From: <magika@aracnet.com>
To: agora-off <agora-official@gecko.serc.rmit.edu.au>
Subject: OFF: CFJ 1172 Judged TRUE
Date: Saturday, November 13, 1999 11:06 AM



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                              CFJ 1172

    The Private Orders issued by Murphy in the message with subject
    "BUS: Agoran Weekly Journal" dated Sun, 31 Oct 1999 were
    improperly executed.

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Called by:           Crito

Judge:               Chuck
Judgement:           TRUE

Judge selection:

Eligible:            Chuck, elJefe, Elysion, harvel, Kolja, Lee,
                     Michael, Murphy, oerjan, Palnatoke, Peekee,
		     Schneidster, t, Wes

Not eligible:
Caller:              Crito
Barred:              -
Had their turn:      Blob
Already served:      -
Defaulted:           -
By request:          -
On Hold:             Steve

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History:

Called by Crito:                      01 Nov 1999 13:42:51 -0500
Assigned to Chuck:                    04 Nov 1999 15:33:51 -0800
Judged TRUE by Chuck:                 12 Nov 1999 10:56:47 -0600
Judgement Distributed:                As of this message

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Caller's Arguments:

Rule 1809/0 (Power=1)
Appeal of Administrative and Private Orders

      ...
      Upon a judicial finding that an Administrative or Private Order
      was improperly or invalidly executed, the Judge so finding shall
      vacate that Order.
      ...

The Rules do not define "improperly", which essentially leaves it up to the
Courts to determine the validity of Administrative and Private Orders.
IMO, it is in the best interests of the game for the Courts to place
firm restrictions on Players' ability to issue Private Orders, requiring
there to be some compelling reasons for a Private Order to be valid (such
as an agreement between Players) and requiring the Order's commands be
commensurate with such reasons.

In this particular case, there were no prior agreements between any of the
Payees in these Orders and Murphy regarding compensation for the publication
of the Agoran Weekly Journal.  Since the publication was voluntarily posted
to a Public Forum, it seems to me that Murphy has abrogated any rights to
compensation for eir efforts by this action and there is no other reason for
which Murphy is entitled to a payment of .1 Indulgences from any other Player.

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Evidence attached by the Caller:

<none>

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Judge's Arguments:

I am inclined to find private orders to be improper unless there is
positive evidence that they are proper (for example, I might consider
a private order made in accordance with a private agreement to be
proper).  Since I have seen no such evidence, I believe the orders
were improper.

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