On Fri, Jun 27, 2008 at 3:25 PM, Jussi-Ville
Heiskanen
<cimonavaro(a)gmail.com> wrote:
Anthony wrote:
C'mon, Arb Com was imposed by the
incorporator, president, and board
chair of the foundation which controlled the domain name and servers
on which the project ran (the servers were actually *owned* at the
time by a corporation of which I believe Jimbo was the majority
shareholder, and which he was definitely in control of). At the time
Arb Com was imposed, Jimbo had every right to install the arbitration
committee. To say he's "not all that special" is to be incredibly
ignorant of the historical context.
Sorry but, as someone who was there
(volunteered and got appointed
to try and make a go of the mediation committee), this is spun so
far that it bears almost nil relation to the real historic record.
Jimbo did not impose the arbcom structure. He asked for volunteers
to see if a workable group could be convened that could take some
of the work he no longer had time for.
The arbcom, when it formed itself, immediately morphed into a body
that had nearly zero resemblance to what Jimbo or others had at
first described as how it should operate.
At first it did not satisfy nearly all the wishes that were hoped
it would satisfy (though it was markedly more effective than the
mediation committee I was a member of, that isn't saying much - and
this does really reflect badly on me individually). Despite this
Jimbo said that he would give it respect and support, and try very
hard to not meddle or countermand its decisions except in a very
extreme miscarriage of justice.
I honestly don't know if Jimbo ever overturned an Arbcom decision,
but positing that Jimbo instituted the Arbcom as his own creation,
is just not even close to any form of veracity.
As someone who was a named party to one of the very first arb com
cases, and who was in contact with Jimbo regarding its progress, I
must strongly disagree with you.
I'm not sure if it's worth my time to go and find an exact quote,
since you yourself have provided no evidence to support your
assertions, but when I suggested back then that the Arb Com could be
ignored, Jimbo basically said to me that my submission to the arb com
was voluntary, but that failure to submit to it would result in a
permanent ban. I asked him numerous times to look into the ruling,
and while he often responded with a promise to look into it, he never
even gave me so much as an explanation as to why he found it
justified.
You may disagree with what I say above. But what you
in fact write, does not.
Nothing you have written above contradicts a single
thing I wrote.
In fact, reluctance to second guess the arbcom
brings into relief its relative independence of Jimbo,
rather than its sub-servience to him.
Given what I
said above, I think it is obvious that "designing" a
replacement for the arbcom would be an excercise in futility.
I frankly don't even understand how that follows even if what you said
above was correct, which it isn't.
If what I wrote was incorrect, you have yet to
state which part of what I wrote specifically was
in error.
Yours,
Jussi-Ville Heiskanen