On Wed, 8 Oct 2008, Ed Murphy wrote: > Detail: http://zenith.homelinux.net/cotc/viewcase.php?cfj=2206 > > ============================== CFJ 2206 ============================== > > I transferred at least 2 Chits to the PerlNomic Partnership > today > > ========================================================================
FALSE. The act of making an announcement is the whole act of sending a message, in R478, '"A person "publishes" or "announces" something by sending a public message.' Here, the act of sending is a single act, so regardless of the rest of R478 a single announcement of an action is a single action. Of course, the process of "sending" includes multiple steps - deciding what to send, typing, etc. To treat it as a platonic and instantaneous act it is necessary to assign the legal fiction of an instant of action, regardless of evidence of the message's passage through the ether (the passage in most cases takes less time than said deciding, typing, etc.) There is nothing inconsistent in creating such a legal fiction; what would be inconsistent would be assuming that this legal fiction allows one to choose multiple points in the sending process as originating multiple messages. In fact, if we took this splitting view, why not look at the date stamp per packet which might assemble the "message" out of order entirely? Or say that "the message consists of a message sent when the first letter was typed, then a second message when the second letter was typed", etc. All of these quite simply do not follow the idea that "sending a message" is a specific, single, fully-formed communication. By the combination of R478 and precedent, we have chosen the date-stamp that is commonly displayed by email readers on non-full-header mode as the prima facie date stamp of choice, and only discard that stamp if other evidence (legally significant delays) are evident in the steps of the transfer process. In those cases another of the stamps might be chosen by a judge to be more relevant, but this is still choosing a single timestamp from among choices, not choosing all of them. -Goethe
