=========================  Criminal Case 2083  =========================

    root breached rule 2149 by claiming that the precedent from CFJ 1738
    is that speech acts carry truth values


Caller:                                 omd
Barred:                                 root

Judge:                                  Taral

Judge:                                  OscarMeyr
Judgement:                              INNOCENT



Called by omd:                          15 Jul 2008 22:18:43 GMT
Defendant root informed:                17 Jul 2008 05:59:40 GMT
Pre-trial phase ended:                  24 Jul 2008 05:59:40 GMT
Assigned to Taral:                      25 Jul 2008 07:03:29 GMT
Taral recused:                          25 Jul 2008 16:44:49 GMT
Assigned to OscarMeyr:                  26 Jul 2008 20:42:45 GMT
Judged INNOCENT by OscarMeyr:           27 Jul 2008 14:19:47 GMT


Judge OscarMeyr's Arguments:

As the Defendant was the Trial Judge in CFJ 1738, I defer to eir
analysis of what eir precedent said.  I find nothing in the arguments
for that CFJ to contradict the Defendant's statement.  I rule INNOCENT.


Judge OscarMeyr's Evidence:

Evidence 1:  root's message,  http://www.agoranomic.org/cgi-bin/

I support this.  The precedent from CFJ 1738 is that speech acts do
carry truth values.  Additionally, I know of no precedent stating what
Taral claims.

Evidence 2:  CFJ 1738's argument by H. Caller Zefram, concurred with
by H. Trial Judge root

R101 and R478 are not explicit on what constitutes "participation" in
the fora.  Applying common sense, the general purpose of a forum is for
people to send information and ideas to each other, which is naturally
done by sending messages that the author believes are true.  The public
forum, specifically, has the major purpose of sending information, and
is also the place for many game actions which are taken by means of a
statement saying that the action is being taken.

R2149's prohibition obviously impacts the ordinary way to disseminate
information in a forum.  It will no doubt be argued by some that a
knave could disseminate information by means of false statements, if it
is understood that e habitually does so, but this would be a confusing
arrangement and seems an unreasonable imposition on a player.  It's also
incompatible with the various situations where the rules require a
to publish certain information.  I also note in passing that if a player
were classed as a FOOL, being both knight and knave, e would be denied
this possible escape.

The situation for game actions that are taken by announcement is worse.
Rules that provide for action by announcement generally will trigger on
statements such as "I hereby vote FOR proposal 5678.".  If the attempt
at action is successful then the statement is true, and if the actor
believed that the action would be successful then e believed that the
statement would be true.  There is no provision whereby a person can
take such actions by means of a false statement.  A statement such as "I
do not hereby vote FOR proposal 5678." would not succeed in performing
an action, because it does not claim to perform an action, and would
be a true statement of fact.  Prohibiting a player from posting true
statements thus denies em the right to take many game actions, which is
a major aspect of participation in the public forum.

R2149 thus generally prohibits a knave from participating in the public
forum in any reasonable manner, and specifically prohibits em from those
actions that are the main purpose of the public forum.  This is clearly
at odds with eir R101 right.