each public forum"; this recommendation
should be self-evident to any player familiar with the fact that a
message to any public forum carries equal validity.

The Accused's continued ignorance of Warrigal's registration message
indicates clearly that e is not subscribed to the Agora Nomic Backup
List, although the list of subscribers is not public. The list of
subscribers to the Agora backup list at agora@listserver.tue.nl,
however, is public, and it does not include aarongoldfein@gmail.com, the
Accused's email address. It is clear, therefore, that the Accused is
only subscribed to one half of Agora's public fora.

There are 5 criteria for a GUILTY judgment, per Rule 1504. The first
three are trivial - the report WAS inaccurate, it WAS within the
previous 90 days, and there WAS not a previous judgment about this offense.

The fourth criterion is that "the Accused could not have reasonably
believed that the alleged act did not violate the specified rule". I
hold that this is indeed the case because it is unreasonable for the
Accused - an officer of Agora (and the officer responsible for fora) -
not to be subscribed to a public forum. Anyone subscribed to the forum
would have received the message and known that the report was
inaccurate; therefore it is a reasonable expectation that the Accused
know the inaccuracy of eir report.

The final criterion, that "the Accused could have reasonably avoided
committing the breach without committing a different breach of equal or
greater severity", is simple - the Accused needed only to list Warrigal
as an active player, which is hardly unreasonable.

For these reason, I hold that Yally is GUILTY and that e deserves a
stronger punishment than the norm, since e violated a self-evident
recommendation in the rules which is a particularly egregious offense
for an officer (much less the Registrar) to make.

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Judge Murphy's Arguments:

Resolving subscription problems may be difficult (esp. if the list
admin is no longer responsive - I don't know who it is for either of
the backup lists), but testing them is easy (send a message and see
whether the list sends it back to you), and should be particularly
expected of the officer who tracks the list of Fora.

GUILTY / COMMUNITY SERVICE.  For each Public Forum not hosted at
agoranomic.org, the defendant SHALL either

  1) ensure that e is subscribed to it

or

  2) during the three weeks after this judgement is delivered, make a
     reasonable effort to replace it with another Public Forum not
     hosted at agoranomic.org

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