On Sun, Jun 7, 2009 at 8:55 AM, Ed Murphy<emurph...@socal.rr.com> wrote:
> Detail: http://zenith.homelinux.net/cotc/viewcase.php?cfj=2545a
>
> ============================  Appeal 2545a  ============================
>
> Panelist:                               Tiger
> Decision:
>
> Panelist:                               Taral
> Decision:
>
> Panelist:                               allispaul
> Decision:
>
> ========================================================================
>
> History:
>
> Appeal initiated:                       30 May 2009 02:44:32 GMT
> Assigned to Tiger (panelist):           (as of this message)
> Assigned to Taral (panelist):           (as of this message)
> Assigned to allispaul (panelist):       (as of this message)
>
> ========================================================================
>
> Appellant Yally's Arguments:
>
> While I mostly accept Judge coppro's arguments, I do not agree entirely.
>
>
>     (d) the Accused could not have reasonably believed that the alleged
>         act did not violate the specified rule.
>
>     (e) the Accused could have reasonably avoided committing the breach
>         without committing a different breach of equal or greater
>         severity.
>
>
> At the time I submitted that report, I was fully aware of this rule but I
> also legitamately thought that I was not breaching it. From my point of
> view,
> I don't have very many options. There is a plaintext option in Gmail, but
> selecting this removes any capabilities to change fonts or fontspacing,
> meaning I am stuck with a variable width font. Even now I'm unsure how to
> satisfy both the plaintext and monospaced requirements and, without some
> help, I'll probably break this rule again.
>
> ========================================================================
>
> Detail: http://zenith.homelinux.net/cotc/viewcase.php?cfj=2545
>
> =========================  Criminal Case 2545  =========================
>
>    Yally violated Rule 2143, committing the Class-6 Crim of Making
>    My Eyes Bleed, by means of publishing eir most recent IADoP's
>    report in HTML.
>
> ========================================================================
>
> Caller:                                 ais523
> Barred:                                 Yally
>
> Judge:                                  coppro
> Judgement:                              GUILTY
>
> Appeal:                                 2545a
> Decision:                               (pending)
>
> ========================================================================
>
> History:
>
> Called by ais523:                       28 May 2009 03:11:41 GMT
> Defendant Yally informed:               28 May 2009 03:11:41 GMT
> Assigned to coppro:                     29 May 2009 21:15:39 GMT
> Judged GUILTY by coppro:                29 May 2009 23:36:58 GMT
> Appealed by Yally:                      29 May 2009 23:52:05 GMT
> Appeal 2545a:                           30 May 2009 02:44:32 GMT
>
> ========================================================================
>
> Gratuitous Arguments by ais523:
>
> R101 allows players to participate in the fora. Email format
> is not plain text either, because it has headers.
>
> ========================================================================
>
> Gratuitous Arguments by ehird:
>
> Those are officially RFC-defined email metadata, not part of the
> actual message as we speak of it.
>
> ========================================================================
>
> Gratuitous Arguments by G.:
>
> And boy, even if that's not a defense, here's one that shouldn't be
> class 6.  I mean, it shouldn't be better to publish no report at all
> instead of using HTML.  -G.
>
> ========================================================================
>
> Gratuitous Arguments by comex:
>
> does the message contain a plain-text version without
> artifacts?  (I can't check...) If so, it's absurd to punish Yally for
> including a monospaced HTML version.  In Gmail and on iPhone, a
> plaintext version would be displayed in variable width font (and it
> can't be toggled on the later). Thus the HTML copy enhances
> readability-- indeed, all officers should provide it.
>
> ========================================================================
>
> Caller's Arguments:
>
> On Wed, 2009-05-27 at 21:09 -0600, Sean Hunt wrote:
>> I publish an NoV alleging that Yally violated Rule 2143, committing the
>> Class-6 Crim of Making My Eyes Bleed, by means of publishing eir most
>> recent IADoP's report in HTML.
>>
>> I contest this NoV.
>
> I CFJ on this; the issue of whether MIME messages containing both
> plaintext and HTML are legal is a rather important one, and I think it
> should go through the courts.
>
> ========================================================================
>
> Gratuitous Arguments by Yally:
>
> Regardless of my guilt or innocence on the matter, I believe that if I am
> found guilty, it would be fundamentally unjust for any sentencing other than
> DISMISS as it is standard for gmail to use MIME and I cannot undo MIME and
> simultaneously submit reports in fixed width font.
>
> ========================================================================
>
> Judge coppro's Arguments:
>
> First, I will establish whether or not Yally is guilty.
>
> For a verdict of GUILTY, all of the conditions outlined in R1504 must be
> met.
>
>  (a) the Accused breached the specified rule via the specified act.
>
> In Yally's case, e published eir report, entitled [IADoP] Office Report,
> in both HTML and plain text through the use of a MIME multipart message.
> Rule 2143 states that
>      Reports SHALL be published in plain text.  Tabular data must
>      line up properly when viewed in a monospaced font.  Publishing
>      reports that deviate from these regulations is the Class 6 Crime
>      of Making My Eyes Bleed.
> In particular, it is not the failure to publish a plaintext report that
> is the crime; it is the publication of a non-plaintext report. The
> archives make it clear that Yally's message in fact included two
> separate reports: one in plaintext that conforms except in a trivial
> manner (in the Weekly reports section, the Promotor and Conductor lines
> are indented by one space), and one in HTML consisting of what is
> largely believed to be the same content, though I have not verified it.
> The second one is not readable plain text, which vilolates the
> regulations put forth in R2143 and thus constitues the Crime of Making
> My Eyes Bleed.
>
> As such, I find this condition satisfied.
>
>  (b) the breach occurred withing 90 days prior to the case being
>      initiated.
>
> I find this condition satisfied, no arguments necessary.
>
>  (c) judgement has not already been reached in another criminal case,
>      or punishment already applied through another uncontested notice
>      of violation, with the same Accused, the same rule, and
>      substantially the same alleged act.
>
> I find this condition satisfied, no arguments necessary.
>
>  (d) the Accused could not have reasonably believed that the alleged
>      act did not violate the specified rule.
>
> This could present a valid defense. Yally may not have been aware that
> his email client was publishing in HTML as well as plain text as the
> reports are largely indistinguishable. However, given that complaints
> had repeatedly been raised and instructions given to Yally regarding the
> delivery of emails in text form from eir specific mail client, and the
> ease by which the verification of content sent to the lists can be
> performed (see my recent test message to a-d), I find that it would have
> been reasonable for Yally to be aware that eir emails were being sent in
> multipart form.
>
> Furthermore, the fact that Yally may not have known that a multipart
> email violated the rules is immaterial. Ignorance of the law is not a
> defense except when it is genuinely unreasonable to expect the person to
> know the law - given that this rule is new, it is expected that every
> player would have read the Assessor's results posting, which includes
> the text of new rules.
>
> As such, I find this condition satisfied.
>
>  (e) the Accused could have reasonably avoided committing the breach
>      without committing a different breach of equal or greater
>      severity.
>
> The only possible more severe breach would be the Crime of Endorsing
> Forgery. There was no reason that ratification without objection needed
> to be related in the publication of any report - doubly so given that
> the most substantial part of the IADoP's report is self-ratifying.
>
> As such, I find this condition satisfied.
>
> Accordingly with my findings, I assign a judgment of GUILTY.
>
> Now, I shall assign a sentence. In considering the appropriate sentence,
> there are two vital factors to consider.
>
> The first is that Yally did not breach the spirit of the law but only
> the text. E did simultaneously publish a text-only report as specified
> by the rule, and the illegal HTML report did conform to the requirements
> specified by the rules.
>
> The second is that it would have been trivial for Yally to submit a
> report in plain text. As has been demonstrated by the numerous other
> reports, all published only in plain text (several of whom use GMail,
> though I do not know which officers, if any, normally submit messages
> through the GMail web interface); by the instructions given by root as
> to causing the GMail web interface to submit messages only in plain
> text; and by the test message to a-d I sent from the GMail web interface
> for the purpose of determining whether or not it was possible to send a
> message via that interface in plain text - the archives verify that it
> is - it is clear that it would not have been much extra effort for Yally
> to compose eir reports in plain text.
>
> As such, I feel that a compromise is warranted. While I feel that
> APOLOGY is too light a punishment for an easy-to-avoid act for which the
> ninny has repeatedly been reprimanded pending the new, legislation, 6
> Rests is far too harsh given the ninny's efforts toward conformance.
>
> As such, I set the fine for this case at 3 Rests (the minimum possible),
> having already received sufficient support, I judge SILENCE, and I spend
> C# to destroy one of Yally's Rests as 3 is still disproportionate.
>
> Court is adjourned.
>
> ========================================================================
>
> Gratuitous Arguments by woggle:
>
> I support this appeal.
>
> But, Yally should read R1504:
>>       An appeal concerning any assignment of judgment in a criminal
>>       case within the past week CAN be initiated by the accused by
>>       announcement.
> Arguments for the appeal:
> I do not agree with Yally's arguments; however, I believe the appeals
> panel should consider Pavitra's objection:
>> Sean Hunt wrote:
>>
>>> >   (a) the Accused breached the specified rule via the specified act.
>>> >
>>> > In Yally's case, e published eir report, entitled [IADoP] Office
> Report,
>>> > in both HTML and plain text through the use of a MIME multipart
> message.
>>> > Rule 2143 states that
>>> >       Reports SHALL be published in plain text.  Tabular data must
>>> >       line up properly when viewed in a monospaced font.  Publishing
>>> >       reports that deviate from these regulations is the Class 6 Crime
>>> >       of Making My Eyes Bleed.
>>> > In particular, it is not the failure to publish a plaintext report that
>>> > is the crime; it is the publication of a non-plaintext report.
>>>
>> I don't see that that interpretation necessarily follows from that text,
>> and IIRC this very point of interpretation was one of the key
>> controversies of the case. Can you explain in more detail how you
>> arrived at your reasoning?
>>
> Yally's report was plainly published in plain text as coppro even
> states. Is this really arguing that Yally published two Registrar's
> reports by publishing a multipart/alternative message, and that one of
> these reports violated the rule by not being in plain text? If so, this
> does not seem a reasonable interpretation, as the MIME pretty clearly
> marks it as exactly one message, and we have traditionally been somewhat
> allowing with message formats (e.g. multipart documents spanning
> multiple emails). If they are the same report, published simulatenously
> in HTML and plain text, then this report was plainly published in a
> plain text so Yally is NOT GUILTY because the specified act did not
> violate the rule in this case, because e did publish this report in
> plain text as required by the rule.
>
> Perhaps Yally violated the rule by publishing eir report as a multipart
> MIME message instead of as plain text, but that is not what coppro
> appears to argue and would necessitate a verdict of NOT GUILTY because
> Yally did not perform the specified act ("publishing eir most recent
> IaDOP's report in HTML").
>
> ========================================================================
>
> Gratuitous Arguments by coppro:
>
> "Publishing reports that deviate from these regulations is the Class 6
> Crime of Making My Eyes Bleed." It's very specific that the act of
> publishing a deviating report is illegal (the prior text about "Reports
> SHALL be published in plain text." is misleading; the act of committing
> a crime is in itself a separate violation - see various other rules that
> provide Crimes without otherwise specifying that the Crime is a
> violation of the rule.
>
> ========================================================================
>

Here's how not to break the rule:
(1) Compose your report in Notepad or in another fixed-width font.
(2) On the Gmail formatting bar, click "<< Plain Text" and paste in
your report.  Though it may not look right in your e-mail window, it
will look normal in the archives and break no rule.

So (e) is satisfied, and I agree with coppro's arguments on (d).
Moreover, he not only opted for the minimum punishment, but spent one
of his notes to reduce it below the minimum.  I opine AFFIRM.

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