==============================  CFJ 3069  ==============================

    Arkady English was a player throughout the entire day of 16 July


Caller:                                 ais523

Judge:                                  Pavitra
Judgement:                              FALSE



Called by ais523:                       18 Jul 2011 21:01:42 GMT
Assigned to Pavitra:                    24 Jul 2011 18:31:27 GMT
Judged FALSE by Pavitra:                25 Jul 2011 02:32:21 GMT


Caller's Arguments:

I'm still not entirely sure we've settled what happens with
message timing when the lists are down; and the rules for registration
are different, so I'm not sure if that has any effect on the timing.
(Deregistration would have been even more interesting, but Wooble either
hasn't been a player when the lists were down, or didn't think of it.)


Caller's Evidence:

On Fri, 2011-07-15 at 23:14 +0100, Arkady English wrote:
> Dear Agorans:
> I intend to join the game at this time in accordance with rule 869.
> Also, agoranomic.org seems to be down :-S


Judge Pavitra's Arguments:

The most relevant precedent I've been able to find is CFJ 2779. The
judge's arguments in that case suggest that questions of this kind must
in general must be decided on a case-by-case basis, and that the first
criterion should be the balance of various players' rights of
participation in the fora.

The precedent of 2779 was dealing with a more complicated situation,
where different players had different degrees of access to the fora.
That case concerns itself primarily with players' uncertainty regarding
whether apparently-sent messages have in fact been sent.

Applying that standard in this case, it seems relevant that the message
in question included an acknowledgement that the site was down. Since
the list addresses use the same domain name as the website, I believe
that Arkady English could reasonably have suspected that eir message
might not go through. In addition to this, e would have received a
bounce notification soon after the attempted sending.

Thus, it seems that the sender had considerably more opportunity to
realize that eir attempt to send a message had failed than the rest of
the players had to realize that e had made the attempt. Treating the
message as effective would seriously interfere with the ability of the
majority of players to participate in the fora, while treating the
message as ineffective would present at most a moderate inconvenience
(that of resending to a backup list) to only one player (for each such
attempted message).

Thus, it is unacceptable to treat the message as having taken effect
upon its sending. However, it is nearly equally bad to treat an
apparently-sent message as ineffective, and the message was eventually
received by the players in general.

I therefore find that Arkady English became a player upon the general
receipt of the message by the players of Agora at large, on or about UTC
20:53, 18 July 2011.


Judge Pavitra's Evidence:

a lightly-edited excerpt from the headers of Arkady
English's purported registration message as I received it.
Received: by with SMTP id k8cs65164fan;
        Mon, 18 Jul 2011 13:54:07 -0700 (PDT)
Received: by with SMTP id l5mr2091082agi.154.1311022444226;
        Mon, 18 Jul 2011 13:54:04 -0700 (PDT)
Received: from yzma.clarkk.net (blackbox.clarkk.net [])
        by mx.google.com with ESMTP id
        Mon, 18 Jul 2011 13:54:04 -0700 (PDT)
Received: from yzma.clarkk.net (localhost [])
        by yzma.clarkk.net (Postfix) with ESMTP
        id 413B9811AF; Mon, 18 Jul 2011 15:54:02 -0500 (CDT)
Received: from mail-iw0-f177.google.com (mail-iw0-f177.google.com
        by yzma.clarkk.net (Postfix) with ESMTP id 6239381179
        for <agora-business@agoranomic.org>; Mon, 18 Jul 2011 15:53:25 -0500
Received: by iwn35 with SMTP id 35so4560004iwn.22
        for <agora-business@agoranomic.org>; Mon, 18 Jul 2011 13:53:24
-0700 (PDT)
Received: by with SMTP id t8mr4292577icb.198.1310768072622;
 15 Jul 2011 15:14:32 -0700 (PDT)
Received: by with HTTP; Fri, 15 Jul 2011 15:14:32 -0700 (PDT)