Dear Ian, <snip> > OK, so that is a hypothetical future, in that > no merchant has a gold rating at this time?
None yet. Some soon, I hope. There are several methods to achieve higher rankings. They are discussed in the constitution of the GDCA. > Certainly the notion that the GDCA underwrites > recovery of merchant fraud bears analysis, as > one would need to look at reserves, etc. But, > not an issue until it arises. Reserves available in the treasury for this purpose will be public information. > > > Who owns / controls the GDCA? The GDCA is a for-profit company incorporated in Panama. I am a minority shareholder and vice president. Management decisions are made by the officers, headed by the president, subject to the guidelines of the GDCA constitution. > Looking at the domain, it seems to be owned by a > Mr. James Bell. I'm unfamiliar with that name, > but I'm guessing that he isn't the owner. James Bell was an investor that loaned money to Gold Age and others for various projects. His role has diminished as funds have been repaid, with interest. <snip> > It offers to audit its members, but provides no > handle by which the organisation as an entity can > be audited. The GDCA offers transparancy instead of audits. Complaints and dispute resolutions are conducted by committees consisting of individuals in the e-currency arena, overseen by officers. At this time, what is there to audit? If there will be something in the GDCA that would require an audit, I see no reason why the GDCA would decline to submit to such an audit. > What we don't have is someone standing there taking > the responsibility for when it goes wrong. I.e., > who do I sue when the GDCA lists me with a chlorine > rating? Decisions regarding rankings are public information, and will be disclosed in the history field next to each company listed in the GDCA. Such decisions are not made by any one person. You can sue the GDCA, a corporate entity, in Panama. Or who is the complaint listed against when > the request for arbitration against the President is > denied by the President ... Read the constitution. If a conflict of interest exists, the specific officer is recused from participation and/or decision-making process. > > I am the president of > > the GDCA at present. Paul Vahur has indicated his > > agreement to serve as Treasurer. Simon "Sidd" > > Davis and Michael Moore are vice presidents, as is > > Ragnar. If I've left anyone out it was inadvertent. > > This info should be on the site, too! It will be. Soon. > > > How do individuals who pay 10g a year get to benefit? Individuals currently pay 4g per year. Once one becomes a member, the constitution limits the amount that membership fees can increase annually. They benefit by receiving news about ranking changes, issues in the industry, and fraud alerts. Members also may apply to participate in committees, among other benefits. > I found no mention of law in the constitution? The GDCA constitution is the law of the GDCA. The GDCA has the authority to act as a court under the constitution of the GDCA. Sometime in the future, this function may or may not be spun off from the GDCA. GDCA > might want to consult its attorney about the nature > of arbitration and other dispute resolution issues. > There are specific steps and processes involved, of > which I see none. One can see the dispute resolution rules by clicking on "disputes" button on the left hand side on the home page of the GDCA. > (For example, I love the fact that a member of the > public can be entrapped into an expensive dispute > just by whinging and whining on the complaints page...) Someone provided you with false information if they told you that dispute resolution need be expensive. There have been complaints made already. Some were resolved, others were dropped by the complainants. If you were a member, you would be able to know about the participants. > I see a lot of coercive language in the constitution! coercion implies force. The GDCA does not initiate force or fraud. > binding dispute resolution process ... failure to comply > ... fines ... non-compliance ... guilt ... The only process that gives "teeth" to the GDCA is the dispute resolution authority, and the ability to decrease points and ranking, as outlined in the constitution. This is the extent of the "force" that the GDCA has (or wants) at its disposal. > It seems to me that the DGCA walks on two big sticks > and carries a feather. As the GDCA becomes more and more popular, it will the premier site to go to for e-currency consumers to find reputable merchants. Merchants that are not reputable will find that they have less and less consumers to defraud. > What does it mean to offer binding arbitration, at the > discretion of the DGCA? Does the arbitrator make the > ruling or does the President? Does the Auditing Committee > a.k.a. investigating committee establish facts or guilt? The president guides the direction of the GDCA and supervises officers. As per the constitution, the investigating committee only establishes facts, which are then reviewed by the arbitrator or officers. > The core issue here is that - on the surface - DGCA has > not made up its mind about mediation and arbitration. A > lot of the constitution seems to belong in the rules, and > the rules need to be crafted to be arbitration rules or > mediation rules, but not both. There is a separate mediation document on the website that spells out separate rules for mediation/arbitraion. The constitution does not touch upon specific arbitration rules except the overall layout of the GDCA's authority and procedure with regard to arbitration. <snip> > Arbitration has a highly legal context. By courting > that forum, DGCA has entered the context of the courts. The GDCA does play the role of a court when it comes to arbitration, initiated via a complaint. > IANAL... But, I'd have to wonder if the DGCA has sought > legal advice on the positions it is placing itself in? The GDCA consists of knowledgeable people, experienced in business and law. > However, the GDCA does not seem to be it. It does not > inspire confidence. Give it time. > digest: send an email to [EMAIL PROTECTED] > with "set [EMAIL PROTECTED] digest=on" in the message > body ===== Regards, Ragnar Vice Pres. - GDCA - http://www.gdcaonline.org Vice Pres. - Gold Age - http://www.goldage.net editor - Liberty Impact - http://www.libertyimpact.com __________________________________ Do you Yahoo!? Yahoo! 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