Detail: http://zenith.homelinux.net/cotc/viewcase.php?cfj=2779 =================== CFJ 2779 (Interest Index = 2) ==================== On or about 22-Mar 2010, CFJ 2777 was assigned to G. ======================================================================== Caller: G. Barred: Taral Judge: comex Judgement: ======================================================================== History: Called by G.: 31 Mar 2010 17:46:38 GMT Assigned to comex: 08 Apr 2010 13:33:46 GMT ======================================================================== Caller's Arguments: >From March 14 to March 21, the agora-business public forum was not sending messages; in other words it was not possible to send a message "via" that forum during that time. During that time, public messages were sent via the BAK list. On March 21 the agora-business list began to forward messages again, but at least one person, including G., were accidentally unsubscribed from the list without their knowledge. Within about a day of this occurring, a message was sent by the CotC to agora-business, assigning the above case to G. The message was sent "via" agora-business to at least a subset of players, but not all (and not G.). Was this message a Public Announcement? On one hand, for at least 24 hours after BAK generally went silent (which includes the time the CFJ message was sent), G. had absolutely no reason to believe that anything was wrong; a day or two of silence in the fora is infrequent but not unheard of. So G. had made every reasonable effort to ensure e received messages, yet could not do so. In addition, the fact that G.'s loss-of-account meant e couldn't log into the archives simply added to the illusion; it made it seem that "the site was still in transit and deactivated" and that if anyone wanted to send a message, they would be using BAK. After time (say, after a few days) it becomes reasonable to expect G. would become suspicious, and it would be reasonable to expect em to make an effort to ensure e could receive messages by emailing the distributor, or asking via BAK what was up. As it happens, e started to wonder what was up around March 24-25, but didn't really worry about acting on it until Taral's message on March 27 [see evidence]. But for at least a couple days, including the time of the message, it would be unreasonable to expect em to act. This suggests (either via R101 rights or R478) that the message wasn't sent "via" the public forum at all. On the other hand, G. was able to read the message within a certain amount of time (by trivial resubscription after learning of the problem), which in this case was barely enough time to avoid lateness penalties for judging. However, consider: if it's held that being unable to read messages "for a few days" doesn't deprive rights as long as it's fixed afterwards, what happens to a scam depending on a delay in informing others of a Without Objection announcement? {see CFJ 1905 for the importance of determining whether a message was sent "via" a forum versus just "to" a forum.) I'm honestly not sure where the good of the game lies in this case. De-publicing a forum due to a technical glitch that might not always be detectable isn't desirable; but neither is allowing a delay of 3+ days between message sending and being capable of being informed of its existence. ======================================================================== Caller's Evidence: Private message from Taral to G.: Date: Sat, 27 Mar 2010 17:50:26 -0700 From: Taral To: G. Subject: Agora mail u.washingston.edu thinks that my mail host isn't allowed to send mail -- in the mean time, be warned that you might miss some things. :) Message from Taral to BAK: Date: Sat, 27 Mar 2010 18:00:31 -0700 From: Taral To: Agora Nomic Backup List Subject: BAK: Mail warning I didn't update the SPF records when the mail server moved. So... some people have been unsubscribed due to bounces. It's fixed, but will take a few hours to propagate. Rule 101/13 (Power=3) The Rights of Agorans WHEREAS Agora, since its inception, has functioned not only as a game but as a society, and WHEREAS a society, to function, must balance its Rules with the natural rights of its participants, BE IT HEREBY PROCLAIMED that no interpretation of Agoran law or binding agreement may substantially limit or remove a person's rights as defined by this Rule, except through the explicit and legal amendment of this Rule. This rule takes precedence over any rule which would allow or mandate restrictions of the rights contained herein. i. Every person has the right, though not necessarily the ability, to perform actions that are not prohibited or regulated by the Rules, with the sole exception of changing the Rules, which is permitted only when the Rules explicitly or implicitly permit it. ii. Every person has the right to initiate a formal process to resolve matters of controversy, in the reasonable expectation that the controversy will thereby be resolved. Every person has the right to cause formal reconsideration of any judicial determination that e should be punished. iii. Every person has the right to refuse to become party to a binding agreement. The absence of a person's explicit, willful consent shall be considered a refusal. iv. Every person has the right to not be considered bound by an agreement, or an amendment to an agreement, or a Rule Change, which e has not had the reasonable opportunity to review. For the purpose of protecting this right, a rule change which would otherwise take effect without its substance being subject to general player review through a reasonably public process is wholly prevented from taking effect. v. Every player has the right of participation in the fora. vi. Every person has the right to not be penalized more than once for any single action or inaction. However, this right is not violated by replacing part or all of a penalty with a different but comparable penalty, e.g. when the rules governing penalties are amended. vii. Every player has the right to deregister; e may continue to accrue obligations and penalties after deregistration but, if e wishes to ignore the game, such penalties shall not unduly harass em. Please treat Agora right good forever. Rule 478/27 (Power=3) Fora Freedom of speech being essential for the healthy functioning of any non-Imperial nomic, it is hereby resolved that no Player shall be prohibited from participating in the Fora. Publicity is a forum switch with values Public, Discussion, and Foreign (default), tracked by the Registrar. The Registrar's report includes, for each forum with non-Foreign publicity, sufficient instructions for players to receive messages there. The Registrar may change the publicity of a forum without objection as long as: (a) e sends eir announcement of intent to that forum; and (b) if the forum is to be made public, the announcement by which the Registrar makes that forum public is sent to all existing public fora. Each active player should ensure e can receive messages via each public forum. A public message is a message sent via a public forum, or sent to all players and containing a clear designation of intent to be public. A person "publishes" or "announces" something by sending a public message. Where the rules define an action that CAN be performed "by announcement", a person performs that action by unambiguously and clearly specifying the action and announcing that e performs it. Any action performed by sending a message is performed at the time date-stamped on that message. ========================================================================