Index ← 3641 CFJ 3642 3643 → text
===============================  CFJ 3642  ===============================

      Proposal 8050 has been resolved.

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Caller:                        Aris

Judge:                         Publius Scribonius Scholasticus
Judgement:                     FALSE

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History:

Called by Aris:                                   15 Jun 2018 20:36:31
Assigned to Publius Scribonius Scholasticus:      17 Jun 2018 18:47:03
Judged FALSE by Publius Scribonius Scholasticus:  26 Jun 2018 01:44:12

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Caller's Arguments:

Per CFJ 1905, non-receipt of a message by those who have arraigned to
receive messages via the forum is grounds to regard actions taken
therein as invalid. My spam filter didn't eat it (I've checked, and it's
also set never to eat Agora stuff) so it probably never entered my
technical domain of control.

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Judge's Arguments:

Oyez! Oyez! Oyez! The court delivers below a verdict on CFJ 3642,
called by The Victorious and Honourable Aris.

The case before the court today raises a question of fact and a
complex and multi-part question of the law. The question of fact asks
what occurred to cause The Right Heroic, Victorious, and Honourable,
The Assessor G.'s resolutions of proposals 8050-8052 to not be
received by The Victorious and Honourable caller Aris and others. The
question of law asks what legal effects these occurrences had on the
adoption of proposal 8050. First, I will establish the facts and
address the question of fact, before proceeding to the question of
law.

At the time of calling the CFJ, two attempts had been made by The
Right Heroic, Victorious, and Honourable, The Assessor G. to resolve
proposal 8050. Both of these attempts were made by sending an email to
agora-official@agoranomic.org, a public forum, according to the
Registrar's Report of June 12, 2018. Neither of these attempts were
received by The Victorious and Honourable caller Aris. As gratuitous
evidence, The Right Heroic, Victorious, and Honourable, The Assessor
G. provided the headers of the first of these two attempts for
analysis by the court. At the request of the court, The Right Heroic,
Victorious, and Honourable G. provided the headers of the Registrar's
Report of June 12, 2018, for comparison. Through both manual analysis
and text difference comparison, the court has found no meaningful
difference between the headers of the two emails, provided for
comparison. As a result of not finding a cause from analysis of the
headers, the court sought server logs from The Victorious and Right
Honourable, The Distributor omd. The Victorious and Right Honourable,
The Distributor omd was unable to provide the sought logs, as a result
of the settings on the server. However, in eir place, The Victorious
and Right Honourable, The Distributor omd provided a report outlining
the problem. According to the report, a Python script had caused
corruption of the configuration file for
agora-official@agoranomic.org, therefore causing the server to revert
to the configuration file from 2013. This caused The Victorious and
Honourable caller Aris and all other persons who had signed up to
receive mail from agora-official@agoranomic.org after 2013 to have
their subscriptions cancelled. These facts seem to fully explain why
the the attempts to resolve proposals 8050-8052 were not received by
The Victorious and Honourable Aris and others. As no other
explanations have been put forth and no objections to these facts have
been heard, the court takes these facts as absolute and resolved.

The court having established the facts of the matter before it, the
court proceeds to consideration of the question of law. The Victorious
and Honourable caller Aris argues that CFJ 1905 states, "non-receipt
of a message by those who have arraigned [sic.] to receive messages
via the forum is grounds to regard actions taken therein as invalid."
The Victorious and Honourable caller Aris goes further stating that e
does not believe that the message enters eir technical domain of
control. The facts, resolved above, support the assertion that the
message never entered air technical domain of control. In CFJ 1905,
The Right Heroic, Victorious, Learned, and Honourable Murphy found
that for a message to fulfill the requirement of Rule 478 that it be
"sent via a Public Forum", it must "re-send the message to a
reasonably large subset of the set of all person who have reasonably
arranged to receive messages via the public forum." The problem that
arises here is whether the set of people subscribed in 2013, who would
have received The Right Heroic, Victorious, and Honourable, The
Assessor G.'s message is a "reasonably large subset" of those who had
arranged to receive messages via the public forum now. For the
purposes of this determination, it serves the game best, if a priority
is placed on reception by players and those others who might
reasonably be expected to respond to or engage with the message,
therefore the court now determines that additionally the subset of
"the set of all person who have reasonably arranged to receive
messages via the public forum" who did not receive the message and the
effects that non-reception had should also be considered. In this
instance, the subset who did not receive the message would be
substantial, as a substantial portion of the current player base has
registered or begun engagement from their current email addresses
since 2013 and in consideration of the effects of non-reception, the
court observes that many players attempted to take actions which would
be rendered IMPOSSIBLE by the message that they did not receive. Thus,
under the three standards that the court has considered, the court
finds that the messages sent by The Right Heroic, Victorious, and
Honourable, The Assessor G. were not public, as they did not fulfill
the requirement of being "sent via a Public Forum", therefore the
court finds the statement, "Proposal 8050 has been resolved." to be
FALSE. However, the court also observes other precedents that relate
to this CFJ and addresses them below.

The Right Heroic, Victorious, Learned, and Honourable Murphy
overturned the precedent of CFJ 1314 in eir judgement of CFJ 1905. The
court now agrees with The Right Heroic, Victorious, Learned, and
Honourable Murphy in eir overturning of CFJ 1314 because CFJ 1314
would allow messages to take effect without being "sent via a Public
Forum", under the tests outlined above.

In CFJ 866, The Victorious Oerjan held that a message should be
interpreted as having been received at the time that it enters the
recipient's technical domain of control. The court views this as an
appropriate assessment. As an extension of this, the court finds that
"receiving a message" should be interpreted synonymously with "a
message entering one's technical domain of control". However, the
court is also aware that intentional measures could be taken in bad
faith to cause messages to be hard to find, such as making a message
appear as spam. The court notes that if such actions are taken, the
message may not have been received, even if it has entered one's
technical domain of control. Additionally, such actions could be
construed as a violation of Rule 478, as such an action would create a
technical obstacle to participation in the forum.

In CFJ 1646, The Victorious and Right Honourable Taral found that a
message should be construed as effective when one sends it. The court
finds now that such a precedent is problematic, as exhibited in the
case of CFJ 2058, discussed below. As a result, the court finds that a
message should be considered effective when it has been "sent via a
Public Forum", according to the tests outlined above, or has been
received by all of its intended recipients, if sent under the clause
that reads "sent to all players and containing a clear designation of
intent to be public." The standard is intentionally more stringent
under the second clause as it is a less well protected method. Rule
478 states, "Any action performed by sending a message is performed at
the time date-stamped on that message." This is interpreted to refer
to that time at which it is sent from the mailing list to the
individual recipients, unless a significant, irregular, and
game-changing delay occurred between this and its reception. However,
such delays are rare and thus the difference is normally minute and
insignificant, but the court does recommend an amendment to Rule 478
to make such a distinction clear.

In CFJ 2058, The Honourable cmealerjr raised the question of the
potentially non-trivial time difference discussed above, but did not
address or attempt to resolve it. However, the court notes its
disagreement with The Victorious and Elusive Quazie, who found in eir
original judgement, prior to appeal that a message is published when
it leaves the sender's technical domain of control. The court now
holds that it is published when it becomes public under those tests
and standards held above.

In CFJ 813, The Honourable Coco recognized that not all players may be
subscribed to the public forum. The court appreciates this recognition
and notes that no part of this decision should be construed to require
reception by non-subscribers, unless the non-subscriber is a member of
the "set of all person who have reasonably arranged to receive
messages via the public forum", for a message to be considered public
under the clause that reads "sent via a public forum".

Finally, the court notes that The Victorious and Right Honourable, The
Distributor omd did not establish technological obstacles, as
disallowed by Rule 478, something occurred that causes such
technological obstacles to exist. In this noting, the court reminds
future judges that technical obstacles can occur without a violation
of Rule 478 occurring. The court notes that when such technological
obstacles have been erected or have come to exist, judges should give
the benefit of the doubt to those for whom the obstacles have been
erected.

The court thanks the The Victorious and Honourable caller Aris for
calling the case and The Right Heroic, Victorious, Learned, and
Honourable, The Arbitor Murphy for assigning the case. Additionally,
the court thanks The Right Heroic, Victorious, and Honourable G. and
The Victorious and Right Honourable, The Distributor omd for their
assistance and cooperation in collecting and analyzing evidence around
the case.

References and Evidence:
CFJ 2058
CFJ 1905
CFJ 1646
CFJ 1314
CFJ 866
CFJ 813
Rule 478
The Victorious and Honourable caller Aris's arguments
Headers from the first email under question, as provided by The Right
Heroic, Victorious, and Honourable, The Assessor G.
Headers from the Registrar's Report of June 12, 2018, as provided by
The Right Heroic, Victorious, and Honourable, The Registrar G.
Report from The Victorious and Right Honourable, The Distributor omd
Registrar's Report of June 12, 2018

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