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Date: Wed, 12 Apr 95 10:29:49 EST5
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From: kelly@poverty.bloomington.in.us (Kelly Martin)
To: nomic-official@teleport.com
Subject: OFF: CFJ760: Final Judgement
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Status: RO

======================================================================
		      FINAL JUDGEMENT OF CFJ 760
	     (Rule 1446 must be interpreted as such,...)
======================================================================

  Final Judgement:  FALSE

  Judgement of the pro-Clerk of the Courts:  FALSE
  Judgement of the Justiciar:		     FALSE
  Judgement of the Speaker:		     FALSE

  Clerk of the Courts:  Kelly	  Delegate:  elJefe
  Justiciar:		Steve
  Speaker:		Vanyel

  Judgement:  TRUE

  Judge:   Kelly

  Eligible to Judge:  Blob, Coren, Chuck, Elde, elJefe, Jeffrey S,
		      JonRock, Kelly, Michael, Oerjan, Pascal, Steve,
		      Swann, Vanyel, Vlad, Xanadu

  Caller:  TAL

  Scorekeepor:
    Kelly receives 5 Points for speedy Judgement
    elJefe receives 5 Points for speedy Judgement
    Steve receives 3 Points for timely Judgement
    Kelly must return 5 Points for being overturned    

----------------------------------------------------------------------

History:
  Called Mon, 03 Apr 95 17:02:20 SET by TAL
  Assigned Mon, 3 Apr 1995 16:55 UTC to Kelly
  Judged TRUE Mon, 3 Apr 95 13:51:22 EST5 by Kelly
  --> Kelly receives 5 Points
  Appealed Mon, 3 Apr 95 17:03:28 EDT by elJefe
  Appealed Tue, 4 Apr 1995 02:40:00 -0400 by Swann
  Appealed Wed, 5 Apr 95 10:33:39 -0400 by KoJen
  Assigned Wed, 5 Apr 1995 19:45 UTC to elJefe as pro-CotC
  Assigned Wed, 5 Apr 1995 19:45 UTC to Steve as Justiciar
  Assigned Wed, 5 Apr 1995 19:45 UTC to Vanyel as Speaker
  Judged FALSE Wed, 5 Apr 95 17:18:57 EDT by elJefe
  --> elJefe receives 5 Points
  Judged FALSE Wed, 12 Apr 1995 13:07:46 +1000 (EST) by Steve
  --> Steve receives 3 Points
  Judged FALSE Wed, 12 Apr 1995 00:58:28 -0500 (CDT) by Vanyel
  --> Vanyel receives 3 Points
  --> Kelly loses 5 Points

======================================================================

Statement:

"Rule 1446 must be interpreted as such, that the transfer from
the Abelain Group to the Scam Contest Fund and the transfer from
Scam Contest Fund to TAL, when the Scam Contest was dissolved, are
both legal."

Barred Players: KoJen, Dave Bowen, Andre

----------------------------------------------------------------------

Arguments:

Rule 1011 (Game Entities May Not Be Arbitrarily Changed) and
Rule 692 (Trading Points) which normally prohibit the two transfers
are both preceeded by 1446. Thus both transfers are legal, the
first being allowed by good old 116.

----------------------------------------------------------------------

References (contest announcement and various Rules):

ANNOUNCEMENT OF THE CONTEST

Name: Scam Contest
Regulations:

1) The Contest has at most one participant
2) The initial Contestmaster is TAL, until 1 second after he
    becomes Contestant. No other provision for a Contestmaster
    is given in these Regulations
3) The entry fee is 1 Point
4) Immediately after the one and only participant has paid his fee,
   300 Points shall be transfered from the Abelian Group to the
   Scam Contest fund.

==========
In case you wondered, this transfer is allowed because Rule 1446 states:
"This Rule takes precedence over
 all other Rules which determine which Point and Currency
 transfers are legal and/or taxable"

1446 therefore takes precedence over Rule 1011 (Game Entities May Not
Be Arbitrarily Changed) ]

==========
Scorekeepor, please take note: I, TAL,  transfer 1 Point to the Scam
Contest Fund, thusly becoming the one and only Participant.

Immediately 300 Points are transfered from the Abelian Group Treasury
to the Scam Contest Fund.

One second later, the Scam Contest no longer has a Contestmaster and
is dissolved. By Rule 1446 the contents of the Scam Contest Fund is
divided over the partipants.

Hence TAL receives 301 Points, enough to win the current game.

==========

Rule 116/0 (Semimutable, MI=3)
Permissibility of the Unprohibited

      Whatever is not prohibited or regulated by a Rule is permitted
      and unregulated, with the sole exception of changing the Rules,
      which is permitted only when a Rule or set of Rules explicitly or
      implicitly permits it.


Rule 692/2 (Mutable, MI=1)
Trading Points

      A Player may voluntarily transfer Points to any other Player for
      any purpose, within the following limits:
       (a) the transfer must be posted to the Public Forum
       (b) a Player may only transfer a positive number of Points
       (c) a Player may not transfer more Points than e currently has
       (d) a Player may not transfer Points if the recipient has more
           than than 90% of the Points required to Win, or would pass
           this limit as a result of the transfer.

      If any agreement among Players includes any transfer of Points
      between two Players then each such transfer shall be in
      accordance with the above.  But this Rule shall not be construed
      as having any bearing on the legality or legal enforceability of
      any terms of said agreement which do not involve such a
      transfer.

      All Nomic Entities shall abide by the above limits whenever
      Points are traded.  If a Nomic Entity must trade Points by the
      current Rules but would end up breaking the above limits, then
      the Nomic Entity trades the maximum amount possible without
      breaking any of the above limits.  This Rule shall have
      precedence over all other Rules pertaining to the Trading of
      Points.

Rule 1011/0 (Mutable, MI=1)
Game Entities May Not Be Arbitrarily Changed

      Any Entity which is created by the Nomic Rules, and which exists
      only within the context of Agora Nomic (such as Points, Votes,
      Currencies and any Official Records) may *not* be changed by any
      action other than those specified by the Rules.

      No two Nomic Entities (including Players) shall have the same
      name or nickname.
      (*Was: 450*)

Rule 1446/0 (Mutable, MI=1)
Contests

      A contest is a subgame of Agora Nomic, having its own Name,
      Entry Fee, Regulations, Contestmaster, and Contest Fund.

      It is created when a Player posts to the Public Forum an
      announcement of the contest, including the Name and Regulations.
      Participants in the subgame are called Contestants of that
      contest.  The player making the post becomes the Contestmaster.

      The Contestmaster for a given Contest is a Player who has
      responsibility for administering the subgame.  He reports all
      score changes and currency transfers taking place under the
      Regulations, administers the Contest Fund, and maintains the
      Regulations.

      The Contest Fund is an entity capable of owning, trading, and
      spending Points or Currencies in the same manner as a Player,
      but only as authorized by the Regulations.

      The Regulations specify the operation of the Contest.  All
      Contestants, and the Contestmaster, are bound by the Regulations
      except where these conflict with the Rules.  They may also
      specify:
        - how the Contestmaster is replaced,
        - how currencies and Points are transferred to or from the
          Contest Fund,
        - the amount of the Entry Fee for the Contest, which shall be
          in Points,
        - additional restrictions on Players to become Contestants,
        - how the Regulations may be changed, and
        - ways for the Contest to be dissolved.

      A Player becomes a Contestant by notifying the Contestmaster and
      paying the prescribed Entry Fee to the Contest Fund.  A
      Contestant may quit a Contest at any time by so notifying the
      Contestmaster, or by so posting to the Public Forum.

      A contest is dissolved when there is no Contestmaster and no
      provision for replacing em, or as otherwise provided in the
      rules, or in the Regulations.  When this happens the Contest
      Fund is distributed as provided in the Regulations; if no
      provision is made the Fund is divided equally between the
      Contestants.

      If according to the Regulations the Contest Fund must transfer
      Points and/or currency to a Contestant, and the Fund does not
      have sufficient resources, then enough of the Contestmaster's
      Points and/or currency are transferred to the Fund to cover the
      transaction.

      If e does not have sufficient Points or currency to accomplish
      this, then each Contestant is given back eir entry fee, and the
      Contestmaster loses the number of Points of the returned entry
      fees. The Contest is then dissolved.

      No Blots shall be assigned by this Rule.

      This transfer is not taxable.  This Rule takes precedence over
      all other Rules which determine which Point and Currency
      transfers are legal and/or taxable, or which would assign Blots
      to any Player.

======================================================================

Judgement:  TRUE

In the matter of Call for Judgement Number 760, I hereby enter a
Judgement of TRUE, for the reasons detailed below.

Rule 1446 declares that a Contest is created when an announcement of
the Contest is posted to the Public Forum, specifying the Name and
Regulations of the Contest.  TAL did so by posting the announcement to
nomic-business, which has been designated by the Distributor as a
Public Forum at approximately 16:59 UTC on 3 Apr 1995.

The Regulations specify TAL as Contestmaster initially, which is
consistent with Rule 1446.  TAL is a Player, according to the most
recent Registrar's Report.

I therefore find that the Scam Contest was legally created.  I also
find that TAL legally joined the Contest, at the same time it was
created (or, for the quantum time people, at a time T seconds later,
where T is the smallest unit of time allowed by natural law).

As to the first transfer, from Abelian Group's Treasury to the Contest
Fund, I find that it was only legal, but not of the size claimed by
TAL in his message to the Public Forum.  The Regulations are
permitted, by 1446, to specify the manner in which currencies and
Points are transferred to or from the Contest Fund.  I interpret this
to mean that the Regulations of a Contest may, under conditions
specified in the Regulations, require transfers into the Contest Fund
from other sources.  I cannot find any specific Rule which would
prohibit a transfer out of a Group's Treasury, aside from Rule 1011.
But Rule 1011 does not apply in this case, because 1446 grants
legislative authority to effect transfers of Points to and from
Contests Funds, which is exactly what the first transfer is.  Also,
Rule 692 does not apply, because 692 deals with trading points between
Players, and this transfer was neither to nor from a Player.  The last
paragraph of 692, which requires that "all Nomic Entities ...  abide
by the [specified] limits whenever points are traded", does not
prevent this transfer, although it does restrict it.  The transfer was
posted to the Public Forum; and it was for a positive number of
points.  Clause (d) does not apply because a Contest Fund may not win.
Clause (c), however, limits the transfer to the number of Points in
the Contest Fund, which at the time of the transfer was 1.  Hence, I
find that the transfer is legal in principle, but that the size of the
transfer is limited to one Point.  Rule 1442 attempts to claim
precedence, as TAL notes in his Arguments; however, 692 _also_ claims
precedence.  By Rule 1030, therefore, 692 takes precedence by the
numerical method.

Since the question placed before me in this CFJ is whether the
transfer is legal, I find that it is, in fact, legal.

As to the second transfer, I also find that it is legal, although not
of the size alleged to by TAL in his message to the Public Forum.  One
second after TAL entered the Contest, which I find he did, the Contest
had no Contestmaster.  Hence, it is dissolved by Rule 1442, and its
Contest Fund distributed amongst the Contestants, which is to say,
TAL.  Hence, TAL does receive the entire contents of the Contest Fund:
two points.

Again, the same argument which limits the size of the first transfer
would have applied to limit the size of the second transfer; Rule 692
and Rule 1446 both claim precedence.  By Rule 1030, 692 therefore has
precedence.

It is therefore the finding of this Court that both transfers are
legal, and that this CFJ is TRUE.  However, it is the nonbinding
opinion of this Court that the size of these transfers is misstated in
TAL's message to the Public Forum; specifically, the first transfer
from Abelian's Treasury to the Scam Contest Fund is of 1 Point, not
300, and the second transfer, from the Scam Contest Fund to TAL is of
2 Points, not 301.

Respectfully submitted this 3rd day of April, 1995,

Kelly Martin

----------------------------------------------------------------------

Additional evidence:

Rule 1030/1 (Mutable, MI=1)
Precedence Between Conflicting Rules

      There are two types of conflicts between rules: (a) conflicts
      between rules with the same Mutability Indices; (b) conflicts
      between rules with different Mutability Indices.

      (a) Conflicts between Rules with the same Mutability Indices:

      If two or more Rules with the same Mutability Indices conflict
      with one another, then the Rule with the lower Number takes
      precedence.

      If at least one of the Rules in conflict explicitly says of
      itself that it defers to another Rule (or type of rule) or takes
      precedence over another Rule (or type of Rule), then such
      provisions shall supercede the numerical method for determining
      precedence.

      If two or more Rules claim to take precedence over one another
      or defer to one another, then the numerical method again
      governs.

      (b) Conflicts between Rules with different Mutability Indices:

      In a conflict between rules with different Mutability
      Indices, the rule with the higher Mutability Index takes
      precedence over the Rule with the lower Mutability Index. 

History:
...
Amended(1) by Proposal 1527, Mar. 24 1995

======================================================================

Judgement of the pro-Clerk of the Courts:  FALSE

The first transfer was legal by the loophole in Rule 692 (though modified 
to 1 Point).  The second transfer was not legal since the Scam Contest 
cannot be dissolved.


THE FIRST TRANSFER:  ABELIAN GROUP to SCAM CONTEST FUND

I accept the argument of Judge Kelly, that the first transfer is legal,
though not in the amount claimed.

Rule 1446 says that Contest Funds may transfer Points in the same 
manner as a Player.  Rule 692 says that a Player may transfer Points 
to any other Player, subject to certain limits.

It does not say "transfer Points in eir possession."  This is the same 
omission already repaired in the Rule 1040 and Rule 614. We just never 
thought to repair it in Rule 692.

As Judge Kelly points out, this transfer is still subject to the limits
imposed by 692(c), and is therefore modified by the last paragraph of
Rule 692, and the Contest Fund trades the maximum which would be allowed,
namely 1 Point.


THE SECOND TRANSFER:  SCAM CONTEST FUND to TAL

The second transfer is the transfer from Scam Contest Fund to TAL.
There is no legal way such a transfer can take place.

Rule 1446 permits Regulations to specify how the Contestmaster may
be replaced.  This is different from saying that they have the power
to vacate the Contestmastership.

TAL became Contestmaster when he posted the Scam Contest announcement.
The Regulations do not specify any way of replacing the Contestmaster,
and hence he remains Contestmaster.  Since the Contest continues to 
have a Contestmaster, it does not auto-dissolve under Rule 1446.

The Regulations do not specify any other way of dissolving the Contest, 
and so the Contest is not dissolved.  Therefore the disbursal under
Rule 1446 does not take place.

There is no regulation authorizing the Contest Fund to transfer Points
to a Contestant.  Rule 1446 says that the Fund may make transfers, but 
only as authorized by the regulations.  Hence the transfer cannot 
take place, either as a dissolution disbursement, or as an ordinary 
Contest transfer.


--Justice ElJefe

======================================================================

Judgement of the Justiciar: FALSE

I Judge that the Statement is FALSE. Justice eljefe has provided
convincing and cogent arguments to the effect that the first transfer
is legal, though not of the size reported by TAL, but that the second
transfer is illegal because the Scam Contest cannot be dissolved.

======================================================================

Judgement of the Speaker: FALSE

I judge FALSE for several reasons.  First, let me quote a few salient
points.

>From the Contest Announcement:

> 4) Immediately after the one and only participant has paid his fee,
>    300 Points shall be transfered from the Abelian Group to the
>    Scam Contest fund.

Since TAL did, undoubtedly, transfer the Entry Fee, Regulation 4 is
invoked.  The Scam Contest attempts to transfer 300 points from Abelian
to the SC Fund.

Rule 116, in its entirety:

> Rule 116/0 (Semimutable, MI=3)
> Permissibility of the Unprohibited
> 
>       Whatever is not prohibited or regulated by a Rule is permitted
>       and unregulated, with the sole exception of changing the Rules,
>       which is permitted only when a Rule or set of Rules explicitly or
>       implicitly permits it.

This is often taken to mean that what isn't *prohibited* is legal.  But,
it must be remembered that *regulation* counts to prevent invocation of
116, too.

Selections from Rule 692:

> Rule 692/2 (Mutable, MI=1)
> Trading Points
> 
>       A Player may voluntarily transfer Points to any other Player for
>       any purpose, within the following limits:
>        [...]
>        (c) a Player may not transfer more Points than e currently has
>
>       [...]
>
>       All Nomic Entities shall abide by the above limits whenever
>       Points are traded.  If a Nomic Entity must trade Points by the
>       current Rules but would end up breaking the above limits, then
>       the Nomic Entity trades the maximum amount possible without
>       breaking any of the above limits.  This Rule shall have
>       precedence over all other Rules pertaining to the Trading of
>       Points.

That first sentence is worthless in our case, as it only applies if
Points are *traded*, which is two-way.  But the rest of the paragraph
may be helpful: a Nomic Entity (the SC) must trade by current Rules, but
breaks the limits (the Scam Contest owns 0 Points and attempts to
transfer 300 Points).  So, the NE (the SC) trades the max possible (0)
without breaking limits.  This Rule, numbered 692, attempts to take
Precedence.

>From Rule 1011:

> Rule 1011/0 (Mutable, MI=1)
> Game Entities May Not Be Arbitrarily Changed
> 
>       Any Entity which is created by the Nomic Rules, and which exists
>       only within the context of Agora Nomic (such as Points, Votes,
>       Currencies and any Official Records) may *not* be changed by any
>       action other than those specified by the Rules.
>       [...]

It is impossible for this to take effect in the current case, as the
Actions taken *are* specified, and regulated.

>From Rule 1446:

> Rule 1446/0 (Mutable, MI=1)
> Contests
> 
>       [...]
> 
>       The Contest Fund is an entity capable of owning, trading, and
>       spending Points or Currencies in the same manner as a Player,
>       but only as authorized by the Regulations.

Note, please, that there are *TWO* entities at work here: the Contest,
and the Contest Fund.  The Scam Contest seems to be the one possessing
the Regulations, and the Contest Fund holds the Points--meaning that the
Contest can't transfer Points, period, as it doesn't own any (see part c
of the Points Transfer Rule).  Indeed, there may even be three (the
Contest, the CF, and the Regs), depending on your reading of the Rule.

>       The Regulations specify the operation of the Contest.  All
>       Contestants, and the Contestmaster, are bound by the Regulations
>       except where these conflict with the Rules.  They may also
>       specify:
>         - how the Contestmaster is replaced,
>         - how currencies and Points are transferred to or from the
>           Contest Fund,

The Scam Contest Regulations do specify how currencies are transferred;
does this automatically mean these transfers are executed?  I assume so,
but it's not really explicit, as I think about it.

>       [...]
> 
>       This transfer is not taxable.  This Rule takes precedence over
>       all other Rules which determine which Point and Currency
>       transfers are legal and/or taxable, or which would assign Blots
>       to any Player.

This Rule, numbered 1011, attempts to take precedence; 692 also does.
Therefore 692 wins, and Points are transferred only as according to it.
That is to say, not at all.  Thus, the transfer of 300 Points is *not* a
legal transfer (although the Rules do modify it so that it becomes so).

Note that if this Appeal overturns Player Kelly's Judgement in the
matter, for reasons very similar to the ones given in eir own Judgement,
I do not believe the resultant Point loss should be reported by the
CotC; if it is, I will recompense em for eir loss.
=====

Vanyel

-=-=-=-Don Blaheta-=-=-=-blahedo@quincy.edu-=-=-=-dblaheta@aol.com-=-=-=-

War is peace.  Freedom is slavery.  Ketchup is a vegetable.

======================================================================
--
kelly martin                                 <kelly@poverty.bloomington.in.us>

       I have been told that when a large group of people believe in a
     fantasy, it is called a culture.  When a small group believes, it is
      called a cult.  When two people believe in a fantasy, it is called
	 love; and when one person believes, it is called psychosis.