======================================================================
                          CFJ 871

   Statement: On or about 20 April 1996, Morendil committed the Crime of
   Misrepresentation, by posting to the Public Forum a message which e
   did not specifically disclaim as possibly incorrect, but which e knew
   or should reasonably have known to contain falsifications.

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

Board of Appeals:       Decision:
    Steve               FALSE
    ElJefe              FALSE
    (Jtael)             Defaulted
    Chuck               FALSE

Final Judgement:        FALSE

Original Judge:         Zefram
Original Judgement:     TRUE


Caller:         Kelly
Barred:         Morendil
On Hold:        Swann

Eligible:       Andre, Chuck, elJefe, favor, Jtael,
                Michael, Murphy, Narcisse,
                Oerjan, Steve, Vanyel, Zefram

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

History:
  Called by Kelly, Mon, 29 Apr 96 17:26:15 EST5
  Assigned to Zefram, Tue, 30 Apr 1996 09:26:27 -0400
  Judged TRUE by Zefram, Mon, 6 May 1996 00:40:36 +0100 (BST)
  Appealed by Morendil, Mon, 6 May 1996 13:47:29 +0100
  Appealed by Andre, Mon, 6 May 96 14:30:32 METDST
  Appealed by Michael, Wed, 8 May 96 11:16:17 BST
  Assigned to Steve as Justice, Wed, 8 May 1996 14:11:45 -0400
  Assigned to ElJefe as Justice, Wed, 8 May 1996 14:11:45 -0400
  Assigned to Jtael as Justice, Wed, 8 May 1996 14:11:45 -0400
  Judged FALSE by Steve, Tue, 14 May 1996 13:41:45 +1000 (EST)
  Judged FALSE by ElJefe, Tue, 14 May 96 09:27:58 EDT
  Defaulted by Jtael, Wed, 15 May 1996 14:11:45 -0400
  Assigned to Chuck as Justice, Fri 17 May 1996 9:43:11 GMT
  Judged FALSE by Chuck, Thu 23 May 1996 21:51:54 -0500 (CDT)

======================================================================
Argument:

Defendant's message (Exh. A) alleges that on or about 20 April 1996,
the Regulations of Morendil's Feline Orphanage were amended solely by
the deletion of the four so-called "temporary" regulations.  It has
recently been revealed that Defendant was less than truthful in this
disclosure; the Ordinances were also amended at the same time to
include another Ordinance, known as the Immaculate Ordinance (Exh. B).

It can be argued that Defendant's message does not specifically claim
that the reported changes are all the changes.  Petitioner disputes
this argument.  Had Defendant made no statement at all about what the
nature of the changes were, or if eir statement had been clearly vague
or incomplete, Petitioner would agree that it would not be reasonable
to assume that Defendant's statement did not completely represent the
nature of the changes to the Regulations.  However, Defendant's
statement appears to be a complete representation of the changes made,
and Petitioner suspects most reasonable people would believe that it
was a complete representation of the changes.  Therefore, Defendant
knew or should have reasonable know that the effect of eir message was
to import that the only change to the Regulations was the
aforementioned deletion, when in fact there were other changes.  Thus
eir message misrepresented the truth of the matter.  The emoticon at
the end of Defendant's message lends support to the principle that
Defendant expected his message to be misinterpreted as a complete
representation; this also establishes intent to misrepresent by
omission.  Both a later message from Defendant in response to
Petitioner's interrogatory (Exh. C) and another discussionary message
from Defendant suggest further that e expected, and even desired, such
misinterpretation.  It seems clear that Defendant believed that eir
post contained incorrect information.

Defendant cannot successfully argue that e was not aware of the
differing truth of the matter, because e was necessarily aware of the
exact nature of the changes as Contestmaster of Morendil's Feline
Orphanage.  CFJ 827 established that the failure to disclaim a post as
containing possibly incorrect information lends a presumption of
correctness to the contents of that message, so there is no defense on
the claim that the information was not presented as correct.

Rule 1497/3 prescribes that any Player who presents as correct
information which e believes to be incorrect as part of any message
sent to the Public Forum [...] commits the Crime of Misrepresentation,
a Class C Crime.  It is therefore Petitioner's allegation that
Defendant did commit the Crime of Misrepresentation by eir post.
Petitioner prays that the Court, in accordance with the Rules and the
principles of Justice, find the Defendant guilty of this Crime and
impose the appropriate punishment.

I affirm that the abovegoing statements and representations are true.

Kelly Martin
29 April 1996

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Exh. A:

From:             "Laurent Bossavit" <morendil@micronet.fr>
To:               nomic-business@teleport.com
Date sent:        Sat, 20 Apr 1996 10:20:05 +0100
Subject:          BUS: Changes to Orphanage Regs
Priority:         normal
Send reply to:    nomic-discussion@teleport.com

The Regulations of the Contest known as Morendil's Feline Orphanage
have changed - regulations temp A) through temp D) have been Repealed.
;)

BTW, doesn't the Contestmaster have to send a copy of the Regs 
to someone when they change ? I can't find it anywhere in the Rules,
so for the moment I'm not going to spam the list with it...

-[Morendil]-
This tagline reserved for internal kernel use.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Exh. B: (taken from Evidence in CFJ 867)

From:             "Laurent Bossavit" <morendil@micronet.fr>
To:               morendil@micronet.fr
Date sent:        Sat, 20 Apr 1996 18:30:43 +0100
Subject:          Morendil's Feline Orphanage - New Regs
Priority:         normal

The Regulations of the Feline Orphanage are now as follows :

1) Any willing Player may become the Contestmaster in the event
that the former Contestmaster deregisters. Player Morendil shall
become Contestmaster at any time upon request in the event that e ever
ceases to be so.

2) The Entry Fee for this Contest shall be 0 Marks.

3) Other Players may become Contestants of this Contest, also known as
Donators, by transferring to the Contest Fund, in addition to the
Entry Fee, a donation of one Mark or one Cat Food, subject to approval
by the Contestmaster. The Contestmaster may at any time expel a
Donator for conduct unworthy of a Cat-respecting Player.

4) These Regulations may be changed at any time by the consent of a
two-thirds majority of the Donators, or by the Contestmaster if there
are no Donators. The Contestmaster shall have sole authority to
conduct any deliberations and votes on proposed changes to the
Regulations.

5) The Currencies in the Contest Fund shall be at the disposal of the
Contestmaster to spend as e sees fit to further the goals of the
Contest, to wit :

   * provide a warm, caring environment for Cats bereft of their 
      Owners,
   * disseminate to Cat-Owning Players any information relevant to 
      the proper care and feeding of Cats,
   * generally promote discussion of Cats in the Agoran Community.

In particular, any Donator shall be authorized to require the
transfer of one Cat Food from the Fund to eir own Treasury, provided
this does not reduce the Fund's Cat Foods holdings to below two.  No
more than one such transfer shall be possible in any given Week, and
only if the requesting Player owns a Cat and is not currently the
Executor of any Entity owning a Treasury which contains at least one
Cat Food.

To replenish the Fund, the Contestmaster may at any time call for a
Collection. Donators who fail to transfer one Mark, or one Cat Food,
to the Fund within four days of the announcement of the Collection
shall no longer be authorized to draw on the Fund's Currencies.

** The "Immaculate" Regulation **

At the time this Regulation is created, one Mark is transferred from
Player Morendil to the Fund, which the Speaker at that time shall
detect and report.

Whenever a Player Goes Completely Blotto, that Player shall
detect and report the following transfers, which happen at
the time that Player Goes Completely Blotto : one Mark is
transferred from the Fund to the Contestmaster, immediately
after which one Mark is transferred from the Contestmaster
to the Fund. That Player is thereafter Completely Blotto
until one of the following happens :
 * that Player spends Points to erase all eir Blots;
 * the Contestmaster decides so.

If at any time and for any reason, any Player other than the
Contestmaster is not Completely Blotto, then that Player shall 
immediately Go Completely Blotto. The Contestmaster shall never
Go Completely Blotto, any part of this or any other SLC 
notwithstanding.

-[Morendil]-
Please stand by for total destruction of your planet.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Exh. C:

Comments: Authenticated sender is <morendil@mail.micronet.fr>
Date: Mon, 29 Apr 1996 22:49:13 +0100
Priority: normal
X-mailer: Pegasus Mail for Windows (v2.20)
Sender: owner-nomic-discussion@teleport.com
Reply-To: nomic-discussion@teleport.com
Precedence: bulk
From: "Laurent Bossavit" <morendil@micronet.fr>
To: nomic-discussion@teleport.com
Subject: Re: BUS: query for Morendil

Kelly sez:

> Morendil: at what time was the "Immaculate Regulation" created?  also,

At the Date: header of the message included as evidence for the
relevant CFJ (well, in fact, a couple of hours earlier, but since
the only thing that marks a clear delineation between that Reg being
an evil gleam in my eye and being "officially" added to MFO's Regs
is that same message, that'll have to serve).

> have you ever decided that a Completely Blotto Player is no longer
> Completely Blotto?

Never had to, not likely to. :)

-[Morendil]-
On a clear disk you can seek forever

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Exh. D:

Comments: Authenticated sender is <morendil@mail.micronet.fr>
Date: Mon, 29 Apr 1996 22:49:13 +0100
Priority: normal
X-mailer: Pegasus Mail for Windows (v2.20)
Sender: owner-nomic-discussion@teleport.com
Reply-To: nomic-discussion@teleport.com
Precedence: bulk
From: "Laurent Bossavit" <morendil@micronet.fr>
To: nomic-discussion@teleport.com
Subject: Re: more comments re Morendil's CFJ

Kelly sez:

> i cannot find any evidence that Morendil ever posted the Regulation
> which requires the Speaker or a "Completely Blotto" Player to report
> these transfers.  therefore, Rule 1538 would prevent _any_ Player
> (other than Morendil) from being required to abide by it--even if it
> otherwise applied to em, which it doesn't, by virtue of not being
> within the Jurisdiction of that instrument.

That text was available under the same provisions as any other SLC
or Compact - it was duly produced upon request within a period of
seven days. I even documented, to the PF, the fact that the Regs had
been modified (message follows), which any interested Player could
then have requested under FOIA. ;)

------
From:             "Laurent Bossavit" <morendil@micronet.fr>
To:               nomic-business@teleport.com
Date sent:        Sat, 20 Apr 1996 10:20:05 +0100
Subject:          BUS: Changes to Orphanage Regs
Priority:         normal
Send reply to:    nomic-discussion@teleport.com

The Regulations of the Contest known as Morendil's Feline Orphanage
have changed - regulations temp A) through temp D) have been Repealed.
;)

BTW, doesn't the Contestmaster have to send a copy of the Regs 
to someone when they change ? I can't find it anywhere in the Rules,
so for the moment I'm not going to spam the list with it...

-[Morendil]-
This tagline reserved for internal kernel use.

-[Morendil]-
Walk through doors, don't crawl through Windows.

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

     The real aliment, however, seems to me to lie in the attitude which
      was created by the World War and which dominates all our actions;
      namely, the belief that we must in peacetime so organize our whole
     life and work that in the event of war we would be sure of victory.
			      -- Albert Einstein



======================================================================
Decision of Judge Zefram:  TRUE

Kelly's analysis is exhaustive and convincing.  I see three primary
points to the argument:

(1) There can be no question that Morendil intended eir statement in
plaintiff's exhibit A to be interpreted as an accurate and complete
statement of the changes to the Regulations of Morendil's Feline
Orphanage.  Exhibits B and C, combined with the emoticon in exhibit A,
substantiate that.  Further, CFJ 827 establishes that the presumption
is generally to be that information posted to the Public Forum is
presented as correct.

(2) I agree with the plaintiff that the statement in exhibit A would be
interpreted by any reasonable Agoran as being presented as an accurate
and complete statement of the changes to the Regulations of MFO.  While
the phrasing used could, in some cases, be interpreted as merely a
vague description of, or even merely a comment upon, the Regulation
changes, I contend that such usage is primarily verbal.  Further, in
this case, a complete description would be expected; and even taking
the statement as a vague description, it omits to mention a major
feature of the changes to the Regulations.

For these reasons, I find that Morendil presented eir statement that
"regulations temp A) through temp D) have been Repealed" as correct,
within the meaning of TIA.  Further, e presented the implication that
no other changes were made at the same time as correct.

(3) Morendil's message reproduced in exhibit B is of much more rigorous
wording than exhibit A, and I therefore consider it more
authoritative.  It states, and to my mind establishes, that the changes
to the Regulations of MFO included the addition of "the Immaculate
Regulation".  I therefore find that the Regulation Amendments in
question were of the nature implied by exhibit B, in contrast to the
statement in exhibit A.

Therefore, Morendil committed the Crime of Misrepresentation on 20th
April 1996, in posting the message reproduced as exhibit A.

======================================================================
Injunction:

The Prescribed Words for Morendil's Formal Apology are:

autonomous
nomenclature
pneumonoultramicroscopicsilicovolcanoconiosis
shrubbery
sponge
wibble

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



======================================================================
Decision of Justice Steve:  FALSE

I overturn Zefram's Judgement, finding the Statement FALSE. Although
there was nothing wrong with Judge Zefram's reasoning from his
premises, I am now convinced that these premises were mistaken in
fact. However, Judge Zefram is not to be held responsible for this
error, since Morendil's statements up to the time Zefram delivered
his Judgement were ambiguous, and it is only through having sought
and obtained subsequent clarification from Morendil in the form of a
sworn affidavit in the Public Forum, that it has been possible to
resolve the ambiguity.  

Morendil's new testimony (in Exhibit E, see Evidence attached) does
not contradict any of his prior statements; it merely resolves an
ambiguity in them. Therefore we have no reason to doubt its veracity.
That testimony indicates that the Immaculate Regulation was added to
the Regulations of Morendil's Feline Orphanage only after his post to
the Public Forum announcing the deletion of the Temporary Regulations. 
Hence that post did not mislead by suggesting, as alleged, that an
amendment (the addition of the Immaculate Regulation) had not
occurred which had in fact occurred. It could not so mislead, since
the amendment in question had not yet been effected. Hence I Judge
the Statement FALSE.

Steve Gardner                     |  Some people lose their sense of
Dept. of Philosophy, Monash Uni.  |  perspective. I've lost my sense
gardner@aurora.cc.monash.edu.au   |  of scale.          -- Will Self

======================================================================
Decision of Justice ElJefe:  FALSE

I judge FALSE.

According to Morendil's chronology of events, he changed the regs
to include "the Immaculate regulation" after Message A and before 
Message B. Thus the information presented in the message to the PF 
(A) was believed by Morendil to be correct, and was in fact correct 
at the time it was sent.

I remark that Morendil's other evidence (Message D) gave the impression 
(though without explicitly stating it) that the Immaculate Regulation was 
inserted before Message A.  It claimed that Players could have used 
Rule 1064 to request the Regs (including the Immaculate one) after being 
notified (by Message A) that the Regs had changed.

This cannot have been true the first few moments moment after Message A 
was sent, because assuming Morendil's Chronology there was a gap between 
Message A and the creation of the Immaculate Regulation.  I do believe that 
it was just this phrasing in Message D that led to this CFJ.

Does Message D violate Rule 1497?  I don't believe so.  It's not a Crime
to be confused.

-----------------------------------------------------------------
Exhibit E:

From: "Laurent Bossavit" <morendil@micronet.fr>
To: nomic-business@teleport.com
Date: Mon, 13 May 1996 19:49:57 +0100
Subject: BUS: Statement on MFO's Regs

The following is the complete history of the Regulations of the
Contest known as Morendil's Feline Orphanage, hereinafter referred
to as 'MFO'.

The Contestmaster of MFO has been, continuously since the Contest's
creation, Player Morendil.

Thu, 29 Feb 1996 01:06:13 +0100
MFO is created by the posting to the Public Forum of its complete
Regulations, under the headers hereafter included as Exh. A. Its
Regulations consist of Articles 1) thru 5).

Thu, 4 Apr 1996 01:50:23 +0100 
The Regulations of MFO are amended by the posting to the Public
Forum, under the headers hereafter included as Exh. B, of four new
Regulations entitled Temp A) thru Temp D).

Sat, 20 Apr 1996 10:20:05 +0100
The Regulations of MFO are amended by the posting to the Public
Forum of the announcement of the Repeal of Regulations Temp A) thru
Temp D).

Sat, 20 Apr 1996 18:30:43 +0100
The Regulations of MFO are amended by the posting of a self-adressed
message containing the complete Regulations, including a
newly-enacted Regulation titled [** The "Immaculate" Regulation **].

The Regulations of MFO were not changed in writing at any time other 
than the dates above.


I affirm under penalty of perjury that the above statements and
representations are true.

Player Morendil


Exh. A
---
From:             "Laurent Bossavit" <morendil@micronet.fr>
To:               nomic-business@teleport.com
Date sent:        Thu, 29 Feb 1996 01:06:13 +0100
Subject:          BUS: New Contest : Morendil's Feline Orphanage
Priority:         normal
Send reply to:    nomic-discussion@teleport.com
---

Exh. B
---
From:             "Laurent Bossavit" <morendil@micronet.fr>
To:               nomic-business@teleport.com
Date sent:        Thu, 4 Apr 1996 01:50:23 +0100
Subject:          BUS: Emergency Collection
Priority:         normal
Send reply to:    nomic-discussion@teleport.com
---

Exh. C
---
From:             "Laurent Bossavit" <morendil@micronet.fr>
To:               nomic-business@teleport.com
Date sent:        Sat, 20 Apr 1996 10:20:05 +0100
Subject:          BUS: Changes to Orphanage Regs
Priority:         normal
Send reply to:    nomic-discussion@teleport.com
---

Exh. D
---
From:             "Laurent Bossavit" <morendil@micronet.fr>
To:               morendil@micronet.fr
Date sent:        Sat, 20 Apr 1996 18:30:43 +0100
Subject:          Morendil's Feline Orphanage - New Regs
Priority:         normal
---

======================================================================
Decision of Justice Chuck: FALSE

I agree with Justice Steve's reasoning, and there is little I could
add.  I would only like to note that a statement made by Morendil
in Exhibit D is misleading:

> I even documented, to the PF, the fact that the Regs had
> been modified (message follows), which any interested Player could
> then have requested under FOIA. ;)

The documentation in the PF followed the deletion of the
temporary Regs, but preceded the addition of the Immaculate
Reg; Morendil implies that the PF announcement was an
announcement of the addition of the Immaculate Reg.

However, this does not affect the Judgement.

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