==============================  CFJ 1931  ==============================

    IRCNomic is a public contract.

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Caller:                                 omd

Judge:                                  G.
Judgement:                              FALSE

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History:

Called by omd:                          28 Apr 2008 21:23:20 GMT
Assigned to G.:                         29 Apr 2008 00:14:47 GMT
Judged FALSE by G.:                     08 May 2008 00:08:48 GMT

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Caller's Arguments:

Arguments for:
 20. IRCnomic is a public contract. [edit] [delete]
Arguments against:
 The rule does not mention Agora specifically.  Besides, it defines
something as a "currency" and then proceeds to allow fractional and
(in theory) negative amounts of that currency.
Note: Since IRCNomic was a protectorate, it has gone through a ruleset
reset.  Rule 20 is the only rule that could potentially refer to
Agora.

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Caller's Evidence:

http://elliotthird.org:8080/

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Gratuitous Arguments by G.:

To be an Agoran public contract, a governing document must first be an
Agoran contract.  Not all contracts in the universe are automatically
recognized by Agora as Agoran contracts:  to be so recognized, its members
must enter it "with the intention that it be binding on them and governed by
[Agoran] rules."  (R1742).

If the members of the contract didn't intend it to be binding under Agoran
rules, it is not an Agoran contract, though it may be a contract under
other jurisdictions.  If it is not an Agoran contract, R2178 (Public
Contracts) does not apply to it.

In the discussion forum, ais523 wrote:
> I am an Agoran, and also a player of IRCnomic. However, I have not (from an
> Agoran point of view) knowingly joined comex's contract, if it is one. Many
> IRCnomic rules conflict with Agoran rules anyway. (Doesn't Agora define
> Player differently, for instance?)

Given this statement, and the contract rights contained in R101(iv) and (v),
I find that the burden of proof is on the caller (or others) to explicitly
provide evidence refuting ais523's statement, e.g. to provide evidence that
ais523 either intended IRCnomic to be binding under Agoran rules or that e
explicitly signed away eir rights to make the decision.  I post this publicly
to give the caller 4 days to provide such evidence, while pointing out that
even if proof is provided, the quality of the evidence must be extremely high
(e.g. recorded w/headers statements showing ais523's intent, a recanting from
ais523 (as the statement was not a public statement) or that ais523 directly
and knowingly ceded this right through the contract's mechanisms).

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Gratuitous Arguments by G.:

Followup:  ais523's statement aside, I would also accept evidence that any
reasonable person joining IRCNomic would have had sufficient information
provided to em that e should have understood that IRCNomic was intended to be
a contract binding in Agora (the generic clause "IRCNomic is a public
contract" or any of the versions of the IRCNomic ruleset that I've seen do
not contain sufficient context on their own to associate IRCNomic with Agora).

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Gratuitous Arguments by ais523:

I attempt to draw the Judge's attention to http://www.agoranomic.org/cgi-bin/m
ailman/private/agora-business/2008-April/010306.html. Note that the alleged
contract that is mentioned in the message by comex that is the subject of the
CFJ appears to be a copy-and-paste from the same website mentioned in ihope's
message. (http://elliotthird.org:8080 is currently down; a slightly older
backup of the ruleset is at
http://lyokoscan.net/wiki/index.php5/IRCNomic_Rules (which may become the main
IRCnomic site at some point; there's a bit of a power struggle at the moment),
but that doesn't contain the logs. (Many IRCnomic players have private logs of
the channel, though.)) I'd also like to point out that I know of nowhere that
it's actually written that "IRCnomic" is comex's alleged-contract. Writing
this on the business list, so it's official.

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Judge G.'s Arguments:

To be an Agoran public contract, a governing document must first be an
Agoran contract.  Not all contracts in the universe are automatically
recognized by Agora as Agoran contracts:  to be so recognized, its members
must enter it "with the intention that it be binding on them and governed by
[Agoran] rules."  (R1742).

If the members of the contract didn't intend it to be binding under Agoran
rules, it is not an Agoran contract, though it may be a contract under
other jurisdictions.  If it is not an Agoran contract, R2178 (Public
Contracts) does not apply to it.  The simple statement in the alleged
contract "This is a public contract" does not reference Agora, nor is the
forum to which it was posted specifically associated with Agora (even if
some Agorans are participants).

In the discussion forum, ais523 wrote:
> I am an Agoran, and also a player of IRCnomic. However, I have not (from an
> Agoran point of view) knowingly joined comex's contract, if it is one. Many
> IRCnomic rules conflict with Agoran rules anyway. (Doesn't Agora define
> Player differently, for instance?)

Further, Sgeo wrote:
> I don't know if this is useful, but IRCnomic logs are at
> http://elliotthird.org:8080/logs/
> Also, I personally never agreed for IRCnomic to become an Agoran public
> contract, but as I am not currently a player of Agora, I don't know how much
> that counts for.

Given these statement, and the contract rights contained in R101(iv) and (v),
I find that the burden of proof is on the caller (or others) to explicitly
provide evidence refuting these statements, e.g. to provide evidence that
these persons either intended IRCnomic to be binding under Agoran rules or
explicitly signed away eir rights to make the decision.  The standard to
set for the evidence must be extremely high (e.g. recorded w/headers
statements
showing ais523's or Sgeo's intent or clear text showing that ais523 and Sgeo
had been provided with information prior to this CFJ, which would have made
it clear to any reasonable party that the contract was meant to be binding
*under the Rules of Agora*.  Lacking such evidence, indeed lacking any further
evidence provided as requested from the Caller, this is not an Agoran
contract.
FALSE.

There is some evidence that two or more (but not all) the parties did indeed
intend this contract to be binding under Agora (by separate arrangement) so
it's possible that some form of Agoran-binding agreement could be construed
to exist between the subset of parties.  However, even if so, it wouldn't be
a public contract:  an accurate membership list (of the subset alone, neither
under- or over- inclusive) would need to be published to make it so.

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