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To: nomic-official@teleport.com
Subject: OFF: Decision of CFJ 800
Date: Wed, 09 Aug 1995 20:33:29 -0500
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Status: RO

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

CFJ 800

Caller: TAL

Statement: The Contest Rule 1446 must be interpretated such, that
  Kelly's Point Storehouse is not a Contest.

Barred: Kelly, Swann, Chuck

Requested Injunction: none

Judge: Michael
 Judgement: FALSE

Effects reported by COTC (* indicates new to this report)
  *Michael receives 3 points for his judgement.

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

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

History:
  Called by TAL Wed, 02 Aug 95 18:16:09 SET
  Assigned to Michael Wed, 2 Aug 95 12:30:33 CDT
  Judged FALSE by Michael Tue, 8 Aug 95 10:23:42 BST
  Judgement published {with this report}

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

Arguments of Caller (TAL)

First of all, I am not singling out Kelly with this CFJ. But Kelly's
Storehouse was the first hibernation Contest, for which I got the
regulations, after my request.

The point of the CFJ is to get a Ruling on the existence of the
loophole that allows a Player to hibernates Points in a Contest Treasury.

My principle argument is that the `Kelly's Point Storehouse Contest'
(or KPSC) does not follow the definition of a Contest as given in Rule 1446.
(In the following `Contest' with a capital C is the Nomic Entity
Contest, while `contest' is the English word.)

Rule 1446 states:
"A Contest is a subgame of Agora Nomic, ...."

`subgame' is not in my dictionary, but `sub-' is, with as
definition: under, subordinate.

A Contest is therfore a game subordinate to the Agora game.
Is KPSC a game?

I find:
game:
  1: amusement, diversion
  2: sport, fun
  3: scheme, project
  4: a line of work : profession
  5: contest
  6: animals hunted for sport or food; also : the flesh of a game
     animal

Thus we have that a Contest is a type of game, while a game
might be a contest.
Not surprisingly we find that a Contest is a type of contest.

Now for the definition of `contest':
  1: struggle, fight
  2: competition

And here is where KPSC fails: from its Regulations it is clear
that there is no struggle, no fight and no competition going on.
The only thing that happens is that Currencies might be pushed
around between the KPSC Fund and other Treasuries.

The conclusion is obvious: KPSC is not a Contest and Kelly's
June 11 message and attempted transfers to the KPSC Fund have no
legal validity.

============================================================
Arguments of Judge (Michael):

           The Caller's argument rests on the claim that Kelly's Contest
           is not a "subgame" of Agora Nomic in any natural sense, in
	   contravention of the first sentence of 1446/3.  Yet the
	   Caller conveniently provides definitions of "game" that
	   include "scheme; project".  This definition of "game"
	   clearly corresponds to the nature and purpose of Kelly's
	   Contest.
          
           In any case, I do not believe the emphasis that the Caller
	   attempts to put on the use of the word "subgame" is
	   warranted.  The form of the relevant rule (1446) is such
	   that it is clear that the word "subgame" is being used as a
	   simple place-holder, and that its exact meaning is to be
	   specified in the rule to come.  This very first sentence
	   begins the process by stating that a Contest has "its own
	   Name, Entry Fee, Regulations, Contestmaster, and Contest
	   Fund".
          
============================================================

Evidence provided by Caller (TAL):

-Kelly's message proudly announcing eir Storehouse:

Mon, 10 Jul 95 02:53:51 EST5
kelly@poverty.bloomington.in.us (Kelly Martin)
BUS: Kelly's Point Storehouse Contest

I hereby announce "Kelly's Point Storehouse Contest" with the
following regulations:

1. The Contestmaster may not be changed.
2. The Contestmaster is empowered to transfer any Currencies in the
   Contest Fund to any other Treasury at any time.
3. The Entry Fee for this Contest is 1 Point.
4. Kelly is permitted to become a Contestant in this Contest.  No
   other entity may be a Contestant.
5. These Regulations may be changed at any time by Kelly.

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

i hereby transfer one Point from my own Treasury to Kelly's Point
Storehouse Contest Fund, thereby becoming a Contestant.  i then
transfer the balance of my Points to Kelly's Point Storehouse Contest.

who needs Reform Group? :)

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

Harm to the market for copyrighted work or its derivatives which is caused by
 a devastating critique which diminishes sales by convincing the public that
  the original work is of poor quality is not within the scope of copyright
                                 protection.
  -- from the ruling of the court in "New Era Publications Intl. ApS v Carol
               Publishing Group" (904 F.2d 161 (2nd Cir. 1990))

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

- Rule 1446:

Rule 1446/2 (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
      currency transfers taking place under the Regulations, is the
      Executor of the Contest Fund, and maintains the Regulations.

      The Contest Fund is a Treasury, as provided for in other Rules.
      The owner of this Treasury is the Contest, and the Executor of
      this Treasury is, at all times, the Contestmaster of the
      Contest.

      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:
        1. how a Contestmaster is replaced. However, no person may
           become Contestmaster without eir consent;
        2. how the Currencies in the Contest Fund shall be spent, so
           long as this does not conflict with the Rules;
        3. the amount of the Entry Fee for the Contest, in the form of
           units one or more Currency;
        4. additional restrictions on Players to become Contestants,
           and conditions under which Contestants cease to be
           Contestants;
        5. how the Regulations may be changed.  If they do not so
           specify, the Regulations may not be changed. Whenever the
           Regulations are changed, the Contestmaster must post the
           new Regulations to the Public Forum, and no such change is
           effective until it is so posted;
        and
        6. how the Contest may 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
      Contestmaster may resign at any time by posting a message to
      that effect to the Public Forum, at which time e ceases to be
      Contestmaster.

      A contest is dissolved when there is no Contestmaster and no
      provision for replacing em, or upon unanimous agreement of the
      Contestmaster and all Contestants, 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 the Contest Regulations require a transfer to be made, but
      the Contest Fund has insufficient currencies to permit that
      transfer to be made, sufficient currencies to cover the transfer
      shall be involuntarily transferred from the Contestmaster's
      Treasury to the Contest Fund.  The Contestmaster shall report
      this transfer to the appropriate Recordkeepors.

      No Blots shall be assigned by this Rule.

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

End of CFJ 800

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