Detail: http://zenith.homelinux.net/cotc/viewcase.php?cfj=2684 ============== Criminal Case 2684 (Interest Index = 1) =============== BobTHJ violated Rule 2143, a Power 1 Rule, by publishing an Anarchist's report on the 10th of September, 2009 claiming that C-walker does not own any cards from the Deck of Change. ======================================================================== Caller: Walker Barred: BobTHJ Judge: ə Judgement: GUILTY/APOLOGY ======================================================================== History: Called by Walker: 13 Sep 2009 19:34:36 GMT Defendant BobTHJ informed: 13 Sep 2009 19:34:36 GMT Assigned to ə: 15 Sep 2009 07:44:34 GMT Judged GUILTY/APOLOGY by ə: 19 Sep 2009 19:26:03 GMT ======================================================================== Caller's Arguments: For this case to be judged GUILTY, the following must be true: (a) the Accused breached the specified rule via the specified act; (b) the breach occurred within 90 days prior to the case being initiated; (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; (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. (a) is true: It is clear that BobTHJ violated R2143. The relevant paragraph reads: While performing weekly or monthly duties or publishing weekly or monthly reports, officers SHALL NOT publish information that is inaccurate or misleading. Eir Anarchist report claims that I have no Change cards, when it is clear that I most likely do. Additionally, my Card holdings are currently in dispute (subject to a CFJ) and contrary to common practice, BobTHJ's report makes no mention of this. (Claiming I had no cards was inaccurate, and making no comment about the ambiguity was misleading. Both violate the quoted paragraph from R2143.) (b) is true. (c) is true; there has been no other NoV relating to this report. (d) is true. BobTHJ is an officer for multiple offices and must know about the paragraph in the rule e violated, and e could not have reasonably believed that claiming I had no cards and making no comment in eir report about the ambiguity over my card holdings did not violate the rule. (e) is true. Therefore I recommend a judgement of GUILTY. ======================================================================== Gratuitous Arguments by BobTHJ: My report does clearly state (in the history section) that C-Walker's current holdings are in dispute. I recommend NOT GUILTY. ======================================================================== Gratuitous Arguments by BobTHJ: [regarding CFJ 2677] Based on this judgment I deny all CoEs against the most recently published Insulator's Justice report and Anarchist's Change report. Both reports were completely accurate. Furthermore I argue for NOT GUILTY in related criminal CFJs brought against me. ======================================================================== Gratuitous Arguments by Walker: I repeat my argument for GUILTY in both of these cases. While BobTHJ's reports have indirectly been found to be correct, they were still misleading in that they made no reference to the ambiguity surrounding my card ownership. ======================================================================== Judge ə's Arguments: There are five criteria for determining whether or not the Accused is GUILTY, as set out in R1504. I will address them in order. a) The question here is whether the Accused's report is to be considered inaccurate or misleading. A judge has determined in a separate case that the report was not to be considered inaccurate, therefore the question is whether or not it was misleading, even though it was 100% factually accurate. The caller submits that because eir holdings were ambiguous at the time, the report ought to be considered misleading. First, it must be noted that a statement or report does not need to be factually incorrect to be misleading, due to the implications it may have, or the presentation of the information. The Accused's report specified that c-walker had no holdings without any footnote or marker of any kind indicating that eir holdings were in dispute at the time of the report. One definition of misleading (courtesy of Wiktionary) is "Deceptive or tending to mislead or create a false impression". It is my belief that this definition is appropriate, especially given the need to consider the good of the game. It is completely inappropriate to allow recordkeepors to publish information which may or may not be factually correct without a notice, as the result is that it may self-ratify an incorrect game state. The fact that it was later decided to be correct should not be a factor in determining whether a report was misleading. Therefore I find this criterion to be satisfied. b) This is trivially satisfied. c) This is satisfied. d) The Accused indicated eir intent to publish an entry in the history section of eir report explaining that the exact outcome of the caller's audit was unknown. It is not my place to decide whether or not such a note would be sufficient to prevent the report from being misleading (I believe it would not be, because most players do not pay attention to the history section except when attempting to determine past history). However, the fact that the Accused intended to place it in eir report indicates e was aware of the situation; given this and given the ambiguity surrounding the caller's holdings at the time of the report, I do not find that the Accused could reasonably have believed publishing a report could not have violated R1504, and I find this criterion to be satisfied. e) This criterion is satisifed; the Accused could have legally published a non-misleading report. ======================================================================== Gratuitous Arguments by ə: [I] assign a judgment of APOLOGY to this case, with {monochromated, misguided, dovekie, velocimeter, surbahar, greybeards, overzealous, shiny, metal, daffodil} as the prescribed words. ======================================================================== Gratuitous Arguments by BobTHJ: Per the pledge "FINE mark 9238562364", I formally request the Servant write an apology for this case. ======================================================================== Gratuitous Arguments by BobTHJ: I hereby humbly apologize for three acts: 1. publishing a report with misleading information that led to CFJ 2684. 2. failing to apologize in a timely fashion when ordered to by the judge in this case. 3. cheating in writing this apology. Furthermore, I wish to add the following words/comments to my apology: monochromated, misguided, dovekie, velocimeter, surbahar, greybeards, overzealous, shiny, metal, daffodil And then, to ensure I meet the 200 word minimum, I wish to include the following (which I would have written by hand on a chalkboard, but copy/paste was easier): I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. I will not issue reports containing misleading information. This was my error. I feel shame and remorse at this error. I desire to improve. This constitutes my apology for CFJ 2684. ========================================================================