Index ← 3516 CFJ 3517 3518 → text
==============================  CFJ 3517  ==============================

      Sending a public message that says "I do [illegal thing X]", where
      X is an illegal thing that Rules say the sender CAN but MUST NOT
      do by announcement, is in itself a regulated action.

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Caller:                       G. 

Judge:                        Aris
Judgement:                    FALSE

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History:

Called by G.:                 28 May 2017
Assigned to Aris:             29 May 2017
Judged FALSE by Aris:         04 Jun 2017

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Caller's Arguments:

Arguments against it being unregulated:
  If the action is unregulated, the rules cannot proscribe (forbid) the
  action.  If a person is punished for doing X, then e is being 
  effectively proscribed for sending the action.  So the action must
  be regulated.

Arguments against it being regulated:
  Sending a message to a forum doesn't meet the criteria for regulation as
  per R2125.  For R2125(A), while R478 described how a message is treated 
  (defining it as public or not), it is not what permits the action; the
  technical settings of the email servers do that.  For R2125(B) again the
  failure or success of sending a message is entirely technical, for R2125(C),
  it's not the sending act that modifies recordkeepor information, but any
  game actions contained within (as witnessed by the fact that it's possible
  to send messages that do not require any recordkeepor to do anything).

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Judge's Arguments:

I agree with the "against" section of the caller's arguments. Sending a
message is not "in itself" regulated, whether to a public forum or
otherwise. The rules do not permit or enable sending a message to a
public forum, because it would be perfectly possible (and permissible)
even if the game stopped existing. It is not sending the message that is
regulated, it is performing the illegal action. Performing this action
is done by sending the message, but that doesn't make them the same thing.

Additionally, accepting that sending a message is "in itself" regulated
leads to troubling consequences. A message is not public until it is
"sent via a public forum, or sent to all players and containing a clear
designation of intent to be public" (Rule 478). By the precedent of CFJ
1905, a message is not public unless it received by a majority of the
people who have arranged to receive messages via that forum. This means
that a player can take a regulated action without being able to know
with certainty in advance whether it is regulated. This interpretation
in worrying and should be avoided. Accordingly, I find that sending a
public message is unregulated, and is distinct from performing an action
in that message which may be regulated. I also note that this ruling
probably doesn't apply to rules which regulate unsuccessful attempts or
lies (eg. Rule 2471, which prohibits attempting to perform actions you
know to be impossible). FALSE.

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