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BattleMaster => Case Archives => Magistrates Case Archive => Topic started by: BattleMaster Server on July 06, 2013, 01:14:02 AM

Title: Terran-D\'Hara Realm Merger
Post by: BattleMaster Server on July 06, 2013, 01:14:02 AM
Summary:Terran-D\'Hara Realm Merger
Violation:"Realm mergers are illegal."
World:Dwilight
Complainer:Colin Kern (http://battlemaster.org/UserDetails.php?ID=33539)
About:Alaster (http://battlemaster.org/UserDetails.php?ID=29042)

Full Complaint Text:


   Summary: The leader of Terran has agreed to a friendly "realm merger" with D'Hara.


   A verbatim excerpt from a letter from Pierre von Genf:



   


      Grandmaster Alaster has accepted to transfer the regions of Terran to D'Hara if and when he believed that there were no actual chance of defending them.




   As of writing this, both non-capital regions of Terran had already switched their allegiances to D'Hara, indicating that the merger is being executed as planned.



   I believe that a plan to transfer the entirety of a realm voluntarily to another realm is essentially the definition of "realm merger". According to the "Rules and Policies" page on the wiki:



   


      Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms.




   Which appears to be what is happening here. The letter goes on to state that the two realms intend to merge on friendly and pre-agreed upon terms; Terran is not "surrendering" to D'Hara.


Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 06, 2013, 01:24:38 AM
For Magistrates reading, here's precedent, I think:
http://forum.battlemaster.org/index.php/topic,3486.30.html
http://forum.battlemaster.org/index.php/topic,3396.75.html

We've actually locked dustole for this before; it appears to be his go-to tactic.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 06, 2013, 01:33:54 AM
This is a trickier case: it's not just one person switching the whole realm to another, as happened with Kabrinskia or Lurian splitoffs. Both lords switched on their own, albeit perhaps with a push (a push perhaps more by the allies than by Alaster). Maybe the lords would have switched anyways regardless of what Alaster may or may not have said... A good number of people would have.

Then, what's motivating everyone? The lords want to keep their titles, probably, and figure they have more chances to keep them in D'Hara than sticking around in Terran. Alaster probably just wants to spite Phantaria, or at least prevent the allies from using said regions against the theocracies. Pierre probably just wants to expand D'Hara. And a bunch of other actors involved in this would love to see Terran destroyed, one way or another, and peaceful (for the most part) is just easier.

This is not a case of realms joining as equals, though. Nothing will remain of Terran if this annexation goes through.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 06, 2013, 02:45:11 AM
It's tricky from the perspective of the individual lords; the line between "region changing sides" and "realm changing sides" gets hard in very small realms.

At the same time, this seems pretty cut and dry. This is clearly a collaboration between Alaster and Pierre to merge the whole realm in in a friendly fashion.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Scarlett on July 06, 2013, 02:55:17 AM
When a couple of region lords can control whether a realm 'merges' it seems like begging an exercise in sophistry to try and parse the difference between a 'friendly merger' and 'the last lords jumping ship.'
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 06, 2013, 03:18:31 AM
It's tricky from the perspective of the individual lords; the line between "region changing sides" and "realm changing sides" gets hard in very small realms.

At the same time, this seems pretty cut and dry. This is clearly a collaboration between Alaster and Pierre to merge the whole realm in in a friendly fashion.

Total eradication is friendly?

This isn't like when Luria Nova absorbed the other Lurian realms, to basically continue the Lurian Empire thing they had going, leaving everyone with their prestige and titles. D'Hara is not friendly to Terran. D'Hara doesn't want to preserve or honor Terran. And Alaster doesn't get to keep anything out of it. Honestly, I'm not even sure he'd be allowed to stay in D'Hara even if he tried. He's basically sabotaging his own realm, alone. It also isn't as if the realm is viable: he's not chosing to destroy what could have survived as an independant realm, he's simply chosing the conqueror he prefers. Remember:

Quote
Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms.

This is, in my eyes, a clear surrender, not a merger. They do not merge as even remotely equal entities. Alaster did try to get a bunch of concessions from D'Hara at first, but was plainly told that would not happen. And the Kabrinski family are hardly friends to D'Hara.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 03:23:07 AM
Were Terran and D'Hara at war before this?

Because if not, I think that the "surrender" argument is on shaky ground.

I think it's also appropriate to point out that despite their being Magistrates, Vellos and Chénier are both directly involved in this case, and thus can only speak as well-informed players.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 06, 2013, 03:30:21 AM
Were Terran and D'Hara at war before this?

Because if not, I think that the "surrender" argument is on shaky ground.

I think it's also appropriate to point out that despite their being Magistrates, Vellos and Chénier are both directly involved in this case, and thus can only speak as well-informed players.

They weren't at war, perhaps not, but their official diplomatic relations are a relic of the past. Neither Barca nor D'Hara could have expelled Terran without going through a war period with each other, and both realms had other priorities. That does not mean they were friendly, however, or that they planned on a long period of good neighboring.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 03:33:16 AM
They weren't at war, perhaps not, but their official diplomatic relations are a relic of the past. Neither Barca nor D'Hara could have expelled Terran without going through a war period with each other, and both realms had other priorities. That does not mean they were friendly, however, or that they planned on a long period of good neighboring.

If there was no real danger of being destroyed by D'Hara, then this cannot meaningfully count as a surrender.

That exception was written into the realm merger rule to permit a realm that has clearly lost an ongoing war to surrender before the foe that has defeated them, not to allow realms that aren't on the best of terms to have one give all its regions to the other just so the smaller can avoid being destroyed by a foe they dislike more.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 03:38:31 AM
Just to add something more: I have heard that there have been at least casual discussions of how D'Hara will re-found Terran out of these lands once the war is over and the brouhaha has died down.

If possible, I would like to see evidence of this. If not, I would like to see some firm denials from people who would know.

However, I would note that casual discussion of such a topic may not end up being viewed as evidence of further intent to break the realm merger rule; it may simply help clarify what is going on here. Much depends on the specifics, which is why I would like to see the messages in question.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 06, 2013, 03:44:42 AM
Letter from Pierre von Genf   (18 hours, 5 minutes ago)
Message sent to everyone in your realm (30 recipients)
Welcome to D'Hara, Lord Grayson of Gretchew.

I owe an explanation to D'Harans for your coming, for it is not a surprise to me, even though the timing is. I have held talks with Grandmaster Alaster of Terran concerning their realm's fate. As you know, it is very unlikely that Terran will survive the combined assault of Phantaria and the Farronite Republic.

Grandmaster Alaster has accepted to transfer the regions of Terran to D'Hara once if and when he believed that there were no actual chance of defending them. In exchange, he only asked that only Astroist Lords be appointed to these regions, so as to comply with his oath to the church not to leave lands in other hands, something to which I readily agreed. As such, Lord Grayson retain the rights to Gretchew within D'Hara.

The capital, of course, would eventually have to be taken by force, and the same rule would apply as to its Lords.

Which brings me to a plan I have considered for some time now. D'Hara is becoming stretched almost to the breaking point. To keep these lands, it would better to split off into an eastern realm on the islands and the Sallowcape and a Maroccidens realm comprising Paisly, Chesney and Saffalore. Both realms would be viable. Both realms would be republican. And both realms would share a constitutional monarch, King Machiavel, who would hold the single D'Haran crown. I feel this would be a great boon for nobles of both sides.

This can be done quickly if we are to take these lands. What do you say?

Pierre von Genf
Prime Minister of D'Hara
Royal of D'Hara
Priest of Sanguis Astroism



Seems pretty explicit to me.

Also, Hireshmont isn't very involved in this. He didn't even hear about it until today and isn't in either D'Hara or Terran: he's a conscientious objector in a third party realm supporting a war against Terran.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 06, 2013, 03:59:18 AM
Just to add something more: I have heard that there have been at least casual discussions of how D'Hara will re-found Terran out of these lands once the war is over and the brouhaha has died down.

If possible, I would like to see evidence of this. If not, I would like to see some firm denials from people who would know.

However, I would note that casual discussion of such a topic may not end up being viewed as evidence of further intent to break the realm merger rule; it may simply help clarify what is going on here. Much depends on the specifics, which is why I would like to see the messages in question.

It is in no way the refounding of Terran. Talks about the creation of a new joint colony in Chesney has been going on for a while between the regional leaders, but the Chateau originally had nothing to do with it and it certainly wasn't to create a new Terran. Pierre's letter refers to the addition of the Chateau to this plan, but he did not consult the other regional leaders before writing that letter, hence the !@#$storm that broke out.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Quiet One on July 06, 2013, 05:32:06 AM
I would like to submit the collective discussion, mostly ooc, from D'hara.

Quote
Letter from Pierre von Genf   (1 day, 20 hours ago)
Message sent to everyone in your realm (30 recipients)
Welcome to D'Hara, Lord Grayson of Gretchew.

I owe an explanation to D'Harans for your coming, for it is not a surprise to me, even though the timing is. I have held talks with Grandmaster Alaster of Terran concerning their realm's fate. As you know, it is very unlikely that Terran will survive the combined assault of Phantaria and the Farronite Republic.

Grandmaster Alaster has accepted to transfer the regions of Terran to D'Hara once if and when he believed that there were no actual chance of defending them. In exchange, he only asked that only Astroist Lords be appointed to these regions, so as to comply with his oath to the church not to leave lands in other hands, something to which I readily agreed. As such, Lord Grayson retain the rights to Gretchew within D'Hara.

The capital, of course, would eventually have to be taken by force, and the same rule would apply as to its Lords.

Which brings me to a plan I have considered for some time now. D'Hara is becoming stretched almost to the breaking point. To keep these lands, it would better to split off into an eastern realm on the islands and the Sallowcape and a Maroccidens realm comprising Paisly, Chesney and Saffalore. Both realms would be viable. Both realms would be republican. And both realms would share a constitutional monarch, King Machiavel, who would hold the single D'Haran crown. I feel this would be a great boon for nobles of both sides.

This can be done quickly if we are to take these lands. What do you say?
Pierre von Genf
Prime Minister of D'Hara
Royal of D'Hara
Priest of Sanguis Astroism

Letter from Rurik Clarke   (1 day, 9 hours ago)
Message sent to everyone in your realm (30 recipients)
Prime Minister,

I am opposed to accepting the regions of Terran. I am opposed to a pledge to place those regions under the lordship of any specific religion as lords are chosen by their peers based on ability. I am opposed to spiting any of D'hara's traditional lands off into another realm.

More importantly, I am opposed to your continued diplomatic policy of provoking other realms into declaring war on D'hara.

(ooc: Furthermore, such actions are not allowed to my understanding. It is a clear case of "peaceful" realm merging which is been disallowed by word of Tom.)
Rurik Clarke
Duke of Port Nebel
Margrave of Port Nebel

Out-of-Character from Pierre von Genf   (1 day, 8 hours ago)
Message sent to everyone in your realm (30 recipients)
Tom has always been clear that while merging among equals is disallowed, surrendering is clearly allowed. Terran is being soundly defeated as of now. It is normal that they would seek refuge elsewhere. I am confident that this is strictly within the rules.
Olivier landry

Out-of-Character from Rurik Clarke   (1 day, 8 hours ago)
Message sent to everyone in your realm (30 recipients)
Well, you can try painting it as a surrender, thou I am unsure how you surrender to someone who you are not in conflict with. It would be a technicality at best, which Tom is traditional fond of...
Dan Rhinehart

Out-of-Character from Kay Kinsey   (1 day, 4 hours ago)
Message sent to everyone in your realm (30 recipients)
As long as one Terran region remains, it's fine. It's a technicality but it's hard to tell where you draw the line. No one was punished when almost all of Solaria merged into Luria Nova, leaving behind a non-viable rural region in the middle of nowhere.

There would be trouble if that one last region joined D'Hara, though. You can't surrender to a federation partner. I think that's silly.
Yangfan Wang

Out-of-Character from Machiavel Chénier   (1 day, 3 hours ago)
Message sent to everyone in your realm (30 recipients)
It's vassalization... We are destroying the theocracy, eradicating the name, to put something D'Haran in its place. This is not a merger of equals. It's well within the rules.
Dominic

Out-of-Character from Rurik Clarke   (1 day, 2 hours ago)
Message sent to everyone in your realm (30 recipients)
As far as I can tell, and with what I've heard from a game dev on the issue, it is a planned peaceful realm merger. That is not allowed.

Furthermore, Dustin O. (player of the Kabrinski family) should know this better than anyone. From the Kabrinskia Realm Merger Magistrate case:
Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms.
You can't paint it as surrendering because it is not. Terran and D'hara are not enemies. You cannot take over the regions of another realm on friendly terms. The welcome and friendly take over of all the regions of a realm is not allowed.

While the Kabrinskia Realm Merger case had the issue of the "last duchy allegiance change" bug, the verdict clarifies that the bug only made mergers easier, but the policy on them is independent of the bug.

Calling it "vassalization" or "surrendering" is just a rather poor attempt to pretend that it is different from previous cases and not against the rules.

For referance, previous cases are:

Merger of Solaria and Luria Nova
forum board <Edit: Was a link to relevant case>
Verdict: Guilty with one day lock

Kabrinskia Realm Merger
forum board <Edit: Was a link to relevant case>
Verdict: Guilty with three day lock
Dan Rhinehart

Out-of-Character from Machiavel Chénier   (1 day, 1 hour ago)
Message sent to everyone in your realm (30 recipients)
I disagree, it's a total surrender. The new Terran has nothing to do with the Old Republic, the federation status is illegitimate, and we would not lift a finger to help this new Terran if they asked it. We aren't trying to preserve them under a new banner.
Dominic

Out-of-Character from Rurik Clarke   (1 day, 1 hour ago)
Message sent to everyone in your realm (30 recipients)
I will say again. You don't surrender to people who you are not fighting. Even though D'hara will need to "declare war" to take the last region, there is no conflict. It is prearranged and is a peaceful act. It is a merger.

No amount of rule lawyering will change that. And Tom's thoughts on rule lawyers should be well known and surrounded with lightning bolts.

Also, saying that D'hara would not lift a finger to help Terran is false. What do you think is happening? Offering political asylum is generally not considered a harmful act.
Dan Rhinehart

Out-of-Character from Machiavel Chénier   (1 day ago)
Message sent to everyone in your realm (29 recipients)
Right, because there was a ton of bolts given when the Lurias merged.

Oh wait...

As a magistrate, I'm telling you that I would not expect this to warrant any sanctions. Far worse has been done with no punishment.

And we aren't granting them asylum, we are profiting of an opportunity to satisfy our own expansionist ambitions. This may not be the case for your character, but a bunch of southern characters hate the idea of a theocracy in 'moot lands, and equally hate the idea of a Kabrinski in power. The Chateau would make a perfect addition for the colony that was discussed.
Dominic

Out-of-Character from Rurik Clarke   (1 day ago)
Message sent to everyone in your realm (29 recipients)
As a magistrate, I'm telling you that I would not expect this to warrant any sanctions. Far worse has been done with no punishment.

Implication: Because we won't get punished for not following this rule, we shouldn't follow the rule.
Dan Rhinehart

Out-of-Character from Machiavel Chénier   (1 day ago)
Message sent to everyone in your realm (29 recipients)
If things are not worthy of sanction or reprimand, then they are not against the rules.

Your interpretation of the no realm-merger rule is not the same as the one made by the bodies entrusted with enforcing the said rule.

There is no equal-to-equal union here, which is what is prohibited. We aren't forming an Empire where Terran basically continues to exist. We are destroying it. If their ruler prefers being destroyed by D'Haran than Phantaria, than be it. It doesn't make it against the rules. And there's nothing to say we wouldn't have declared war on them anyways once they were down to their capital.
Dominic

Out-of-Character from Rurik Clarke   (1 day ago)
Message sent to everyone in your realm (29 recipients)
To quote the interpretation of the Magistrates from the verdict of the Kabrinskia Realm Merger case:
Realm mergers as stated in the Rules and Policies does not, as originally envisioned, refer to a 'push button to join' another realm but through the welcome and friendly take over of all the regions of a realm which is not allowed. Realm mergers are only allowed if all its regions are taken over through war. This would be the meaning of 'no friendly realm mergers allowed'. Also, previously, the last duchy (with the capital) could not join another realm. This was regulated through game mechanics.

It is currently through a bug that realm mergers with the last duchy containing the capital can join another realm by 'pushing a button'. Even so, any merger of an entire realm by its original conception whether it is by by pushing a button or through the friendly takeover of all its regions outside of a war is not allowed.

Your interpretation seems to be the one which is at odds with the body entrusted with enforcing said rule.
Dan Rhinehart

Out-of-Character from Machiavel Chénier   (1 day ago)
Message sent to everyone in your realm (29 recipients)
No, it isn't. "All" includes the Chateau, which WOULD be taken through war. We aren't exploiting of a bug, like they did in Luria Nova, to do what we shouldn't be supposed to be able to do. The rule requires hostile action, which would be taken.
Dominic

Out-of-Character from Rurik Clarke   (23 hours, 52 minutes ago)
Message sent to everyone in your realm (29 recipients)
Firstly;
Realm mergers as stated in the Rules and Policies does not, as originally envisioned, refer to a 'push button to join' another realm but through the welcome and friendly take over of all the regions of a realm which is not allowed.
 
Realm mergers are only allowed if all its regions are taken over through war.

Secondly, a "war" where the "enemy" willingly hands over all but their last holding and then invites us to come and get the last one because they want us to have it is not a war. This has all been prearranged and is therefor a peaceful merger.

The rule on realm mergers existed before the bug which allowed for the Lurian merger. Without the bug, a war to take the last region would always be required. Therefor, a peaceful realm merger, during the point that the rule was written, was written with the understanding that there would be a "war".
Dan Rhinehart

Out-of-Character from Gornak Gellander   (22 hours, 58 minutes ago)
Message sent to everyone in your realm (29 recipients)
Let's cut the OOC chatter, which is ALSO discouraged on Dwilight.

If and when we take that final region, open case, Rurik. I have saved our message log from the past 2 days to provide as evidence.

So, I suggest we all drop it, and we can let the Magistrates argue about it when the time comes. No need for us to argue about it.
Eric Henson

End of conversation.
Title: Re: Terran-D\'Hara Realm Merger
Post by: egamma on July 06, 2013, 06:41:44 AM
I have the same posts as the Silent One has, saved from my message log yesterday, in case it is needed.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sarwell on July 06, 2013, 01:52:53 PM
As the "plaintiff" here, I think you know where my biases lie. That said, I present another quote from the Kabrinskia case:

Quote
It is currently through a bug that realm mergers with the last duchy containing the capital can join another realm by 'pushing a button'. Even so, any merger of an entire realm by its original conception whether it is by by pushing a button or through the friendly takeover of all its regions outside of a war is not allowed.
Gretchew, Saffalore = "pushing a button"

Chateau Saffalore = "friendly takeover outside of a war"

I would suppose - without knowing - that "war" here refers to a previously active war with IC reasons, and not just mechanics-based declarations of war, because those are always necessary to TO a region and thus "takeover outside of a war" by that definition would be impossible.
Title: Re: Terran-D\'Hara Realm Merger
Post by: vonGenf on July 06, 2013, 02:24:37 PM
There's a lot going on behind the scene, so while it's OK to show some letters I sent, don't assume that's all of them. Pierre is currently juggling different options and is not doing a very good job of it. You see the parts that fell to the ground.

To my defense, I'll say this:

-There are no plans to reform Terran from my part, at all. If there are people who have such plans, it's their business, and they'll have to work for it. I imagine it's not impossible, but it won't be part of an agreed realm merger followed by a secession.

-The letter shared is genuine concerning plans to split D'Hara, but that doesn't mean it's going to happen.

-There is no OOC concertation to achieve any realms merger. The only thing that actually happened is that two region Lords have switched allegiance for their own IC reason. Technically speaking, there is nothing I could have done about it. I could have said "no", but that may not have stopped them from doing what they did. I think there entirely within their rights.

-The anti-merger rule is meant to preclude peaceful merger. There is nothing peaceful about the current situation. Lords of Terran are being thoroughly beaten, and they try to find a way to keep their lands. I think that's entirely legit.

Finally, I would add that the rule (as I understand it) is meant to prohibit peaceful mergers because it leads to large consolidation of lands and extended periods of peace. It is very much not the case here. The situation is likely to lead to more war.

I don't think anyone could argue that Terran is in the situation it is through interaction outside of a war. War is very much the cause of their actions. Acting in a way to force involvement of a third party is a classic move, and there is no rule that says that if Terrans abandon their lands, they are obligated to abandon them to a realm they are at war with.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Frostwood on July 06, 2013, 03:48:21 PM
Quote
-The anti-merger rule is meant to preclude peaceful merger. There is nothing peaceful about the current situation. Lords of Terran are being thoroughly beaten, and they try to find a way to keep their lands. I think that's entirely legit.

It would be different if d'hara was at war with Terran.  As far as I know D'Hara has taken no sides in this.  If D'Hara was beating them then it would be legit, but they are not, Phantaria and Farronite are the ones beating them.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 06, 2013, 04:20:48 PM
I don't see surrendering to a third party to be against the rules. Terran was beaten. The writing was on the wall. The remaining nobles are leaving. Their more powerful neighbors were attacking them. Swapping allegiance to a "neutral" third party is a classic desperation move.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 04:55:33 PM
-The anti-merger rule is meant to preclude peaceful merger. There is nothing peaceful about the current situation. Lords of Terran are being thoroughly beaten, and they try to find a way to keep their lands. I think that's entirely legit.

This is absolutely a peaceful/friendly realm merger. If Terran were surrendering to the realms that are defeating it in battle, this would be acceptable. It is not. Terran is merging with a realm with which it has peaceful relations. This is not a surrender. Desperation move, yes, but only so as to deny its regions to realms it dislikes more than D'Hara. That is definitely not the intent of the rule.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Velax on July 06, 2013, 05:35:33 PM
What is the intent of the rule? What anti-fun behaviour is it intended to prevent?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 06, 2013, 06:06:53 PM
The fact that Terran was at war, and on the verge of destruction, is what makes this NOT a friendly merger. It is a couple lords fleeing a dying realm to join a third party. If you want to deny that, then what you are doing is declaring that lords are no longer allowed to leave a dying realm, that they are forced to stick it out until the end.

A friendly merger would be two realms, in the absence of any external pressure, joining together as equals to make one larger realm. That is definitely not the case here. The fragments of the realm that used to be Terran are being absorbed by D'Hara in order to escape a losing war they cannot possibly win.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Stabbity on July 06, 2013, 06:18:06 PM
I'm in agreement with Delvin on this. Talks took place between two rulers with peaceful relations, and the result of this was an attempted realm merger. Peaceful actions don't need everyone in the world to be peaceful with them. If you're playing a game with friends, and someone starts to lose and says "screw you, I'm giving all my pieces to Kepler", its not a very friendly thing to be doing. Allowing this to happen would set a dangerous precedent of behavior where every time someone fights a war, random neutral party X gets all the spoils. I just don't see it as being conducive to good game play.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 06:25:20 PM
What is the intent of the rule? What anti-fun behaviour is it intended to prevent?

My understanding of the realm merger rule is that it is intended to prevent a king from voluntarily giving up not only his kingship but his domain, which is not something a King should do.

(This applies equally to other titles of ruler.)
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 06:26:14 PM
The fact that Terran was at war, and on the verge of destruction, is what makes this NOT a friendly merger. It is a couple lords fleeing a dying realm to join a third party. If you want to deny that, then what you are doing is declaring that lords are no longer allowed to leave a dying realm, that they are forced to stick it out until the end.

That is not even a little bit true.

They are welcome to leave the dying realm. They do not, however, have any particular right to keep their regions.

Quote
A friendly merger would be two realms, in the absence of any external pressure, joining together as equals to make one larger realm. That is definitely not the case here. The fragments of the realm that used to be Terran are being absorbed by D'Hara in order to escape a losing war they cannot possibly win.

Terran is merging with a realm they are friendly with.
Title: Re: Terran-D\'Hara Realm Merger
Post by: vonGenf on July 06, 2013, 06:49:10 PM
If you're playing a game with friends, and someone starts to lose and says "screw you, I'm giving all my pieces to Kepler", its not a very friendly thing to be doing.

This would have a link to reality if, for example, dustole was leaving the game. He is not as far as I know. He is embroiled in a multi-realm war and trying as he can to achieve his objectives. The survival of Terran not being on the plate anymore, he tried to spend what he has at a discount to have something to keep fighting with. It's not friendly to his enemies, sure, which is kind of the point. It is perfectly friendly on an OOC level.
Title: Re: Terran-D\'Hara Realm Merger
Post by: vonGenf on July 06, 2013, 06:55:02 PM
They are welcome to leave the dying realm. They do not, however, have any particular right to keep their regions.

A right? No, they don't have a right, their regions may still get taken away from them. They have a right, however, to try as hard as they can within the game to keep them. No one is saying Phantaria can't invade Saffalore - the game only says that if they do so, they need to fight D'Hara now.

Which may very well be what happens.

Terran is merging with a realm they are friendly with.

Terran is not merging. Terran is disappearing. It's being wiped out. As Indirik said, there is no rule that says you must remain in a sinking ship. You take what is yours and you leave.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vita` on July 06, 2013, 07:03:30 PM
There is a difference between 1 and 2.

1. Lords, of their own volition, joining a neighboring realm when their realm is collapsing to retain their lordship.  That has happened throughout BM history and should continue.
2. Lords, under influence by their rulers, joining a neighboring realm to give a less hated realm more regions and prevent the more hated realm from conquering them. Especially when the rulers of both realms coordinated such a move with specific terms for those regions.

And hopefully without derailing this thread, I would also note that Coria-Tara seem to have undergone a similar situation as Terran-D'hara, though I don't have the same important messages to verify it, as have been reported here, or I'd have reported it. I'm interested in the verdict of this case first, as well.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 07:13:12 PM
There is a difference between 1 and 2.

1. Lords, of their own volition, joining a neighboring realm when their realm is collapsing to retain their lordship.  That has happened throughout BM history and should continue.
2. Lords, under influence by their rulers, joining a neighboring realm to give a less hated realm more regions and prevent the more hated realm from conquering them. Especially when the rulers of both realms coordinated such a move with specific terms for those regions.

This is the crucial difference.

If the ruler of Terran was still railing against his cowardly lords who abandoned the realm in its time of direst need, there would be no case here.

But he's the one who was planning this. That is what makes it a realm merger. Not the fact that lords happen to have taken their regions from a dying realm to a (more or less) neutral third party.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Scarlett on July 06, 2013, 09:45:31 PM
Quote
They do not, however, have any particular right to keep their regions.

Pardon my ignorance as I'm unclear on why this rule exists in the first place, but why does a region lord not have a right to his region?

He has more control over it than any other individual. It isn't a pie-in-the-sky title referring to an abstract concept like a realm. The Baron of Keplerville has a big estate in Keplerville and everybody in Keplerville knows him. If he says 'we are leaving this poop realm and joining this stronger realm right next door,' unless he is an absolute arse or has several knights who are not inclined to do the same thing, nobody in Keplerville is going to do much about it.

If Terran had four regions and two of them joined another realm, nobody would say anything. But when two of two regions join another realm it's a problem? What exactly is served by stopping this?

I'm not involved in any of this, I am just really surprised lately by how much effort you guys spend telling people that they can't do what they want to do when the only basis for a complaint about what's going on is a rule designed to stop big mergers rather than anyone actually able to demonstrate harm. I thought BM used to be all about hating rules lawyers.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sacha on July 06, 2013, 10:31:22 PM
*puts on flame-retardant suit*

How is this any different from Solaria handing over all but one of its regions to Luria Nova?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 06, 2013, 10:39:32 PM
*puts on flame-retardant suit*

How is this any different from Solaria handing over all but one of its regions to Luria Nova?

a) Given that that situation was, in fact, ruled as an illegal realm merger, and those involved punished, I'm not sure what this question is meant to accomplish.

b) That was actually a two-part process, with the initial merger of most of Solaria's regions into Luria Nova (sans the Duchy of Courts of Stone) being far from a total realm merger. It was only the bug that allowed Sevastian to join his Duchy with LN, despite it being the last Duchy of the realm, that caused the second stage of that to be a true realm merger.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sacha on July 06, 2013, 11:14:20 PM
Ruled when and where? I don't see any mention of it in the Courthouse forums.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 07, 2013, 04:01:53 AM
Yeah, ithe first Solaria/LN thing wasn't a total realm merger because Malus left one rural region behind. Therefore it's legit because one guy with a single rural region didn't get to go with them. But when Terran leaves a city behind, it breaks the rules.

This case is bogus. The rule prevents a "merger of equals". In what reality are Terran, a besieged dying realm of three region, and D'Hara, a thriving healthy realm of 16 regions (or so, can't check right now...) anywhere near equals? So the rulers talked about it. Big deal. Alaster said that when it was certain that they could no longer defend them, they would swap, and become D'Haran regions. Not D'Hara and Terran would merge and become the D'Haran Republic of Terra, and all of Terrans council would join D'Hara's council and they would rule the combined land forever and ever, amen.

No, it was "when we've lost, our last regions will join you and become D'Haran, Terran will be dead".

Is it IC spiteful? Hell yes. Is it OOC spiteful? Hell no. There's worse crap that goes on in this game every day. And there's absolutely no way we can start ruling on "I wouldn't do that with my friends". Because at least half the stuff I see people do is stuff you wouldn't see around a gaming table.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 07, 2013, 04:12:45 AM
Yeah, ithe first Solaria/LN thing wasn't a total realm merger because Malus left one rural region behind. Therefore it's legit because one guy with a single rural region didn't get to go with them. But when Terran leaves a city behind, it breaks the rules.

IIRC, Malus left behind a (small) Duchy, including a stronghold. And the Duke was pretty damn pissed.

Terran leaves behind a city, because it is mechanically impossible not to now that I've fixed the bug, and explicitly plans to have D'Hara conquer that city.

This is a material difference. Intent counts.

Quote
This case is bogus. The rule prevents a "merger of equals". In what reality are Terran, a besieged dying realm of three region, and D'Hara, a thriving healthy realm of 16 regions (or so, can't check right now...) anywhere near equals?

A "merger of equals" is not required to trigger the no-realm-mergers rule. Only a friendly merger.

This is planned between the rulers, it is not a surrender, and it is clearly a violation of the realm merger prohibition.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 07, 2013, 04:15:39 AM
Ruled when and where? I don't see any mention of it in the Courthouse forums.



Quote
A verdict has been reached, and necessary IG enforcement actions have been taken. For anyone who desires to cite this case in the future, the final verdict was:

"The Magistrates decline to rule on the question of realm mergers generally and the secession of capital duchies at this time, due to ongoing discussions among the Magistrates, Dev Team, and Tom. However, the cession of the last duchy of Solaria to Luria Nova and the resultant realm merger was clearly in violation of this rule. Furthermore, it was only possible due to the exploitation of a known bug. Finally, the bug exploiter can reasonably be expected to know it was a bug and that his actions were prohibited given that he took part in a discussion of the issue on the forum in the days leading up to the merger. As such, the Magistrates find him guilty, and shall apply a 1-day account lock.

Magistrates voted 1-7 in favor of the guilty verdict, with 2 in favor of a warning, 3 in favor of a 1-day lock, and 1 in favor of a 3-day lock. A 1-day lock has been applied."

This thread will remain open for a brief time to allow for any questions for clarification regarding the verdict.


http://forum.battlemaster.org/index.php/topic,3396.75.html

I'll note that the Magistrates have avoided addressing the deeper possible justifications for the rule in the past: so debates about why we should have this rule or not are probably non-starters. Personally, I think this rule is really dumb. But Magistrates don't get to make the rules.

Also, IMHO, this is different from a few lords changing regions because it's clearly orchestrated, and there's a clear intent to ease the transfer of the last region as much as is mechanically possible.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Gustav Kuriga on July 07, 2013, 04:27:20 AM
Yeah, ithe first Solaria/LN thing wasn't a total realm merger because Malus left one rural region behind. Therefore it's legit because one guy with a single rural region didn't get to go with them. But when Terran leaves a city behind, it breaks the rules.

This case is bogus. The rule prevents a "merger of equals". In what reality are Terran, a besieged dying realm of three region, and D'Hara, a thriving healthy realm of 16 regions (or so, can't check right now...) anywhere near equals? So the rulers talked about it. Big deal. Alaster said that when it was certain that they could no longer defend them, they would swap, and become D'Haran regions. Not D'Hara and Terran would merge and become the D'Haran Republic of Terra, and all of Terrans council would join D'Hara's council and they would rule the combined land forever and ever, amen.

No, it was "when we've lost, our last regions will join you and become D'Haran, Terran will be dead".

Is it IC spiteful? Hell yes. Is it OOC spiteful? Hell no. There's worse crap that goes on in this game every day. And there's absolutely no way we can start ruling on "I wouldn't do that with my friends". Because at least half the stuff I see people do is stuff you wouldn't see around a gaming table.

I'd find it OOC spiteful. And besides, the Solaria merge was found to be illegal. People were punished. So you CAN'T say it was legit. Or did you ignore that entire case?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Scarlett on July 07, 2013, 04:31:09 AM
How is it that all of you who play on this continent are meant to be impartial in the first place?

This looks like a lot of squabbling over he-said she-said. Why anybody cares about intent for a handgun of regions on a continent with as many regions as players is bizarre.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Marlboro on July 07, 2013, 04:32:14 AM
No, it was "when we've lost, our last regions will join you and become D'Haran, Terran will be dead".

Problem: There was only one fight in this war, and Terran won it.

Hell, look at Saffalore the realm. Now those are some tough characters. They're still around, even if it's probably not real comfortable, because that was a real realm that wanted (wants, even) to exist. Alaster folded preemptively. He defeated himself with his cockamamie scheme.
Title: Re: Terran-D\'Hara Realm Merger
Post by: dustole on July 07, 2013, 05:19:44 AM
There is a lot more to this in the background. Another reason this isn't a merger is because the nobles of Terran aren't staying in Dhara.  Dhara got the land for a price.  I'm not gonna go into specifics because I don't want it leaking. 
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 07, 2013, 05:39:43 AM
IIRC, Malus left behind a (small) Duchy, including a stronghold. And the Duke was pretty damn pissed.
Wasn't it a single-region duchy? The most substantial portion of the realm, pretty every region that was worth anything, which was what, >90% of the realm swapped allegiance to a friendly realm. The dregs that were left behind were so crappy the realm was essentially non-functional. This was a realm-merger, by all but the barest technicality.

Quote
Terran leaves behind a city, because it is mechanically impossible not to now that I've fixed the bug, and explicitly plans to have D'Hara conquer that city.

Quote
A "merger of equals" is not required to trigger the no-realm-mergers rule. Only a friendly merger.
"Merger of equals" is explicitly noted in the description:
"Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms."

Terran has, effectively, surrendered to Terran. They have granted all their lands, and titles to them, to D'Hara, resulting in the destruction of Terran. This is not a merger. It's spitting in Phantaria's eye, and daring them to go to war with D'Hara to get them back. (And, honestly, I'd LMAO is, as soon as Luria Nova declares war on D'Hara, if Phantaria and the Faronites did declare war on D'Hara and took them back. They totally should call the bluff.)

Quote
This is planned between the rulers, it is not a surrender, and it is clearly a violation of the realm merger prohibition.
Alaster did not propose a merger. He said that when Terran couldn't defend their regions any more, D'Hara could have them. i.e. "When we've lost, and have no hope left, we'll acknowledge defeat, and what's left of our realm will be yours." Terran is, from what I understand, getting crushed. There's no way it can last against both Phantaria and the Farronites, and no one is going to jump in to save the day.

All we have, so far as I can see, is one IC letter from Pierre explaining, in his own words, what would happen, followed by lots of OOC arguing over what does and does not comprise a friendly merger. What we don't have is any of the other letters with the discussion between the two. I don't know how you can assert that this is a friendly merger pre-arranged between the rulers, with the intent of actually merging the two realms, without seeing any of the actual exchange of letters between them. If you are going to assert that the two of them pre-arranged a merger, with the intent fo actually being a friendly merger, should we have some actual proof that this was the case? Let's trot out the letters between Alaster and Pierre, and see what actually transpired. Because all we have is Pierre stating that once Terran is obviously and clearly defeated, the remaining regions will join D'Hara. Which, to me, is perfectly legit.

I'd find it OOC spiteful.
I find a lot of things that people do in-game to be OOC spiteful. Am I now allowed to file Magistrates cases against them?

Quote
And besides, the Solaria merge was found to be illegal. People were punished. So you CAN'T say it was legit. Or did you ignore that entire case?
The second half of the process was ruled against the rules. IIRC, the part of the process where Malus absconded with all but one or two regions, which probably comprised 99% of the realm's population, food production, and gold production, was not ruled illegal. Malus took everything that was truly Solaria and merged it into Luria Nova, leaving behind a technicality.

Problem: There was only one fight in this war, and Terran won it.
So then since you're losing the war, I'll expect to see the Farronite's surrendering to Terran any day now, right?



In any case, this friendly merger rule needs some serious revising. If any rule can be interpreted by so many experienced players, in such greatly different ways, then something is definitely wrong with this rule. How can we expect the playerbase to get it right, when we can't even agree on a basic interpretation ourselves? Maybe Scarlett is right, and instead of enforcing the rules, we've turned into a bunch of rules lawyering !@#$%^&s.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Gustav Kuriga on July 07, 2013, 05:46:25 AM
Honestly I can't see how you can even interpret the rule that way, Indirik. At all.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 07, 2013, 05:51:07 AM
I can't see how anyone can interpret this as a friendly realm merger of equals.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Marlboro on July 07, 2013, 05:57:25 AM
So then since you're losing the war, I'll expect to see the Farronite's surrendering to Terran any day now, right?

Actually, we lost the battle but we won the war. Khari told Paul that Alaster threatened to commit political suicide so Paul rushed down to hand him a razor blade. My goal was never to give their lands to Phantaria but to make sure they weren't there to bite us in the ass when we went north.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Lefanis on July 07, 2013, 06:09:27 AM
Wasn't this rule added sometime after the Rines Republic and Irombro merged into Riombara, as two entities merging to give themselves a fighting chance against Eno Chia?

That's probably what lead to the "on equal terms" part of the rule. The previous two cases regarding realm mergers dealt with bug exploits, this one does not, and shall have to dealt with on the sole issue of the merger.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Quiet One on July 07, 2013, 11:23:08 AM
I can't see how anyone can interpret this as a friendly realm merger of equals.

The part were interpretation seems to be a problem is the "equals". Seeing as hierarchy is an important part of the game, it is a good place to judge what "equal" means. Well, Knights are equal in rank. As are the various lordships and dukes. It follows that rulers are equals. During a war, there is certainly inequality between the victor and the loser. But to a third party, they are still just two rulers whom are of equal rank to said third party.

Regardless of the measured strength of two realms, they are equal until one has "beaten" the other into submission. Generally speaking, you submit to the guy standing over your broken remains, not the guy watching from across the room.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Stabbity on July 07, 2013, 11:28:36 AM
Solaria was left with two regions actually, and it was very, very unfriendly.
Title: Re: Terran-D\'Hara Realm Merger
Post by: dustole on July 07, 2013, 05:02:50 PM
None if the council is getting positions in Dhara.  most of the nobles  aren't staying in Dhara.
Title: Re: Terran-D\'Hara Realm Merger
Post by: DamnTaffer on July 07, 2013, 06:57:23 PM
This is without doubt a realm merger done by players for personal gain.
Title: Re: Terran-D\'Hara Realm Merger
Post by: vonGenf on July 07, 2013, 07:05:10 PM
This is without doubt a realm merger done by players for personal gain.

Which players?
What gain?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sarwell on July 07, 2013, 09:49:24 PM
As I said on the first page, I'm the complainer here, so you should know where I stand. But I do believe that the single biggest "rules lawyering" here is from the people who say that this constitutes a "surrender". A "surrender" is, in practical terms, a concession (territorial, for example) of some sort made by party A to party B to end a conflict where party B has an advantage. It is not a concession made by party A to a neutral party C for that purpose.

And as to anyone who is still using the "it's just two lords acting on their own will" argument, read the letters again - they indicate an explicit agreement on the part of the rulers with the intent of joining the entire realm into D'Hara, and it just so happens that there are only two regions where that can be done "with the push of a button".

Speaking of which, there's the "mechanical technicality" argument that says "Well, D'Hara still has to capture one region to completely envelop Terran", which seem to seek precedent from when the capital of a realm could be ceded without a takeover. If we follow that definition, then "realm mergers" were made completely impossible after the Kabrinskia case (jeez, dustole's got a real history with these, huh?).

It's the intent that matters here, though - the letters concede that D'Hara will have to take over Chateau Saffalore manually, and that they intend to do so. Just because you can't combine realms at the push of a button any more does not mean that the intent of combining them is unimportant. I'm not a magistrate, but I would venture to say that the most important part of determining a "merger" is not the means by which it is accomplished, but whether the two realms agreed to it beforehand.
Title: Re: Terran-D\'Hara Realm Merger
Post by: dustole on July 07, 2013, 11:52:06 PM
I don't feel this is a realm merger for the simple fact that the nobles of Terran aren't going to be part of D'hara.  Even with those that switched over aren't going to stay long.   The fact that we aren't staying makes it a non merger.  Alaster is a die hard Astroist.  He serves the church before the realm. 

In this case the realm was part of the church and it came down to losing it to enemies of the church or giving it to those who are at least friendly to the church.   

weeks before the war broke out this had been discussed with the Theocratic Rulers, D'hara's Ruler, other trusted nobles and most of Terran.  Not once was it brought up that this might be a realm merger.  My understanding of the rules was that this would not be a merger. 

My other case should have no bearing on this one as the situations aren't related.


As I understand it, the only thing that made the Solaria/Luria Merger not legitamate is that there was a bug that allowed him to take the capitol with him.  In this case, the capitol has not changed hands.  If D'hara wants it they are going to have to occupy the city.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 08, 2013, 12:35:02 AM
As I understand it, the only thing that made the Solaria/Luria Merger not legitamate is that there was a bug that allowed him to take the capitol with him.  In this case, the capitol has not changed hands.  If D'hara wants it they are going to have to occupy the city.

By that logic, when the code is working properly, it would be impossible to accomplish an illegal realm merger, and thus the rule against them would be unnecessary.

This is not the case. The rule is not, "You may not press a button to peacefully bring the last region of a realm into another realm." The rule is, "You may not peacefully merge two realms."

It should be obvious that, when the code is working properly, it is always necessary to either declare war to conquer the capital (or other last region), or somehow induce it to revolt to your realm.

There is some validity in the question of whether this is an illegal realm merger versus a surrender. There is absolutely no validity in the argument that "we have to declare war to conquer the last region, so it can't be a peaceful realm merger," and you should frankly know better than that, Dustin.
Title: Re: Terran-D\'Hara Realm Merger
Post by: dustole on July 08, 2013, 01:33:01 AM
I would like to point out one thing else...


"Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms. "



 It says right there that realms may surrender to another including the annihilation of their lands.  They may not merge as equals.   Show me where there is any equality.  Will the Dukes retain their titles?  Will the Ruler?  How about Judge, General or Banker?  How many nobles of Terran will even stay in D'hara?   

Everyone points to the rule and says realms may not merge on friendly terms.   That is not what the rule says.  The rule says they may not merge as equals.  There is nothing equal about this process.  Show me who is gaining by this other than D'hara...
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 08, 2013, 01:45:14 AM
I would like to point out one thing else...


"Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms. "

Like I said, I do believe there is some question as to whether this is applicable in this case. I believe that the answer is, "Yes, it still qualifies as an illegal realm merger," but I do acknowledge that reasonable people could find the opposite to be the answer.

There is absolutely no question whatsoever as to whether the fact that D'Hara must conquer the last region of Terran makes this a realm merger. That is utterly preposterous, and just a few minutes' thought about the implications of it could have quite easily shown that.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 08, 2013, 02:36:43 AM
My understanding of the realm merger rule is that it is intended to prevent a king from voluntarily giving up not only his kingship but his domain, which is not something a King should do.

(This applies equally to other titles of ruler.)

He isn't voluntarily giving it up. Had Terran not been under threat of destruction, he'd never have even sought it probably. He's not choosing to die, he's just choosing who to die to.

That is not even a little bit true.

They are welcome to leave the dying realm. They do not, however, have any particular right to keep their regions.

Terran is merging with a realm they are friendly with.

So it's against the rules to try to keep their regions? But it's against the rules for rulers to accept not keeping their domains? This is inconsistent, and I thus completely disagree with your take.

And D'Hara and Terran are NOT friendly. Not being at war doesn't mean they are friends.

This is planned between the rulers, it is not a surrender, and it is clearly a violation of the realm merger prohibition.

How is this NOT a surrender?

I'd find it OOC spiteful. And besides, the Solaria merge was found to be illegal. People were punished. So you CAN'T say it was legit. Or did you ignore that entire case?

Pretty sure that the move of the last region, via a bug, was what was found to be against the rules, and NOT the fact that Malus had taken the whole realm (minus an non-viable region) to Luria Nova in order to preserve the status quo of the lurian empire.

Sanguis Astroism's theocracies benefit directly from Phantaria not expanding. You didn't do this for D'Hara. You certainly didn't SURRENDER to a realm you're in a Federation with.

The Federation argument is bull!@#$. If breaking the federation with Terran didn't mean D'Hara and Barca would need to go through a war period with each other, both would long since no longer be federated with Terran. They aren't friends. D'Hara is friendlier with Farronite Republic (you know, the realm doing the destruction?) than Terran. Plenty of D'Harans are silently cheering FR's invasion of Terran.

Wasn't this rule added sometime after the Rines Republic and Irombro merged into Riombara, as two entities merging to give themselves a fighting chance against Eno Chia?

That's probably what lead to the "on equal terms" part of the rule. The previous two cases regarding realm mergers dealt with bug exploits, this one does not, and shall have to dealt with on the sole issue of the merger.

If this is the case, then it would greatly explain the rule, and its wording. It's essentially an extension of the "no strategic secession" and "no strategic capital move". Having a bunch of realms merge as equals into the realm closest to the battle front is the same kind of abuse as the other actions which are against the rules. And it's the only reasonable explanation of this rule that doesn't make it sound totally arbitrary and stupid.

The rule states that it can be legal for realms to fold into each other, though, and provides an example of how. I seriously cannot understand how anyone can claim that this is "a merger between equals".
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 08, 2013, 03:27:59 AM
This case has a precedent.

Tuchanon V, reduced to the city of Isadril through war with Perdan, "surrendered" to Caligus. The rulers of Tuchanon and Caligus conspired together to give the city of Isadril, the last city and region of the realm, to Caligus. In a maneuver timed to coincide with the refit of Perdan, Tuchanon V disbanded all the militia in the city, and all the nobles moved out. Caligus declared war and simultaneously moved in to quickly TO the city. This was specifically done to prevent Perdan from defeating the defenders and CTOing to form a new realm in Isadril. The duke of the city was reappointed by Caligus, and I believe one of Tuchanon's council members became a Caligus council member, too. All the Tuchanon nobles stayed on as Caligus nobles.

The maneuver was reported to the Titans. The decision was reached that the maneuver was not an illegal realm merger. Tuchanon had no hope of living or expanding they were facing a superior enemy, and were on the road to destruction. IIRC, the question was asked on the old DList, and the answer was something like "Well, what do you expect them to do? You want us to make them fight it out to the end?  The realm was dead. Move on."

The realm merger rule, as someone already mentioned, is intended to prevent two healthy, functional, and viable realms, from joining together *in equality* to create a realm that is the merging and fusion of the two. I.e. Asylon and FR cannot join together to form a single big ream for the purpose of attacking Astrum. It is not intended to force a realm to fight an obviously losing war to the bitter inevitable end. Nor is it intended to reserve the last few regions of the defeated realm for the conquerors. Nor is it intended to limit the choices of the nobles who may be ruling regions in that defeated realm.

The realm merger rule was specifically intended to disallow two viable, comparable, functional realms from willingly, and voluntarily, joining forces, subsuming themselves into a single greater realm consisting of the territories and nobilities of the two component realms.

This Terran/D'Haran "merger" fits neither the letter of the law, nor the spirit of the law. Period.

Edit: derp... wrong word...
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 08, 2013, 04:33:47 AM
This case has a precedent.

This is actually somewhat persuasive. Based on this Titan ruling, I am willing to change my opinion from "definitely illegal" to "on the fence."

I feel like there's a material difference in the Isadril case, but at present, I can't put it into words, so it may not be that different after all.

If I find a way to articulate it, I'll be sure to post it here :)
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 08, 2013, 04:57:25 AM
This case has a precedent.

Tuchanon V, reduced to the city of Isadril through war with Perdan, "surrendered" to Caligus. The rulers of Tuchanon and Caligus conspired together to give the city of Isadril, the last city and region of the realm, to Caligus. In a maneuver timed to coincide with the refit of Perdan, Tuchanon V disbanded all the militia in the city, and all the nobles moved out. Caligus declared war and simultaneously moved in to quickly TO the city. This was specifically done to prevent Perdan from defeating the defenders and CTOing to form a new realm in Isadril. The duke of the city was reappointed by Caligus, and I believe one of Tuchanon's council members became a Caligus council member, too. All the Tuchanon nobles stayed on as Caligus nobles.

The maneuver was reported to the Titans. The decision was reached that the maneuver was not an illegal realm merger. Tuchanon had no hope of living or expanding they were facing a superior enemy, and were on the road to destruction. IIRC, the question was asked on the old DList, and the answer was something like "Well, what do you expect them to do? You want us to make them fight it out to the end?  The realm was dead. Move on."

The realm merger rule, as someone already mentioned, is intended to prevent two healthy, functional, and viable realms, from joining together *in equality* to create a realm that is the merging and fusion of the two. I.e. Asylon and FR cannot join together to form a single big ream for the purpose of attacking Astrum. It is not intended to force a realm to fight an obviously losing war to the bitter inevitable end. Nor is it intended to reserve the last few regions of the defeated realm for the conquerors. Nor is it intended to limit the choices of the nobles who may be ruling regions in that defeated realm.

The realm merger rule was specifically intended to disallow two viable, comparable, functional realms from willingly, and voluntarily, joining forces, subsuming themselves into a single greater realm consisting of the territories and nobilities of the two component realms.

This Terran/D'Haran "merger" fits neither the letter of the law, nor the spirit of the law. Period.

Edit: derp... wrong word...

I would note that Terran's situation is not hopeless.

But beyond that, I'm happy to overturn Titan precedent if the Titans were obviously wrong: and the ruling you quote, as you've described it, seems obviously wrong to me. No realm mergers is a very, very simple rule. And asking the Magistrates to come up with a qualification for what makes two realms "equal" is a crazy big can of worms. How equal do they have to be? How friendly must they be?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Penchant on July 08, 2013, 06:33:45 AM
I would note that Terran's situation is not hopeless.

But beyond that, I'm happy to overturn Titan precedent if the Titans were obviously wrong: and the ruling you quote, as you've described it, seems obviously wrong to me. No realm mergers is a very, very simple rule. And asking the Magistrates to come up with a qualification for what makes two realms "equal" is a crazy big can of worms. How equal do they have to be? How friendly must they be?
No realm mergers may be a very simple rule and the Magistrates can decide on it elsewhere, but changing a rule to make it easier for you guys to decide is not a part this case. While the Magistrates may change the rules, unless Anaris or someone else can articulate how this case is any different, when a precedent has already been made that makes the questioned parties clearly innocent I don't know how any Magistrate could say they are being just to say this case is guilty.
My thoughts are this:

I see a lot rule lawyering trying to justify this merger. I've played the game for around a decade now, and seen a lot rules come and go, the implementation of the social contract, and read Tom's thoughts on these things. The general gist of Tom's stance is there are written rules and there is a spirit behind the rules. If you violate one or the other it doesn't matter in Tom's eyes, its a violation. Rules lawyering and petty justifications, sesrching for loop holes is stuff Tom despises, and seeing as its his game... Don't do it. If you have to justify something with some loophole in a rule, its still a violation of the rule. The guilt here is pretty clear, and it is a second offense.
Saying it doesn't fit the case due to not actually going against all the conditionals is hardly rules lawyering. Also unless I have missed it somewhere, it hasn't been said clearly what the purpose of this rule is which is the "spirit of the rule". Tom has stated before in a case (unless I am imagining things and no I am not going to cite it right now) that while the party did technically break the rule, they didn't break the spirit of the rule aka they didn't go against the reason for the rule and declared them innocent.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 08, 2013, 01:15:17 PM
Honestly, a region under a TO shouldn't be allowed to change allegiance. Seems like something you'd need actual control of the region to accomplish.

Indirik, the King of Leinster was a Petty King, on par with a Duke, and not the Royalty of England and more conventional nations.

Chenier, you're missing the point. D'hara is no Soviet Union, it is not a state hostile to Terran, has no intentions of becoming hostile to Terran, and barring the current circumstances would likely never become hostile to Terran. Which makes the analogy to Poland-Germany-USSR a poor one in comparison to Britan-France-Germany. And if you want so say fictional, well that invalidates your whole reason for posting a different analogy in the first place. If you want to go fictional well, obviously D'hara is Vermont when Babylon surrendered to it during its war with the Klingon Empire.

And who are you to say what D'Hara would or wouldn't have done?

D'Hara and Terran are NOT friends. D'Hara is, however, friends with Terran's invaders. And I dare say most D'Harans have more affinities with Phantarian than Terran. Your claim that nothing could have brought D'Hara to war against Terran is ridiculous. If it weren't for the kingdom of Saffalore occupying our forces, Alaster Kabrinski as ruler would have been more than enough causus belli.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 08, 2013, 01:18:57 PM
But beyond that, I'm happy to overturn Titan precedent if the Titans were obviously wrong: and the ruling you quote, as you've described it, seems obviously wrong to me. No realm mergers is a very, very simple rule.
Or, maybe, the problem isn't that the ruling was wrong, but that your interpretation of the rule is wrong? In fact, I think it must be, because you're trying to claim that it's a simple rule. It is anything but a simple rule, and that's part of the problem. In fact, you're still saying that the rule is "no realm mergers", when it most emphatically is NOT "no realm mergers". Precedent demonstrates, in a few cases, that this is not the case.

Here's another one: Wasn't it IVF at the end of the fifth invasion when all the lords up and switched to Enweil? (This was facilitated by the allegiance change bug, but as we've seen before, that has no bearing on the case.) Tom's reply about it: "They didn't really have a choice, as they are about to lose their only city. What else could they have done?" I believe they did then lose that city a turn or two later.

The no mergers rule is not intended to force people to play out a losing war to the last dregs. It is intended to prevent two otherwise viable, healthy realms from joining together to create a larger entity in which both of the two former realms will participate.

Quote
And asking the Magistrates to come up with a qualification for what makes two realms "equal" is a crazy big can of worms. How equal do they have to be? How friendly must they be?
I'm not asking you to make that decision. The rule and the "spirit of the rule" is asking it. But you cannot abdicate your responsibility to enforce it because you think that it's a can of worms, or that the resulting decision will be one you don't like.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 08, 2013, 01:39:18 PM
I'm saying based on the attitude displayed by your nobles and House of Lords, it wouldn't have flown. Edimilison I think said it best, I'd have to check, but "D'hara is spreading itself dangerously thin." Not to mention, doing so and taking the regions is a good way to alienate your allies, but it is a bit late for that.

Right, so now "acquiring more lands is unprofitable" equates to "we should totally always side with Terran because Alaster is the best guy ever"?

We could have easily joined with Phantaria and FR against Terran, without taking the lands ourselves. A much more realistic scenario than seeing anyone in D'Hara go "Oh, but we should totally save Alaster's realm, he's totally our FRIEND".

But you're not giving anything away to Phantaria. You're simply annexing them in the most friendliest of ways possible. You cannot simply claim "We're trying to spite our enemies. But D'hara isn't friendly, we're obviously enemies." Unless you want to claim schizophrenia. So what is it? Is Terran attempting to spite its enemies, or is D'hara an enemy?

And obviously D'hara wouldn't want to stand up to the theocracies alongside Phantaria, they'd get stomped. Realistically, baring the current conflict, a D'haran war on Terran was never going to happen. Especially not with Luria chomping at the bit to the East.

I would love to call Terran a Petty Theocracy, however its a term that really isn't applicable in Battlemaster, since it is impossible to have independent Dukes and Landholders.

We are talking about REALMS here... You know, entities made of multiple people, with multiple and sometimes conflicting agendas? And of alliances... you know, entities made up of multiple realms, with multiple and sometimes conflicting agendas?

Phantaria acting more hostile to Terran than D'Hara was doesn't mean that D'Hara wasn't hostile to Terran. Not all hostilities are out in the open, and not all hostilities are equal. They aren't even all reciprocal.

It is very possible that many Terran nobles had nothing against D'Hara, while many D'Haran nobles had much against Terran.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Stabbity on July 08, 2013, 01:48:46 PM
Right, so now "acquiring more lands is unprofitable" equates to "we should totally always side with Terran because Alaster is the best guy ever"?

We could have easily joined with Phantaria and FR against Terran, without taking the lands ourselves. A much more realistic scenario than seeing anyone in D'Hara go "Oh, but we should totally save Alaster's realm, he's totally our FRIEND".

We are talking about REALMS here... You know, entities made of multiple people, with multiple and sometimes conflicting agendas? And of alliances... you know, entities made up of multiple realms, with multiple and sometimes conflicting agendas?

Phantaria acting more hostile to Terran than D'Hara was doesn't mean that D'Hara wasn't hostile to Terran. Not all hostilities are out in the open, and not all hostilities are equal. They aren't even all reciprocal.

It is very possible that many Terran nobles had nothing against D'Hara, while many D'Haran nobles had much against Terran.

If D'hara has no interest in the lands, then why is it taking them? You should also be quite aware that there is a massive gulf of political stances between Enemy and BFFs. Nobody said D'hara is siding with Terran. That doesn't make it a non-peaceful merger, because in the context of the phrase "peaceful merger" it means without an actual state of war between the two entities (not any other damn entity on the planet, or Fissoa and Aurvandil could merge because Aurvnadil feels its has no choice and is soundly beaten by Corsanctum. That is hyperbole, just to be clear.)

The simple fact is: D'hara is not currently engaged in hostile relations with Terran. D'haran has taken no hostile actions towards Terran, and has not displayed hostile behavior. You can stew and plot and scheme and plan and have goals all day long, however there are no hostilities between the nations to speak of. None. You are attempting to create a scenario which does not exist. Hostilities on a national level consist of more than just thinking bad things about each other, or hoping you get the chance one day to takeover some of their regions, or every realm in the game would be hostile with every other realm in the game.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 08, 2013, 03:32:48 PM
I don't care about historical analogies. Fundamentally this rule exists for game balance reasons, even if the justification is in part based on Tom's interpretation of the behavior of medieval nobility. Let's focus on the case at hand and an understanding of the spirit and intent of the rule itself.

I'm not asking you to make that decision. The rule and the "spirit of the rule" is asking it. But you cannot abdicate your responsibility to enforce it because you think that it's a can of worms, or that the resulting decision will be one you don't like.

I agree with this. Our function is to interpret these rules. It will not always be easy, but we should resist any temptation to oversimplify the rules just to make our lives easier; if there are good and valid reasons to limit our interpretation then we should, but I don't think this is one of them. "Realm merge" events are relatively rare, so I do not see this as opening up anything we cannot handle.
Title: Re: Terran-D\'Hara Realm Merger
Post by: egamma on July 08, 2013, 04:45:33 PM
Offtopic (or rule-violating) posts have been mostly moved here:

http://forum.battlemaster.org/index.php/topic,4410.0.html (http://forum.battlemaster.org/index.php/topic,4410.0.html)

A reminder of the rules:
All replies need to follow these rules, or they will be moderated:

I have seen a LOT of hypotheticals and speculations. I have seen a few insults. I have seen very little NEW information.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Naidraug on July 08, 2013, 07:56:35 PM
If D'hara has no interest in the lands, then why is it taking them? You should also be quite aware that there is a massive gulf of political stances between Enemy and BFFs. Nobody said D'hara is siding with Terran. That doesn't make it a non-peaceful merger, because in the context of the phrase "peaceful merger" it means without an actual state of war between the two entities (not any other damn entity on the planet, or Fissoa and Aurvandil could merge because Aurvnadil feels its has no choice and is soundly beaten by Corsanctum. That is hyperbole, just to be clear.)

The simple fact is: D'hara is not currently engaged in hostile relations with Terran. D'haran has taken no hostile actions towards Terran, and has not displayed hostile behavior. You can stew and plot and scheme and plan and have goals all day long, however there are no hostilities between the nations to speak of. None. You are attempting to create a scenario which does not exist. Hostilities on a national level consist of more than just thinking bad things about each other, or hoping you get the chance one day to takeover some of their regions, or every realm in the game would be hostile with every other realm in the game.

Just like to add(if not pointed out already) that, officially, D'hara and Terran are part of the same federation. So they are not only allies, they are federated allies.
Title: Re: Terran-D\'Hara Realm Merger
Post by: egamma on July 08, 2013, 08:08:18 PM
Just like to add(if not pointed out already) that, officially, D'hara and Terran are part of the same federation. So they are not only allies, they are federated allies.

How is the existence of this federation relevant to the case?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vita` on July 08, 2013, 08:12:04 PM
It documents that D'hara and Terran are not hostile to one another, in game-mechanic terms.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 08, 2013, 09:07:14 PM
It documents that D'hara and Terran are not hostile to one another, in game-mechanic terms.

Neither were Caerywn and Astrum, until they were. I doubt anyone could honestly argue that they were not growing hostile to each other well before that federation was broken, however.

Particularly when it comes to federations, the game moniker is irrelevant to the true state of two realms' relationship. Because of the mandated war dec that happens when you break a federation, most realms won't attempt to adjust them to reflect the actual relationship between them and their federated partners if they start to drift apart since the consequences are highly awkward to deal with.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vita` on July 08, 2013, 09:36:15 PM
While I realize that relations are more nuanced than simple diplomatic stances, the diplomatic stances are game mechanic truth. Tom has said before that you can't pretend to be at war and likewise you can't say you're really at war with someone you're in a federation with.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 08, 2013, 10:01:24 PM
While I realize that relations are more nuanced than simple diplomatic stances, the diplomatic stances are game mechanic truth. Tom has said before that you can't pretend to be at war and likewise you can't say you're really at war with someone you're in a federation with.

So your argument is that because of the game mechanic relations between D'Hara and Terran, this has to be considered a friendly merger? I don't think I like that. By that logic, two federated realms could break their federation (thus going to war) and then the next day one could surrender to the other and merge all their regions together. Bingo bango, it was an "unfriendly" realm merger, see? "Not a violation of the rule at all! It was clearly hostile because we were at war!"

I'm certain that's not what you meant to imply, but that is the implication I would take away from accepting your line of logic in this type of case, and for obvious reasons I don't care for it.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 08, 2013, 10:02:40 PM
So your argument is that because of the game mechanic relations between D'Hara and Terran, this has to be considered a friendly merger? I don't think I like that. By that logic, two federated realms could break their federation (thus going to war) and then the next day one could surrender to the other and merge all their regions together. Bingo bango, it was an "unfriendly" realm merger, see? "Not a violation of the rule at all! It was clearly hostile because we were at war!"

I'm certain that's not what you meant to imply, but that is the implication I would take away from accepting your line of logic in this type of case, and for obvious reasons I don't care for it.

Have you heard of the term "necessary but not sufficient"?

Just because a realm merger is friendly because the realms are allied or federated does not mean that it is automatically not friendly if the realms are at war.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 08, 2013, 10:10:30 PM
Have you heard of the term "necessary but not sufficient"?

Just because a realm merger is friendly because the realms are allied or federated does not mean that it is automatically not friendly if the realms are at war.

You have a point, but I object to automatically labeling this type of thing a "friendly" realm merger based solely on the game mechanical state of relations between the realms in question. There are circumstances where game mechanics do not provide sufficient context in and of themselves to reflect the reality of a situation, as my admittedly over the top example demonstrates.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 09, 2013, 02:46:00 AM
Or, maybe, the problem isn't that the ruling was wrong, but that your interpretation of the rule is wrong? In fact, I think it must be, because you're trying to claim that it's a simple rule. It is anything but a simple rule, and that's part of the problem. In fact, you're still saying that the rule is "no realm mergers", when it most emphatically is NOT "no realm mergers". Precedent demonstrates, in a few cases, that this is not the case.

Here's another one: Wasn't it IVF at the end of the fifth invasion when all the lords up and switched to Enweil? (This was facilitated by the allegiance change bug, but as we've seen before, that has no bearing on the case.) Tom's reply about it: "They didn't really have a choice, as they are about to lose their only city. What else could they have done?" I believe they did then lose that city a turn or two later.

I have no problem with any number of lords changing allegiance. That's not what happened in Terran.

Quote
The no mergers rule is not intended to force people to play out a losing war to the last dregs. It is intended to prevent two otherwise viable, healthy realms from joining together to create a larger entity in which both of the two former realms will participate.
I'm not asking you to make that decision. The rule and the "spirit of the rule" is asking it. But you cannot abdicate your responsibility to enforce it because you think that it's a can of worms, or that the resulting decision will be one you don't like.

No, your interpretation of the rule is asking for it. What the rule demands is, in fact, what the Magistrates say it demands (or rather, what Tom allows us to say it demands). I am saying what I think it demands. Other Magistrates are free to disagree, and probably will. If we are allowed by Tom to say that the meaning of the rule is "Pigs have wings," then that is in fact the meaning of the rule (though of course that would be insane).

What I am suggesting is that Magistrates should absolutely make prudential considerations in our rulings. We've now had four realm merger cases: more than any other subject besides maybe clanning. We have an obligation to stop leaving this rule so ambiguous because it's apparently one of the most commonly-tested rules. I for one am not okay with the Magistrates voting to endorse readings of the rules that invite new and even more ambiguous, for lack of a better word, "litigation."
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 09, 2013, 02:52:10 AM
So in order to get rid of the ambiguity, you will completely change the underlying spirit and purpose of the rule. Yay for progress.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 09, 2013, 03:07:52 AM
So in order to get rid of the ambiguity, you will completely change the underlying spirit and purpose of the rule. Yay for progress.

I think it, like most BM rules, is about game balance and keeping the experience fun for players. I think sore-loser moves make things less fun and make the game imbalanced. This seems to me the general reason why mergers are disallowed. But certainly the increasingly common tactic of evading takeover by swapping to some neutral third party is annoying, and doing it at a realm-wide level orchestrated by the ruler seems just like the kind of thing the realm merger rule was created to prevent.

I don't think I'm changing the spirit or purpose of the rule. I think we're just having a disagreement about which course of action best embodies that spirit and purpose.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 09, 2013, 03:29:51 AM
I think it, like most BM rules, is about game balance and keeping the experience fun for players. I think sore-loser moves make things less fun and make the game imbalanced. This seems to me the general reason why mergers are disallowed. But certainly the increasingly common tactic of evading takeover by swapping to some neutral third party is annoying, and doing it at a realm-wide level orchestrated by the ruler seems just like the kind of thing the realm merger rule was created to prevent.

I don't think I'm changing the spirit or purpose of the rule. I think we're just having a disagreement about which course of action best embodies that spirit and purpose.

Except that none of what you're saying is, to my understanding, what the rule is intended to prevent. It's not the "No sore losers" rule. There are numerous precedents for this type of allegiance changing and/or political arrangement, some of which were listed by Indirik. On Dwilight alone I can think of three previous examples off hand, none of which were punished, or even overly controversial. If Tom thought this was a problem, he'd have made a rule about it years ago. It's no different in principle to what happened with Entai during the war between Sanguis Astroism and the League of Free Nations on Dwilight, and no one complained about that piece of political maneuvering when it went down.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 09, 2013, 03:40:34 AM
Except that none of what you're saying is, to my understanding, what the rule is intended to prevent. It's not the "No sore losers" rule. There are numerous precedents for this type of allegiance changing and/or political arrangement, some of which were listed by Indirik. On Dwilight alone I can think of three previous examples off hand, none of which were punished, or even overly controversial. If Tom thought this was a problem, he'd have made a rule about it years ago. It's no different in principle to what happened with Entai during the war between Sanguis Astroism and the League of Free Nations on Dwilight, and no one complained about that piece of political maneuvering when it went down.

Entai was at war with its neighbors: it surrendered to an enemy in war.

I have personally not witnessed very many similar cases in my time playing BM.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 09, 2013, 03:47:55 AM
It documents that D'hara and Terran are not hostile to one another, in game-mechanic terms.

Then, by game mechanic terms, there was NO MERGER, because Terran STILL EXISTS.

This argument is dumb. Was D'Hara to annex the Chateau, war would have been declared between the two states, thus, "in game-mechanic terms", they'd be hostile to each other.

And the diplomacy chart doesn't say "these two realms are friends". It states that "these two realms operate as a federation". That's not the same. Lots of people in Québec hate the rest of Canada, and lots of anglo-canadians hate the Québécois. Doesn't make Canada any less of a federation.

I have no problem with any number of lords changing allegiance. That's not what happened in Terran.

It is what happened in Terran, but isn't what happened in IVF: the ruler/duke made the switch for everyone there. In Terran, 2 lords switched to D'Hara, and the capital stayed behind. And hey, surprise!!! No sanctions or reprimands for anyone in IVF.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 09, 2013, 03:48:53 AM
Also, Anaris:

You are saying this is wrong, and yet you were among the people condemning Enweilian nobles for not ditching their non-viable realm to merge their regions with Riombara. Same measures for everyone?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 09, 2013, 03:52:33 AM
Entai was at war with its neighbors: it surrendered to an enemy in war.

I have personally not witnessed very many similar cases in my time playing BM.

I'm not sure it was. It might have only been threatened by them at the time, but we arranged it so that they effectively gave up without fighting a single battle, and Morek inherited their regions while the nobles left after disbanding all their militia in Aegir. Aegir's Deep may have outright changed allegiance, I do not recall specifically.

Everguard's last few regions changed allegiance to Averoth after we took Gelene.

Probably a solid quarter of Caerwyn's lords went over to Asylon when they decided they were fighting a hopeless cause against Astrum.

These things do happen. And up until now, they have always been dealt with IC.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 09, 2013, 03:56:33 AM
Realms die. It's normal. It's okay. To rule this as being against the rules is to make the death of realms a completely confusing grey area of what is and what isn't allowed.

The no-merger rule should ONLY apply to viable realms. It should be rephrased as a "no strategic realm mergers" for clarification, as an extension of the secession and capital move rules.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 09, 2013, 04:04:15 AM
A guilty verdict will also not remove ambiguity. It will just shift it to a different place. How many regions can flee the sinking ship? Can 3 of 5 regions run away? Only 2? If four go, who do you punish? The last one or two? All of them? What if the duke of a two-duchy realm runs, and then a couple lords follow? At what point do you say "enough is enough"? How many regions can be transferred between two peaceful realms before it's a merger? All but the last city? No more than 50%? 75%?

You cannot remove all of the ambiguity. But in the process of trying, you're going to confuse even more people.  People in losing realms will now be forced to either fight it out to the bitter end, or just give up and walk away from everything they had. You've turned their already sucky situation into an even more sucky situation from which they have no good alternative. This removes another point of conflict, that could threaten to drag other realms into the war.

While I agree with your general premise of removing the ambiguity, I disagree in the way you have chosen to do that in this case. This is a fuzzy, inexact rule. That's why there have been so many cases involving it. (Even if some, like the Tara/Coria one, are completely absurd.) But you can't (well, you can, but you shouldn't) just ignore precedent just because you think it's a bit messy, and want to clean things up a bit. You will be completely destroying the intended spirit of the rule, as well as making the situatuion overall, IMO, even worse. Yes, there have been a few cases of this lately, but there many more that weren't cases that your new interpretation will drag into the forum here.

IMNSHO, the Magistrates should rule this case in line with prior cases that have already set the precedent, and then kick this rule back to Tom/the players for it to be debated and overhauled. That's the proper way to do it, rathed than legislating from the bench and completely changing the purpose and the historical interpretation of the rule.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 09, 2013, 04:25:32 AM
Also, Anaris:

You are saying this is wrong, and yet you were among the people condemning Enweilian nobles for not ditching their non-viable realm to merge their regions with Riombara. Same measures for everyone?

a) As I have said, I am now on the fence.
b) No, actually, I'm not. I do not believe that I have ever directly advocated that particular action. At most, my character is a political ally of some who do.
c) That was (IIRC) over 2 years ago, and never actually happened (and there was never really any chance of it happening), so you're really reaching to try and tar me somehow here.
d) Can you really not leave Enweil vs Riombara—or, as the case may be, Anaris vs Chénier—out of any thread on the whole damn forum, Dominic?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 09, 2013, 04:27:36 AM
Then, by game mechanic terms, there was NO MERGER, because Terran STILL EXISTS.

This argument is dumb.

Yes, it is.

...Wait, you weren't talking about the argument you made just there? 'Cause if you were, then I'd agree with you.

Yes, of course Terran still exists. The merger hasn't been completed yet. One is not required to wait for the action to be fully carried out to begin a Magistrates case about it, especially if there is documented evidence of it being planned at the highest levels, and parts of it begun to be carried out.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 09, 2013, 04:32:14 AM
While I agree with your general premise of removing the ambiguity, I disagree in the way you have chosen to do that in this case. This is a fuzzy, inexact rule. That's why there have been so many cases involving it. (Even if some, like the Tara/Coria one, are completely absurd.) But you can't (well, you can, but you shouldn't) just ignore precedent just because you think it's a bit messy, and want to clean things up a bit. You will be completely destroying the intended spirit of the rule, as well as making the situatuion overall, IMO, even worse. Yes, there have been a few cases of this lately, but there many more that weren't cases that your new interpretation will drag into the forum here.

IMNSHO, the Magistrates should rule this case in line with prior cases that have already set the precedent, and then kick this rule back to Tom/the players for it to be debated and overhauled. That's the proper way to do it, rathed than legislating from the bench and completely changing the purpose and the historical interpretation of the rule.

I will go a step further.

Tom hates clearly spelled-out rules, that specify all cases where they apply and all cases where they don't.

You know this. I know this. We all know this. It's been true for the entire lifetime of BattleMaster. It's certainly been true for the entire lifetime of both of the quasi-judicial systems we currently have to resolve breaches of the rules and in-game disputes. So why, at this late date, are people who should totally know better still acting as if anyone should expect rules in BattleMaster to be of the type where you can read it and see every single sharp boundary line (and thus be able to carefully avoid breaking the letter of the rule, while trampling all over its spirit), rather than the type where they explain what's forbidden, but those whose duty it is to enforce the rules are expected to use common sense and real human judgement, as well as an understanding of the rule's original intent, to determine whether it has been broken or not?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 09, 2013, 06:10:13 AM
I will go a step further.

Tom hates clearly spelled-out rules, that specify all cases where they apply and all cases where they don't.

You know this. I know this. We all know this. It's been true for the entire lifetime of BattleMaster. It's certainly been true for the entire lifetime of both of the quasi-judicial systems we currently have to resolve breaches of the rules and in-game disputes. So why, at this late date, are people who should totally know better still acting as if anyone should expect rules in BattleMaster to be of the type where you can read it and see every single sharp boundary line (and thus be able to carefully avoid breaking the letter of the rule, while trampling all over its spirit), rather than the type where they explain what's forbidden, but those whose duty it is to enforce the rules are expected to use common sense and real human judgement, as well as an understanding of the rule's original intent, to determine whether it has been broken or not?

It would actually be helpful if someone remembers what that original intent was and can state it here clearly and concisely (Tom, that's your queue if you're reading this). I have a definite conception of what it was, but that's based on years of off-hand references to it on the D-list and elsewhere, and my institutional memory of Battlemaster only goes back a little over five years. I suspect much the same would be true of many of us. That might help us to put this debate back into perspective. IMO, it is being significantly muddied by arguments that stem from how people think things should be, or want them to be, rather than a true understanding of the intent of the rule. Hell, I might even be guilty of that myself, but that's why a clarification might prove useful in re-framing this issue.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Naidraug on July 09, 2013, 06:42:15 AM
Then, by game mechanic terms, there was NO MERGER, because Terran STILL EXISTS.

This argument is dumb. Was D'Hara to annex the Chateau, war would have been declared between the two states, thus, "in game-mechanic terms", they'd be hostile to each other.

And the diplomacy chart doesn't say "these two realms are friends". It states that "these two realms operate as a federation". That's not the same. Lots of people in Québec hate the rest of Canada, and lots of anglo-canadians hate the Québécois. Doesn't make Canada any less of a federation.

It is what happened in Terran, but isn't what happened in IVF: the ruler/duke made the switch for everyone there. In Terran, 2 lords switched to D'Hara, and the capital stayed behind. And hey, surprise!!! No sanctions or reprimands for anyone in IVF.

Even so, a few years ago (before magistrate), when Caligus anexated Tuch V on the EC, the rulers were punished by Tom for doing a realm merger. Even if a TO was made and war was declared. Why? Because in the end, Tuch V nobles abandoned the realm, joining Caligus, and the leaders of the realm continued as Duke. The city was left empty allowing the troops to TO the city without resistance, and at the time it was considered a peacefull realm merger.

The federation and in game mechanics here are important because both realms are not at war as many claimed here or even hostile. The distance that the realms developed could have been shown by a break of the federation when the realm became a theocracy.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 09, 2013, 12:58:09 PM
Even so, a few years ago (before magistrate), when Caligus anexated Tuch V on the EC, the rulers were punished by Tom for doing a realm merger. Even if a TO was made and war was declared. Why? Because in the end, Tuch V nobles abandoned the realm, joining Caligus, and the leaders of the realm continued as Duke. The city was left empty allowing the troops to TO the city without resistance, and at the time it was considered a peacefull realm merger.
Are you 100% sure about this? By which I mean, were you the ruler of Tuchanon? (I don't think you were...)  I can clearly recall that the merger was not ruled against the rules.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 09, 2013, 01:40:48 PM
It would actually be helpful if someone remembers what that original intent was and can state it here clearly and concisely.

I have already done so, though I'm starting to feel like people are ignoring me...
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 09, 2013, 02:36:14 PM
Even so, a few years ago (before magistrate), when Caligus anexated Tuch V on the EC, the rulers were punished by Tom for doing a realm merger. Even if a TO was made and war was declared. Why? Because in the end, Tuch V nobles abandoned the realm, joining Caligus, and the leaders of the realm continued as Duke. The city was left empty allowing the troops to TO the city without resistance, and at the time it was considered a peacefull realm merger.

The federation and in game mechanics here are important because both realms are not at war as many claimed here or even hostile. The distance that the realms developed could have been shown by a break of the federation when the realm became a theocracy.

This is directly contradicted by Indirik's account of this specific incident earlier in the thread. Were they or were they not punished for this?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on July 09, 2013, 03:49:06 PM
This is directly contradicted by Indirik's account of this specific incident earlier in the thread. Were they or were they not punished for this?

Or maybe we should recall that the Magistrates were implemented because the Titan system us untransparent, very hard to use for understanding the rules, and felt very inconsistent to many players, and so probably isn't a very good source of precedent for very debatable rules.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 09, 2013, 04:03:35 PM
Or maybe we should recall that the Magistrates were implemented because the Titan system us untransparent, very hard to use for understanding the rules, and felt very inconsistent to many players, and so probably isn't a very good source of precedent for very debatable rules.

Unless we just make up our own precedents (and rules) out of thin air, which is what you seem to want to do, we really should be keeping in mind how these rules have traditionally been interpreted and applied. There are precedents from the days of the Titans, and we have relied on them many times before now as guides to our own interpretation of the rules. This is no different beyond its apparently greater degree of controversy.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 09, 2013, 04:06:32 PM
I have already done so, though I'm starting to feel like people are ignoring me...

I went back through the thread. The only thing I found was your statement about how Kings would never willingly give up their sovereignty to other Kings. That's more of an SMA justification for the rule than anything else... Did I miss something else?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 09, 2013, 04:09:32 PM
I went back through the thread. The only thing I found was your statement about how Kings would never willingly give up their sovereignty to other Kings. That's more of an SMA justification for the rule than anything else... Did I miss something else?

No. That is Tom's original intent for the rule. To the best of my memory and understanding, everything else is a secondary justification others have come up with after the fact.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 09, 2013, 04:17:23 PM
No. That is Tom's original intent for the rule. To the best of my memory and understanding, everything else is a secondary justification others have come up with after the fact.

Well that's intriguing.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on July 09, 2013, 06:18:36 PM
No. That is Tom's original intent for the rule. To the best of my memory and understanding, everything else is a secondary justification others have come up with after the fact.
"Kings would never willingly give up their sovereignty to other Kings" Is not an intent. That is a justification, or rationalization. It is an IG/IC reasoning used to explain the existence of the rule. The intent, or purpose, of the rule is the OOC/OOG reason that the rule has been implemented. It is a purely OOC rule that was implemented for OOC gameplay/game quality purposes. It was NOT implemented to ensure proper RP on the part of rulers. After all, the assertion, that rulers wouldn't give up their sovereignty is broken all the time, whenever a ruler steps down from the throne. They are giving up their sovereignty and placing them back under the authority of someone else. i.e. they are becoming someone else's vassal, willingly.

The intent of the rule is to prevent healthy/viable realms from voluntarily/cooperatively merging into larger realms. The ability to do so would have a negative effect on gameplay.

This rule is obviously not intended to limit the options of players who's realms have been defeated, or have no hope of survival. To assume that it applies in those cases is mean-spirited, unnecessarily limits the options of the players, reduces the chance for the creation of meaningful conflict between other realms, and provides no positive benefit for the game.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on July 09, 2013, 07:39:22 PM
"Kings would never willingly give up their sovereignty to other Kings" Is not an intent. That is a justification, or rationalization. It is an IG/IC reasoning used to explain the existence of the rule. The intent, or purpose, of the rule is the OOC/OOG reason that the rule has been implemented. It is a purely OOC rule that was implemented for OOC gameplay/game quality purposes. It was NOT implemented to ensure proper RP on the part of rulers. After all, the assertion, that rulers wouldn't give up their sovereignty is broken all the time, whenever a ruler steps down from the throne. They are giving up their sovereignty and placing them back under the authority of someone else. i.e. they are becoming someone else's vassal, willingly.

The intent of the rule is to prevent healthy/viable realms from voluntarily/cooperatively merging into larger realms. The ability to do so would have a negative effect on gameplay.

This rule is obviously not intended to limit the options of players who's realms have been defeated, or have no hope of survival. To assume that it applies in those cases is mean-spirited, unnecessarily limits the options of the players, reduces the chance for the creation of meaningful conflict between other realms, and provides no positive benefit for the game.

Um...there are other rules that are implemented specifically to enforce what Tom views as proper RP. Just off the top of my head, the tournament IR, the ban on atheism in-game, and the prohibition on "duels for fun."

I don't know where you get the idea that every rule Tom has made for BattleMaster has a firm basis in OOC fun. You know perfectly well that he has strong prejudices in favour of certain RP styles, and is more than willing to enforce them on his game.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Naidraug on July 09, 2013, 08:44:48 PM
This is directly contradicted by Indirik's account of this specific incident earlier in the thread. Were they or were they not punished for this?

For what I remember, as member of the realm, there was at least a warning about the fact at the time that this should not be done.

I´m not sure if there was a locked account or not.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sarwell on July 15, 2013, 07:51:07 PM
So when do we get a verdict? Or has this case already been forgotten?
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on July 15, 2013, 08:16:05 PM
As you may have noticed, there have been a large number of cases in the past several weeks, all of which require some degree of attention while they are open so that we can participate in and moderate the resulting discussions. We are working through the backlog now. Additionally some cases have been easier to decide than others. In this particular case, there is no clear consensus among the Magistrates as to the result, so it is taking longer for us to reach a verdict than it has for some of the others.

I remind you that we are all volunteers. Discussing these cases and writing the verdicts is all done with time that we set aside out of our personal lives in order to contribute to the game and the community. We will reach a decision on this case as soon as we can.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sarwell on July 15, 2013, 09:17:15 PM
As you may have noticed, there have been a large number of cases in the past several weeks, all of which require some degree of attention while they are open so that we can participate in and moderate the resulting discussions. We are working through the backlog now. Additionally some cases have been easier to decide than others. In this particular case, there is no clear consensus among the Magistrates as to the result, so it is taking longer for us to reach a verdict than it has for some of the others.

I remind you that we are all volunteers. Discussing these cases and writing the verdicts is all done with time that we set aside out of our personal lives in order to contribute to the game and the community. We will reach a decision on this case as soon as we can.

I understand. There just hadn't been any discussion or indications that a decision was being made, so I was growing a bit wary.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Arrandal on July 15, 2013, 11:54:41 PM
From a completely outsider point of view, reading these cases to get a sense of BM. I would like to point out what I see from all the back and forth.

1. Mostly the case comes down to this, why was this rule even put in place? Answer, Because the two healthy realms of Rines and Irombro (healthy and equal) joined with Riombara in a war against another Realm - strategic move.

I think that the equal part is the most important part of the law, and not whether Rulers decided or Lords decided. If you think about the difference of 2 equal realms merging, as opposed to 2 unequal realms merging - Rulers or Lords deciding on a merger only makes a difference to the strategic fairness and balance of things, if the realms are of equal value and will ensure that the newly formed realm will in turn kick their enemies arses/win something.

In this case, the situation between Terran and D'hara, is not against the spirit of this law.

2. In the spirit of rule making on BM, whose main clause seems to be 'fight till its no longer fun', for one side or the other.

Regardless of where they switched too, making a ruling in this case in favor of punishing either Terran or D'hara, will force every single Noble to have to fight to the bitter end. This should be an unacceptable decision on the Magistrates part.

3. The question on 'well then, what makes it a merger that breaks this law?' Answer: each case will be unique, and the answer will lie in the case, not in trying to put in all possible scenario's, now. I think the first two points above should be looked at, when judging any realm merger case.
____________________

All other arguments, are as nothing  to those first 2 very important things stated above. Which looks at why the rule was made, and what precedent that set, and it looks at whether their ruling will impact on the game viability.

Terran being friends, machinating, etc, is mostly hearsay and inter-player argument, which pulls apart the rule word by word, and does not focus as it should, on the spirit and reason for the rule in the first place, and whether Terran meets those same reasons. Which if looked at, in that sense, it does not.


Title: Re: Terran-D\'Hara Realm Merger
Post by: dustole on July 16, 2013, 03:30:18 AM
But a realm is not just land.  It is land and nobles.   The nobles of Terran never intended and did not stay with D'hara.  The land was given to D'hara.  The nobles went elsewhere.   
Title: Re: Terran-D\'Hara Realm Merger
Post by: Velax on July 16, 2013, 03:34:11 AM
It really seems as though people are, deliberately or otherwise, misinterpreting the "equal entities" part of the policy. In my opinion, it does not mean the two realms must be equal in size or physical strength. It is not "One realm has 20 regions and the others only has 5, so they're not equal entities!" Merging as equal entities means one realm is not completely dominated and subsumed by the other in the merger - as would be the case with a realm taking over the last few regions of a defeated enemy. Instead the two realms merge into an entity that is something more than each was on its own, as was the case with the formation of Riombara. Each of the original realms has representation in the power structures of the new realm (the representation does not have to be exactly equal). And most importantly, it must be voluntary on both sides. If one side forces the other into it, then it is not a merger of equal entities.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on July 16, 2013, 03:53:40 AM
It really seems as though people are, deliberately or otherwise, misinterpreting the "equal entities" part of the policy. In my opinion, it does not mean the two realms must be equal in size or physical strength. It is not "One realm has 20 regions and the others only has 5, so they're not equal entities!" Merging as equal entities means one realm is not completely dominated and subsumed by the other in the merger - as would be the case with a realm taking over the last few regions of a defeated enemy. Instead the two realms merge into an entity that is something more than each was on its own, as was the case with the formation of Riombara. Each of the original realms has representation in the power structures of the new realm (the representation does not have to be exactly equal). And most importantly, it must be voluntary on both sides. If one side forces the other into it, then it is not a merger of equal entities.

This is all a complicated wording, though. I propose a far simpler interpretation:

The no realm merger rule is an extension of the no strategic secession and no strategic capital move rules. It is essentially a "no strategic realm merger" rule, stating that realms cannot merge together for the sole purpose of having a military or administrative advantage.

Because that's what brought the rule: the two realms that formed Riombara did so to better fight a common enemy.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Arrandal on July 16, 2013, 07:58:23 PM
What Chenier said, and what I said...
Title: Re: Terran-D\'Hara Realm Merger
Post by: Velax on August 03, 2013, 10:26:23 AM
Any verdict updates?
Title: Re: Terran-D\'Hara Realm Merger
Post by: egamma on August 03, 2013, 05:22:16 PM
Terran's last region defected to D'Hara automatically, and D'Hara (me) did not send the starving region any food, and the region went rogue.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Chenier on August 03, 2013, 05:41:11 PM
The verdict is not-guilty... There just isn't any clear consensus on how the word the verdict. Different people cited different reasons for their verdict vote.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Anaris on August 03, 2013, 08:01:54 PM
So do it like the US Supreme Court: have the plurality be the official verdict, and have the rest who vote the same way but for different reasons write a "concurring opinion" that gets posted at the same time.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on August 04, 2013, 09:32:21 AM
So do it like the US Supreme Court: have the plurality be the official verdict, and have the rest who vote the same way but for different reasons write a "concurring opinion" that gets posted at the same time.

That would work, but only if other people are willing to write up opinions  :(

I apologize to all for how long this case has taken to settle. A combination of the fact that I have been busy and a lack of consensus about the verdict has made it difficult to wrap this up. Really, most of the problem is that I am the only one writing verdicts these days since Vellos got busy IRL and Fury quit, and I only have so much time.

I will write this verdict and the other outstanding one tomorrow, and then we'll be clear of cases... For now.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on August 04, 2013, 05:28:44 PM
I think it's a horrible idea. We need more clear decisions and precedents, not more wishy-washy weaseling. If the Magistrates disagree, then they need to hash it out in private, and post a single unified decision. The *last* thing we need is to set up some kind of minority, or dissenting opinion that contradicts or disagrees with the verdict, and allows those involved some way to consider even a losing position to be the correct one. We don't even need some kind of alternate interpretation of why the decision was correct, but the reasoning wrong. That's just more weaseling and rationalization.

Come to a decision, write the verdict, and be done with it.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on August 04, 2013, 05:55:17 PM
I think it's a horrible idea. We need more clear decisions and precedents, not more wishy-washy weaseling. If the Magistrates disagree, then they need to hash it out in private, and post a single unified decision. The *last* thing we need is to set up some kind of minority, or dissenting opinion that contradicts or disagrees with the verdict, and allows those involved some way to consider even a losing position to be the correct one. We don't even need some kind of alternate interpretation of why the decision was correct, but the reasoning wrong. That's just more weaseling and rationalization.

Come to a decision, write the verdict, and be done with it.

You're going to get a verdict, but since I'm the one who will write it, it's going to be largely my opinion. It will be posted for the other Magistrates to review before it winds up here, so if there's any major disagreement it will come out then and the verdict can be modified before it's finalized, but in all honesty it will probably reflect my views more than anyone else's. I doubt the other Magistrates are going to have lengthy objections for me to take into account.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Vellos on August 04, 2013, 07:55:32 PM
We've discussed and rejected "concurring opinions" before. They've happened informally a few times but we've generally felt they confuse (dissents as well) more than they help.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Geronus on August 05, 2013, 05:08:25 AM
The proposed verdict has been posted in the Backroom. Barring substantial objections, it will be posted here within a day or two.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sacha on August 15, 2013, 03:56:14 PM
Quote
A verdict has been reached, and IG enforcement actions have been taken. For anyone who desires to cite this case in the future, the final verdict is:

"After consideration, the Magistrates find the defendant Not Guilty of violating the rule against realm mergers. For reference, the rule is: "Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms." Since the actions in question were taken under duress, we do not feel that they constitute a realm merger in the traditional sense. Whereas Terran had no hope of surviving the war nor any chance of fighting, choosing to surrender is seen as a valid choice, even though they chose to surrender to a third party.

Magistrates voted 4-3 in favor of a Not Guilty verdict, with 4 votes for Not Guilty, 2 votes for Guilty with a warning, and 1 vote for Guilty and stripping the defendant's titles.

This thread will remain open for any questions regarding the case.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Sarwell on August 15, 2013, 04:45:55 PM
Whatever.

The merger failed anyway. Like, epically failed, flopped on its face. So I don't care about the verdict, even though I think it's tremendous rules lawyering to say one can "surrender to a third party".
Title: Re: Terran-D\'Hara Realm Merger
Post by: Penchant on August 15, 2013, 10:18:46 PM
Whatever.

The merger failed anyway. Like, epically failed, flopped on its face. So I don't care about the verdict, even though I think it's tremendous rules lawyering to say one can "surrender to a third party".
As Anaris stated, although at the time against the case:
Quote
My understanding of the realm merger rule is that it is intended to prevent a king from voluntarily giving up not only his kingship but his domain, which is not something a King should do.

(This applies equally to other titles of ruler.)
Which is precisely why surrendering to a third party works. While blatant things like a realm declaring war on another, and almost nothing happens in the war but they "surrender" to a third party would not be fine as its just abusing it, surrendering to a third party makes sense based on the reasoning of this rule because a king keeps more or equal power surrendering to a third party then if he were to surrender to the enemy.

Disclaimer: Its been awhile since the end of the case and I didn't reread it all or even the paragraph part of the verdict so my reasoning could be off from the official reasoning, which I will check at a later time.
Title: Re: Terran-D\'Hara Realm Merger
Post by: Indirik on August 21, 2013, 06:22:45 PM
A verdict has been posted, and the thread left open for one week for comments. I am locking the thread, and reposting the verdict for reference.

Quote
A verdict has been reached, and IG enforcement actions have been taken. For anyone who desires to cite this case in the future, the final verdict is:

"After consideration, the Magistrates find the defendant Not Guilty of violating the rule against realm mergers. For reference, the rule is: "Realm mergers are illegal. Realms may surrender to another, including annihilation of their lands, but they may not merge as equal entities on friendly terms." Since the actions in question were taken under duress, we do not feel that they constitute a realm merger in the traditional sense. Whereas Terran had no hope of surviving the war nor any chance of fighting, choosing to surrender is seen as a valid choice, even though they chose to surrender to a third party.

Magistrates voted 4-3 in favor of a Not Guilty verdict, with 4 votes for Not Guilty, 2 votes for Guilty with a warning, and 1 vote for Guilty and stripping the defendant's titles.

This thread will remain open for any questions regarding the case.