==============================  CFJ 2198  ==============================

    BobTHJ and root won the game on September 26, 2008 UTC.

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Caller:                                 root

Judge:                                  omd
Judgement:                              


Judge:                                  ais523
Judgement:                              FALSE

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History:

Called by root:                         26 Sep 2008 00:10:33 GMT
Assigned to omd:                        28 Sep 2008 22:20:32 GMT
omd recused:                            16 Oct 2008 05:58:25 GMT
Assigned to ais523:                     23 Oct 2008 09:57:07 GMT
Judged FALSE by ais523:                 24 Oct 2008 18:25:47 GMT

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Caller's Evidence:

I hereby identify the Embassy as a public contract.  Its members are
BobTHJ and root.  Its text reads as follows:

{{{
1) These regulations shall compose the nomic ruleset of a public
   partnership, known as the Embassy.

2) The parties to this partnership generally CAN act on behalf of the
   partnership as a whole, where not otherwise prohibited by these
   regulations. The parties SHALL act collectively to ensure that the
   partnership meets its legal obligations.

3) Nomicity being important to the healthy functioning of this
   partnership, any party CAN modify these regulations in any way by
   announcement, with the consent of all other parties.

4) Any person CAN join this partnership by announcement, with the
   consent of all parties. Any party to this partnership CAN leave it
   by announcement.

5) Under the auspices of Agora's Rule 2148, this foreign nomic does
   hereby grant the Ambassador of Agora the power 2; and the privilege
   of effecting rule changes to any rule of Agora with power of at
   most 2 by announcement, as explicitly permitted by these
   regulations.

6) If the Ambassador of Agora is a member of this contract, e MAY and
   SHALL once perform the following actions, in order:

   a) Enact a Rule of Agora with power 2, titled "Win by Diplomacy",
      with the text:

      Upon an announcement of a diplomatic win by the Ambassador that
      names a set of persons, each person named in the announcement
      satisfies the Winning Condition of Diplomacy. This rule then
      repeals itself.

   b) Announce a diplomatic win, naming the set of persons who are
      party to this contract.

   c) Amend Rule 2148 by replacing its second paragraph with this
      text:

      A foreign nomic may grant certain positions and perquisites to
      Agora's ambassador. If so, the ambassador shall generally
      exercise such perquisites in such manner as e sees fit, subject
      to other rules and orders.

7) If the Ambassador of Agora is a member of this contract, any party
   CAN act on eir behalf to perform any actions required of em by
   these regulations by virtue of eir holding the position of
   Ambassador.
}}}


On behalf of H. Ambassador BobTHJ, I effect a rule change whereby a
new Power-2 rule is enacted, titled "Win by Diplomacy", reading as
follows:

{{{
      Upon an announcement of a diplomatic win by the Ambassador that
      names a set of persons, each person named in the announcement
      satisfies the Winning Condition of Diplomacy. This rule then
      repeals itself.
}}}


On behalf of H. Ambassador BobTHJ, I announce a diplomatic win, naming
the set of BobTHJ and root.


On behalf of H. Ambassador BobTHJ, I effect a rule change whereby Rule
2148 is amended, by replacing its second paragraph with this text:

{{{
      A foreign nomic may grant certain positions and perquisites to
      Agora's ambassador. If so, the ambassador shall generally
      exercise such perquisites in such manner as e sees fit, subject
      to other rules and orders.
}}}

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Caller's Arguments:

Rule 2148/2 reads, in part, "A foreign nomic may grant certain powers
and privileges to Agora's ambassador."  "Power" is defined by R1688/4
to be a non-negative rational number which, if positive, makes its
possessor an instrument; per R105/3 an instrument can, as part of its
effect, make rule changes.  "Privilege" is defined by R101/7 as
something that exists in the absence of a binding agreement to the
contrary.

The privilege granted the Ambassador by the Embassy enabled the
Ambassador to effect rule changes in accordance with the rules.  The
power granted by the Embassy made the Ambassador an instrument and
permitted em to change rules up to power 2.  This was used to make
specific changes to the rules to enable the win and then close the
loophole.

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Judge ais523's Arguments:

First, I really like this scam; messing around with coincidences like
that is to me one of the most elegant forms of scamming.

There are two things to consider here: whether BobTHJ had a Power of 2
and thus was capable of creating Power-2 rules, and whether BobTHJ had
some other method of creating the rule in question.

First, the powering-up of BobTHJ clearly failed. Although rule 2148
states that the Embassy can grant Agora's Ambassador powers (including,
presumably, a Power of 2), rule 2140 (which takes precedence over it)
prevents the power-0 nomic in question elevating anything to power 2. I
am not aware of any reasonable arguments against this; the way rule 2148
is worded, it is clearly not granting the power in question itself.
(Scams which rely on wording have to work on the literal wording of the
rules; you can't rely on literal wording for part of the scam and then
claim game custom on the same wording to reinterpret it a different
way!)

The case of the granted privilege is more interesting. Rule 101 has been
amended since the scam took place, but the relevant part of R101/7, the
relevant version, is its preamble:
{{{
     The rules may define persons as possessing specific rights or
      privileges.  Be it hereby proclaimed that no binding agreement
      or interpretation of Agoran law may abridge, reduce, limit, or
      remove a person's defined rights.  A person's defined privileges
      are assumed to exist in the absence of an explicit, binding
      agreement to the contrary.  This rule takes precedence over any
      rule which would allow restrictions of a person's rights or
      privileges.
}}}

The language here is "the rules may define persons as possessing
specific rights or privileges". In other words, it is clear that the
intent of R101 at the time is that privileges are granted to persons by
rules. Embassy is not a rule, so it certainly doesn't fit the game
custom definition of what can grant a privilege. Game custom is not
enough to stop a valid scam, though, as long as the scam is very
thoroughly defended by the text of the rules.

There is no real reason to believe that the grant of the privilege in
question failed. However, it is far from certain what the privilege in
question actually does when it's been granted. The privilege claims to
make it possible for the Ambassador to modify power-2-or-lower rules in
a specific manner; however, this is pretty strongly rebutted by rule
105. Rule 105 makes it clear that only instruments can create rules, and
takes precedence over most instruments itself. A privilege granted by a
foreign nomic is not an instrument (unlike in the similar scam I
attempted, which worked because the Monster was an instrument); the
foreign nomic itself having a power of 0, it cannot elevate anything
else into privilege status. Therefore, there are only two remaining
scenarios:
      * An instrument was involved in making the actual rule change the
        scamsters claimed to make, or
      * Rule 101 allowed the privilege to change the rules (or allowed
        the privilege to allow the scamsters in question to change the
        rules), despite rule 105.
In the first case, the only plausible instruments seem to be rule 2148,
and rule 101. Rule 2148, however, is merely allowing foreign nomics to
grant privileges to a person; it is a huge and implausible stretch to
assume that it itself is changing the rules (note that rule 2148 is not
sufficiently powerful to allow persons to change rules directly).

This leaves only rule 101, and the language above. Defined privileges
are assumed to exist in the absence of an explicit binding agreement to
the contrary; however, what we have here is an undefined privilege being
caused to exist. This seems to be a situation entirely irrelevant to
rule 101, whose purpose was then, at least partly, to cause privileges
to exist. In the case of an already-existing privilege that was imposed
some other way, rule 101 effectively does not state anything; it
certainly doesn't allow the privilege to change the rules, or change the
rules itself as a result.

Therefore, it is clear that no sufficiently powerful instrument was used
to enact "Win by Diplomacy", so the enactment failed, and thus the win
was never awarded. I judge CFJ 2198 FALSE.

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