On Tue, Aug 5, 2008 at 1:22 PM, Taral <[EMAIL PROTECTED]> wrote:
> On Tue, Aug 5, 2008 at 10:13 AM, comex <[EMAIL PROTECTED]> wrote:
>> Rule 1742 says: "Parties to a contract SHALL act in accordance with
>> that contract."  There is no language to the effect that non-parties
>> to a contract shall act in accordance with a contract.  Therefore,
>> although the AFO's R1742 obligation that the AFO act in accordance
>> with the AAA contract devolves onto me, the AFO has no obligation that
>> *I* act in accordance with the AAA contract.
>
> Patent nonsense. That is the essence of the term "devolve" - that
> obligations on the AFO are also obligations on you.

Not directly.  Case in point: if the AFO were obligated via a FINE to
destroy one of its notes, would every single member of its basis would
be individually obligated to also destroy one of eir notes?  The only
way I can be prosecuted is if the AFO violated the AAA agreement.
Where does it say that the AFO violated the AAA agreement, just
because my action would have done so had I been a party?

I am not a member of the AAA.  I am not treated as a member of the AAA
due to being in the AFO; you could argue that for a partnership that
allowed only me to manipulate "my" holdings, but here there is nothing
but courtesy stopping the other members of the AAA from manipulating
the holdings I transferred to it as they see fit.   Since I am not a
party to the AAA, by CFJ 1686, I categorically cannot violate the AAA
agreement.  The statement that "creating proposals or CFJs... is a
breach of this contract." is not always true; something can only be a
breach of the contract if a party to the AAA performs it.  To regulate
my PERSONAL action, the AAA must explicitly require that parties to
the AAA SHALL ensure that their bases' PERSONAL actions follow the
terms of the contract.

It could say exactly this, or it could say that harvesting a CFJ
created in such an 'evil' manner is illegal, but it does not.  Repeal
partnerships if you insist... but doing it because of this is a bit
short-sighted, because I could have made an agreement with anyone
wherein I give em all my stuff, I leave the AAA, I initiate some evil
CFJs, I join, e gives me my stuff back.  Perhaps I'd have to give a
VP, if nobody felt like doing me a favor, but that's about all the
difference it would have made.

By the way, I think it's debatable whether there is even an inequity:
everyone in the AAA has an equal chance to harvest the CFJs that I
created.

Reply via email to