Detail: http://zenith.homelinux.net/cotc/viewcase.php?cfj=2776
============== Criminal Case 2776 (Interest Index = 0) ===============
Yally violated Rule 2143, a 1-power Rule, by publishing
inaccurate information in eir most recent Registrar's report,
namely that Warrigal was an inactive player.
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Caller: coppro
Barred: Yally
Judge: allispaul
Judgement:
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History:
Called by coppro: 22 Mar 2010 02:18:29 GMT
Assigned to allispaul: (as of this message)
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Caller's Arguments:
Warrigal came off hold at 2010-03-18T19:49Z in a message addressed to
the Agora Nomic Backup List, at the address
[email protected]. As described in the Accused's own
Registrar's report, that list is a public forum as it has been for most,
if not all, of Agora's long history. As a result, the message is valid.
Rule 478 includes the suggestion that "Each active player should ensure
e can receive messages via each public forum"; this recommendation
should be self-evident to any player familiar with the fact that a
message to any public forum carries equal validity.
The Accused's continued ignorance of Warrigal's registration message
indicates clearly that e is not subscribed to the Agora Nomic Backup
List, although the list of subscribers is not public. The list of
subscribers to the Agora backup list at [email protected],
however, is public, and it does not include [email protected], the
Accused's email address. It is clear, therefore, that the Accused is
only subscribed to one half of Agora's public fora.
There are 5 criteria for a GUILTY judgment, per Rule 1504. The first
three are trivial - the report WAS inaccurate, it WAS within the
previous 90 days, and there WAS not a previous judgment about this offense.
The fourth criterion is that "the Accused could not have reasonably
believed that the alleged act did not violate the specified rule". I
hold that this is indeed the case because it is unreasonable for the
Accused - an officer of Agora (and the officer responsible for fora) -
not to be subscribed to a public forum. Anyone subscribed to the forum
would have received the message and known that the report was
inaccurate; therefore it is a reasonable expectation that the Accused
know the inaccuracy of eir report.
The final criterion, that "the Accused could have reasonably avoided
committing the breach without committing a different breach of equal or
greater severity", is simple - the Accused needed only to list Warrigal
as an active player, which is hardly unreasonable.
For these reason, I hold that Yally is GUILTY and that e deserves a
stronger punishment than the norm, since e violated a self-evident
recommendation in the rules which is a particularly egregious offense
for an officer (much less the Registrar) to make.
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