==============================  CFJ 1315  ==============================

    In publishing with the Voting Report for Proposals 4184-4194
    incorrect text for Proposal 4190, Blob committed the Class 4 Crime
    of Misrepresentation.

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Caller:                                 neil
Barred:                                 Lindrum

Judge:                                  Elysion
Judgement:                              TRUE

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History:

Called by neil:                         16 Aug 2001 02:39:49 GMT
Assigned to Elysion:                    16 Aug 2001 03:01:08 GMT
Judged TRUE by Elysion:                 19 Aug 2001 00:55:34 GMT
Order(s) issued:                        19 Aug 2001 00:55:34 GMT

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Caller's Evidence:

Proposal Distribution for Proposals 4184-4194:
  http://www.escribe.com/games/agora-official/m1541.html

Voting Report for Proposals 4184-4194:
  http://www.escribe.com/games/agora-official/m1567.html

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Judge Elysion's Arguments:

Rule 1497/7 (Truth in Advertising) defines a sufficient condition for
Misrepresentation:

Rule 1497/7 (Power=1)
Truth in Advertising

      Any Player who willfully makes a false statement of fact as part
      of a public message ... commits the Class 4 Crime of
      Misrepresentation.

and also defines "willfully":

      For the purposes of this Rule, a false statement of fact is made
      "willfully" when the Player making it, at the time the statement
      was made, has the intention to make a false statement of fact
      and knowledge that the statement actually made was false.
      Particularly, a Player who makes a false statement of fact
      through excusable negligence, reasonable error, or reasonable
      reliance on the representations of another, shall not be
      considered to have willfully made a false statement of fact.

Thus, we need to establish three things:

1. Was there any false statement in Blob's message?
2. Was the message public?
3. Were the false statements made willfully?

(2) can be answered immediately: the message was sent to
agora-official@agoranomic.org, which at the time was a PF (see Rule 478/11,
The Public Forum). (1) can also be answered easily. Under the section "Text
of Adopted Proposals" we find the text "Blob is Mauvy." in Proposal #4190
(Executors Revamped). In both the message distributing proposal 4190 and in
the message submitting the proposal we find the text in question is not
present. Thus, Blob's claim the text of the proposal is as presented is
false. To establish (3), we must establish all of the following:

A. The Player intended to make a false statement of fact
B. The Player had knowledge that the statement was false
C. The Player did not make it through excusable negligence, reasonable
error, or reasonable reliance on the representations of another.

(B) is true; Blob had to get the whole proposal text from either the message
distributing the proposal or the message submitting it, and both clearly
show the text in question was not present. (C) also is true. The addition of
the statement requires deliberate action on Blob's part, not negligence.
Furthermore, no person would reasonably conclude that the text in question
was a part of the proposal based on the evidence; thus, it is neither a
"reasonable error" nor a "reasonable reliance on the representations of
another" (since Blob was the first to make such a claim). This brings us to
(A), the final condition. The truth of this CFJ's Statement is the same as
the truth of (A). As mentioned before, the most reasonable conclusion based
on the evidence is that Blob emself deliberately placed the text in question
in eir representation of proposal 4190. This judge therefore concludes that
the text was placed intentionally and that the text was a false statement of
fact, satisfying (A).

Thus, I hereby judge the Statement TRUE.

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Judge Elysion's Evidence:

 Subject: BUS: Proposal: Executors Revamped
    Date: Tue, 03 Jul 2001 13:37:59 +1000 (EST)
    From: Steve Gardner <gardner@silas.cc.monash.edu.au>
Reply-To: agora-discussion@agoranomic.org
      To: agora-business@agoranomic.org (Agora Nomic Business List)

H. Promotor Elysion,

I withdraw my Proposal "Executors Revamped" from the Pool, and submit
the following ####-delimited Proposal, with the same Title, in its
place.

The main change to the Proposal is the addition of an amendment to R1841
to repair the PoA Rules, currently broken.

There is also an amendment to make Razl Noisy. It is possible that Razl
will Zombify early next week. This will cause confusion because although
the Bank will become Razl's Master, I will retain Razl's PoA. Making
Razl Noisy again will clear up the mess, and the proposed new R1841(f)
will prevent it from recurring.

####
Proposal
Executors Revamped

Change the Title of Rule 1478 to "Executors and Limited Executors" and
amend it to read:

  (a) An Executor of an entity is a Player who is empowered by the Rules
      to act on behalf of that entity, who is called the Executee. There
      may be more than one such Player. An Executor of an Executee may
      perform on behalf of the Executee all such actions as the Rules
      permit the Executee to perform.

  (b) A Limited Executor of an entity is a Player who is empowered by
      the Rules to perform on behalf of that entity a subset of the
      actions which the Rules permit the entity to perform. A Limited
      Executor is permitted to perform on behalf of an Executee only
      such actions as are explicitly permitted by the Rules.

  (c) A Player is always eir own Executor. Other entities have Executors
      (or Limited Executors) only as and when the Rules provide.

  (d) A Player acting on behalf of an entity other than emself must
      clearly indicate on whose behalf e is acting. A Player who does
      not clearly indicate that e is acting on behalf of some entity
      other than emself is presumed to be acting on eir own behalf.

  (e) Only persons may perform actions. Non-persons perform actions only
      via the agency of persons, as specified by the Rules.


Create a Rule, entitled "Prime Executors", which reads:

  (a) The Prime Executor of an entity with respect to a certain action
      is the Player who is responsible for performing that action. For
      each action that an entity is required to perform, there shall be
      at most one Prime Executor of that entity with respect to that
      action. Any penalty incurred due to an entity's failure to perform
      as required by the Rules is incurred by the Prime Executor of that
      entity.

  (b) Any other Rule to the contrary notwithstanding, the Prime Executor
      of an entity with respect to a certain action must be an Executor
      of that entity, or a Limited Executor of that entity who is
      permitted to perform that action on behalf of that entity.

  (c) If the Rules designate a Player to be the Prime Executor of an
      entity, without specifying particular actions that the Prime
      Executor is responsible for performing, then that Player is the
      Prime Executor of that entity with respect to all actions that the
      entity is required to perform.

  (d) Unless otherwise specified by the Rules, each Player is eir own
      Prime Executor.


Amend Rule 1841 (Granting Power of Attorney) to read:

  (a) A Player (the Grantor) who has been continuously registered for
      more than two months is empowered to give eir Power of Attorney
      (PoA) to another Player (the Holder), as specified in this Rule.

  (b) The Holder holds the Grantor's PoA if all of the following
      conditions are met:
      (1) the Grantor has announced that e grants eir PoA to the Holder;
      (2) the Holder has, in the week immediately preceding or
          immediately following the Grantor's announcement, publically
          consented to hold the Grantor's PoA;
      (3) the Holder is Active; and
      (4) the grant of PoA has not been withdrawn for any of the reasons
          listed in (d).

  (c) The grant of PoA commences at the time the Grantor grants eir PoA
      to the Holder, or at the time the Holder consents to the grant, or
      at the time specified by the Grantor, whichever is latest. If the
      Grantor specifies a time at which the grant of PoA is to commence,
      it must be a time no more than seven says from the Grantor's
      announcement. Later specifications are without effect for the
      purposes of this Rule.

  (d) The grant of PoA is withdrawn if:
      (1) the period of the grant specified by the Grantor expires;
      (2) the Grantor publically withdraws the grant;
      (3) the Grantor is deregistered;
      (4) the Holder is deregistered or goes On Hold; or
      (5) the Holder has held the PoA continuously for three months.

  (e) Nothing in this Rule shall be construed as preventing other Rules
      from granting and withdrawing PoA by other means.

  (f) Other Rules to the contrary notwithstanding, no Player who has
      granted PoA to another Player as described in this Rule shall
      become a Zombie while the grant of PoA is in effect.


Amend Rule 1842 (Power of Attorney) to read:

  (a) The Rules may grant a Player, called the Holder, Power of Attorney
      for another Player, called the Grantor. Power of Attorney is
      granted only as specified by the Rules, and shall last only as
      long as the Rules specify.

  (b) While the Holder is granted Power of Attorney for the Grantor, the
      Holder is an Executor of the Grantor, and the Prime Executor of
      the Grantor.

  (c) No Player is permitted to have Power of Attorney for more than
      two other Players.


Amend Rule 1531 by replacing the text in it which reads "and be the
Executor of that Organization" with text which reads "and be the
Executor and Prime Executor of that Organization".


Amend R1470 (The Bank) to read:

  (a) There is an entity known as the Bank. The Bank has Mint Authority.
      The Bank is the Mintor of each Bank Currency. The Bank is
      permitted to transfer Property in its possession to other
      entities.

  (b) The Treasuror is the Executor of the Bank. Each Recordkeepor of
      each Bank Currency is a Limited Executor of the Bank, and is
      empowered to make transfers of that Currency from the Bank.
  (c) Each Recordkeepor of each Bank Currency is the Prime Executor of
      the Bank with respect to debts denominated in that Currency. The
      Treasuror is the Prime Executor of the Bank with respect to all
      other actions that the Bank is required to perform.

  (d) As soon as possible after the Bank incurs a debt to any other
      entity, the Bank shall either satisfy that debt by transferring
      appropriate Properties to the creditor, or dispute the debt by
      whatever means are appropriate in the situation.

  (e) The Bank is permitted to forgive debts owed to it, in whole or in
      part:
      (1) pursuant to a properly-issued Order; or
      (2) Without Objection, at the Treasuror's discretion.


Amend Rule 1981 (Embezzlement and Receiving Stolen Property) to read:

  (a) A transfer of Property from one entity to another entity which is
      made without being explicitly required or permitted by the Rules
      is unauthorized.

  (b) A Player who intentionally makes a valid but unauthorized transfer
      of Property from any entity to another entity commits the Class 10
      Crime of Embezzlement.

  (c) An entity which receives Property from any entity as the result of
      an intentional, valid and unauthorized transfer incurs a debt to
      the transferor for all such Property.

  (d) A Player who has been informed that e, or an entity of which e is
      the Prime Executor, has incurred a debt of the type decribed in
      (c) and who does not act to satisfy that debt within in a week of
      being informed of it commits the Class 10 Crime of Receiving
      Stolen Property.

  (e) For the the purposes of this Rule, a valid but unauthorized
      transfer is considered to have been made intentionally if and only
      if, at the time of the transfer, the Player making it:
      (1) knew that the transfer was valid;
      (2) knew that the transfer was unauthorized; and
      (3) realized that e was making the transfer.

  (f) In particular, a Player who makes a valid but unauthorized
      transfer of Property as the result of an accident or mistake does
      not commit Embezzlement.


Amend Rule 683 (Voting on Proposals) by deleting from it the text which
reads:

      A vote cast by an entity which does not have an Executor is cast
      at a time and in a manner specified in other Rules.


Amend Rule 947 (Bonus for Repeal) to read:

  (a) If there are 100 or more Rules, and a Proposal is adopted which,
      as part of all of its effect, repeals one or more Rules, and if,
      in the Rulekeepor's estimation, the Proposal simplifies the
      Ruleset, then the Rulekeepor shall pay out 30 Stems to the
      Proposer of that Proposal. If the Rulekeepor decides that the
      Proposal does not simplify the Ruleset, e must announce this
      decision.

  (b) When the Rulekeepor decides that such a Proposal does not simplify
      the Ruleset, the Proposal's Proposer may reverse the Rulekeepor's
      decision Without Three Objections, provided the procedure for
      doing so is initiated within one week of the announcement of the
      Rulekeepor's decision.  As soon as possible after the Rulekeepor's
      decision is reversed in this manner, the Proposal's Proposer shall
      pay out 30 Stems to emself.


Amend Rule 1959 (Wills) to read:

  (a) An entity's Will is a description of how the entity's Property
      should be distributed in the event that the entity ceases to have
      an Executor. The Notary shall keep a record of all Wills.

  (b) An entity creates a Will for itself by publishing it.


Amend Rule 1598 (Property Transfers) by replacing the phrase
"transferor's Executor" in paragraph (f) with the word "transferor".

Be it further resolved that Razl is Noisy.

####

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Judicial Order(s) by Elysion:

I hereby issue a Sentencing Order ordering the Herald to record that Blob
has incurred 4 Blots as a result of this Judgment.

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