On Fri, 23 May 2008, ihope wrote:
> On Fri, May 23, 2008 at 9:41 AM, Ed Murphy <[EMAIL PROTECTED]> wrote:
>>    R101 item i. reads: i. The map being obviously the most
>>    important rule, every person has the right to move it back up to
>>    the top of the ruleset if the Rulekeepor put it down near the
>>    bottom again.
>
> Well, i. originally read, "Every person has the privilege of doing
> what e wilt." Assuming that no one has ever explicitly-and-bindingly
> agreed to any current subset of the rules that would prevent a person
> from doing something (which I think is true, as I've been around for a
> while, at least, and I don't remember anybody agreeing to any subset
> of the rules--and the social contract rule doesn't count) and that
> changing R101 item i. is "doing what e wilt" (I see no reason to think
> otherwise, as this is a "regulated action", implying that it is in
> fact an action), the correct judgement is TRUE.
>
> I plan on actually judging this on Monday. In the meantime, maybe
> there's something I've missed.

Here's something:  comex posted a nice history of when the Rules were 
officially treated as a binding agreement, and registering was actually
considered to be akin to agreeing to a binding agreement:
http://www.agoranomic.org/cgi-bin/mailman/private/agora-discussion/2008-May/015165.html
In spite of that clause being taken out, that agreement-that-is-the-Rules 
wasn't actually terminated for persons who were members at the time,
so comex is still bound to treat the Rules as a binding agreement.

Basically, if a contract has a clause that says "this is a binding agreement
by Agora", and the clause is removed but the contract still exists, is it
still an Agoran agreement?  I think yes, I think some recent case law about
how you can and can't get out of agreements says yes, too.  (If it's replaced
with a clause that says "this isn't an Agoran agreement" that's another matter,
but that didn't happen here).

=Goethe




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