Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-22 Thread Kerim Aydin

On Mon, 22 Sep 2008, Geoffrey Spear wrote:
 On Sat, Sep 20, 2008 at 4:52 PM, ais523 [EMAIL PROTECTED] wrote:
 require a detailed knowledge of how it works.) As non-Agorans are not
 even necessarily subscribed to a public forum, it seems quite possible
 that a non-Agoran could join an Agoran contract yet be unaware of the
 equity system, and therefore would not be agreeing to be bound by
 equations created as a result of it.

 Anyone who agrees to be bound by an agreement that's explicitly
 binding under the rules of Agora who doesn't read the rules of Agora
 deserves exactly what they get.  To me this sounds like a reason to
 ban non-players from being parties to contracts rather than letting
 them be parties but exempting contracts with non-player parties from
 actually being binding at all.

CFJ 1856 requires that to satisfy R101, non-players must demonstrate (to 
Agora) evidence that they have some basic understanding of the rules or 
at least presence in the fora in order for contracts to be binding to 
them (they can't give informed consent otherwise).  The judgement didn't
say what *would* be enough demonstration, but that a player telling us
that a non-Agoran friend of eirs had agreed to a contract is *not* enough.

-Goethe




Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-21 Thread Kerim Aydin

On Sat, 20 Sep 2008, comex wrote:
 On Sat, Sep 20, 2008 at 10:05 PM, Kerim Aydin [EMAIL PROTECTED] wrote:
 No, e ruled that knowingly giving implicit consent, with obvious intent
 that it be consent, was close enough to explicit that it could be
 considered explicit.

 E ruled, if we are to take eir arguments literally, that all consent
 must be willful consent (If the Rules require consent, then it should
 be interpreted to mean *willful* consent), but not necessary explicit
 (I'll start off from the point of view that consent is normally
 explicit, and force others to prove otherwise.).

This is spinning off course a bit, I was mainly pointing out that CFJ1290
already addressed the implication you gave in an early email, that some
interpretation on this CFJ could in some way be extended to allow a contract
such that I deregister would be taken to be a contract-joining action.
CFJ1290 dispelled that notion.

The current question is:
1.  If you join a contract explicitly, you are explicitly agreeing that it 
is binding under the rules agora;
2.  And the rules of agoran binding explicitly said that this could commit 
you to another contract.

So do two explicit steps make an implicit, or does it stay explicit?  At this 
point I think it was unclear enough that the fix had to be legislative,
and it was made, so I wouldn't appeal either direction at the moment.

-Goethe





Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-20 Thread comex
On Sat, Sep 20, 2008 at 6:42 PM, ais523 [EMAIL PROTECTED] wrote:
 Implicitly agreeing to a contract doesn't actually work, but one example
 would be me posting to a-b (or better, putting into the ruleset):
 {{{
 This is a contract. Any player of Agora who does not opt out of this
 contract in the next week is a party to this contract. All parties to
 this contract owe ais523 1 VP.
 }}}
 Obviously, this doesn't work, and it's a good thing this doesn't.

So, by your definition, explicit agreement to a contract is any sort
that results from a message?  That is to say, the following, if
enacted into a Rule

  Deregistering constitutes consent to join the Agoran Welcoming
  Committee.

would definitely create explicit consent, by your definition, since
any person should be aware of the rule at the time that they
deregister; but in turn, the only difference between this and your
hypothetical Rule is the fact that it requires sending a message.

Is this the line to be drawn for such a strong term as explicit?


Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-20 Thread Kerim Aydin

On Sat, 20 Sep 2008, comex wrote:
 On Sat, Sep 20, 2008 at 6:42 PM, ais523 [EMAIL PROTECTED] wrote:
 Implicitly agreeing to a contract doesn't actually work, but one example
 would be me posting to a-b (or better, putting into the ruleset):
 {{{
 This is a contract. Any player of Agora who does not opt out of this
 contract in the next week is a party to this contract. All parties to
 this contract owe ais523 1 VP.
 }}}
 Obviously, this doesn't work, and it's a good thing this doesn't.

 So, by your definition, explicit agreement to a contract is any sort
 that results from a message?  That is to say, the following, if
 enacted into a Rule

  Deregistering constitutes consent to join the Agoran Welcoming
  Committee.

 would definitely create explicit consent, by your definition, since
 any person should be aware of the rule at the time that they
 deregister; but in turn, the only difference between this and your
 hypothetical Rule is the fact that it requires sending a message.

 Is this the line to be drawn for such a strong term as explicit?

Already very well and directly (almost identically) covered in CFJ 1290.
-Goethe





Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-20 Thread Ben Caplan
On Saturday 20 September 2008 08:13:45 pm Kerim Aydin wrote:
 On Sat, 20 Sep 2008, comex wrote:
  Is this the line to be drawn for such a strong term as
  explicit?

 Already very well and directly (almost identically) covered in CFJ
 1290. -Goethe

Reading the arguments on 1290, it seems that the consent was taken as 
being self-evidently implicit and not explicit, and the controversy 
was whether the rules at the time required consent to be explicit. H. 
Judge solublefish ruled that they did not. Now, however, we do 
require explicit, willful consent, so by the nature of the 
arguments in CFJ 1290, it would be more natural to say that equations 
are (strictly, were, but let's not get our tenses too confusing) not 
automatically binding.


Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-20 Thread comex
On Sat, Sep 20, 2008 at 9:13 PM, Kerim Aydin [EMAIL PROTECTED] wrote:
 Already very well and directly (almost identically) covered in CFJ 1290.
 -Goethe

Except that in this case, Judge solublefish repeatedly calls a message
Goethe sent for the sole purpose of (possibly) joining the Agora the
Beautiful contest-- the published statement Goethe is a
yohgurt-brain had no other effect, which is more than can be said for
contracts-- implicit, and calls the situation where the message
wouldn't have an effect explicit consent.  In the end e judged TRUE,
but from eir arguments e clearly wouldn't have if Rule 1617 had
required explicit consent, as Rule 101 does.


Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-20 Thread Kerim Aydin

On Sat, 20 Sep 2008, Ben Caplan wrote:
 On Saturday 20 September 2008 08:13:45 pm Kerim Aydin wrote:
 On Sat, 20 Sep 2008, comex wrote:
 Is this the line to be drawn for such a strong term as
 explicit?

 Already very well and directly (almost identically) covered in CFJ
 1290. -Goethe

 Reading the arguments on 1290, it seems that the consent was taken as
 being self-evidently implicit and not explicit, and the controversy
 was whether the rules at the time required consent to be explicit. H.
 Judge solublefish ruled that they did not. 

No, e ruled that knowingly giving implicit consent, with obvious intent
that it be consent, was close enough to explicit that it could be
considered explicit.

It would be as if I said for the sake of art or the style of a contest,
anyone can join this contest by announcing in all-caps GOETHE HAS BLUE 
HAIR, when there's no natural reason that anyone would announce that 
otherwise.  E said, if announced *knowingly*, that that's close enough to 
explicit to *be* explicit.

On the other hand, solublefish (quoting Crito) agreed that regular
game actions taken for the purpose of those actions could *not* be 
considered consent if, for example, you made a contract that said
the act of voting will be considered consent to join this contest.

solublefish was careful that knowledge was involved: consent was given
in that case because in context I specifically, in reference to a contest,
posted messages that, while withholding explicit consent, referred to 
the contest and was far more like the BLUE HAIR example than the voting
example, basically, with full knowledge, daring the contestmaster to 
consider me a member of the contest.  If someone else had posted similar
messages without reference to the contest and in other contexts, it
probably wouldn't have resulted in consent.

-Goethe





Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-20 Thread Ian Kelly
On Sat, Sep 20, 2008 at 7:13 PM, Kerim Aydin [EMAIL PROTECTED] wrote:

 On Sat, 20 Sep 2008, comex wrote:
 On Sat, Sep 20, 2008 at 6:42 PM, ais523 [EMAIL PROTECTED] wrote:
 Implicitly agreeing to a contract doesn't actually work, but one example
 would be me posting to a-b (or better, putting into the ruleset):
 {{{
 This is a contract. Any player of Agora who does not opt out of this
 contract in the next week is a party to this contract. All parties to
 this contract owe ais523 1 VP.
 }}}
 Obviously, this doesn't work, and it's a good thing this doesn't.

 So, by your definition, explicit agreement to a contract is any sort
 that results from a message?  That is to say, the following, if
 enacted into a Rule

  Deregistering constitutes consent to join the Agoran Welcoming
  Committee.

 would definitely create explicit consent, by your definition, since
 any person should be aware of the rule at the time that they
 deregister; but in turn, the only difference between this and your
 hypothetical Rule is the fact that it requires sending a message.

 Is this the line to be drawn for such a strong term as explicit?

 Already very well and directly (almost identically) covered in CFJ 1290.
 -Goethe

Don't forget CFJ 1455.

-root


Re: DIS: Re: BUS: Re: OFF: [CotC] CFJ 2101 assigned to ais523

2008-09-20 Thread comex
On Sat, Sep 20, 2008 at 10:05 PM, Kerim Aydin [EMAIL PROTECTED] wrote:
 No, e ruled that knowingly giving implicit consent, with obvious intent
 that it be consent, was close enough to explicit that it could be
 considered explicit.

E ruled, if we are to take eir arguments literally, that all consent
must be willful consent (If the Rules require consent, then it should
be interpreted to mean *willful* consent), but not necessary explicit
(I'll start off from the point of view that consent is normally
explicit, and force others to prove otherwise.).

In CFJ 1455, Judge Steve wrote::

Some discussion of the relation between this Judgement and that in CFJ
1290 seems warranted. The facts in that case, very briefly, were that
the Regulations of the Agora the Beautiful (AtB) Contest claimed, among
other things, that any insult to the intelligence or character of a
player implied consent to join the Contest. Goethe then posted a number
of such insults (e.g. Blob is a doo-doo head.). Judge solublefish
ruled, with misgivings, that implied consent is possible under the
Rules, and that Goethe had clearly given implied consent to join AtB.
(See Evidence 3)

...

On the other hand, in my Judgement I have given more weight to the best
interests of the game than solublefish did in CFJ 1290. As a result, I
apply a stronger test: instead of implied consent, I look for 'clear and
explicit' consent. So I am setting a new precedent. Future Judges will
have to decide for themselves what to make of it.


In other words, saying that CFJ 1290 involved explicit consent is just
silly, and in fact, CFJ 1455 seems to overturn the precedent of CFJ
1290 to the effect that Agora the Beautiful itself perhaps shouldn't
have been valid.  In any case, in CFJ 1290, it was indeed with
misgivings that Judge solublefish allowed AtB's insult trigger to
work, in a situation where only consent was required, and the
primary purpose of the message was to trigger it.  In this situation,
the R101 language is much stronger, requiring explicit, willful
consent.  Surely, then, we must be just a little more-- if not much
more, by CFJ 1455-- stringent about what sort of consent is valid.

But when I attempt to join a contract, the primary purpose of my
message is definitely not to agree to join equations.  In fact, you
may have the reasonable expectation that you will be able to refuse
any equity judgements that you disagree with.  Explicit, willful
consent?  We are being far less stringent.

As an unrelated issue, I would also like ais523 to opine on whether I
can *take back* my former consent, or, in fact, refuse explicitly.
The absence of a person's explicit, willful consent shall be
considered a refusal; if you oblige the interpretation that implicit
consent is, in fact, explicit, then my silence does not create an
implicit refusal.  But what if I explicitly refuse?

Therefore I do urge all players to support my intent to appeal.