From 750fd31f621836f2973cfed3222379827bf1ad26 Mon Sep 17 00:00:00 2001
From: Ian Grigg <iang@cacert.org>
Date: Tue, 28 Dec 2010 23:37:21 +0000
Subject: [PATCH] completed change from User to Member, added historical
 context of change

git-svn-id: http://svn.cacert.org/CAcert/Policies@2164 14b1bab8-4ef6-0310-b690-991c95c89dfd
---
 DisputeResolutionPolicy.html | 97 +++++++++++++++++++++++++++---------
 1 file changed, 73 insertions(+), 24 deletions(-)

diff --git a/DisputeResolutionPolicy.html b/DisputeResolutionPolicy.html
index db2dd9c..5fbf567 100644
--- a/DisputeResolutionPolicy.html
+++ b/DisputeResolutionPolicy.html
@@ -49,7 +49,9 @@
         </p>
     <a href="http://validator.w3.org/check?uri=referer"><img style="float: right; border-width: 0" src="http://www.w3.org/Icons/valid-xhtml11" alt="Valid XHTML 1.1" height="31" width="88" /></a>
      <ul>
-        <li>Iang <span class="change">20101215</span>: Added <span class="change">BLUE</span>.  </li>
+        <li> The historical background:  The change in terms (below) was an error in production.  The DRP ran ahead of other documents especially CCA in its approval process.  Later on, in policy group, <a href="//wiki.cacert.org/PolicyDecisions#p20080106.1">we changed the term <i>User</i> to <i>Member</i></a>, at 11th hour in the approval process for CCA.  Therefore, with addition of <a href="//wiki.cacert.org/PolicyDecisions#p20100306">p20100306</a>, this change is proposed by Policy Officer to be incorporated into next approved change without a vote on these changes in terms.  If anyone wants to put it to the vote, go ahead!  </li>
+        <li>Iang <span class="change">20101229</span>: Completed <span class="change">BLUE</span> changes from <i>Users</i> to <i>Members</i>.</li>
+        <li>Iang <span class="change">20101215</span>: Added <span class="change">BLUE</span>.  Term <i>Registered User Agreement</i> changed to CCA, as explained above. </li>
      </ul>
   <hr />
 
@@ -115,7 +117,7 @@ Disputes include:
     Members;
     </span>
   </li><li>
-    Classical disputes where a User or another
+    Classical disputes where a <span class="change">Member</span> or another
     assert claims and demand remedies;
   </li><li>
     Requests by external organisations, including
@@ -184,13 +186,13 @@ The filing must specify:
     being the <i>Respondent(s)</i>.
     This will be CAcert in the
     case of requests for support actions.
-    It may be a User (possibly unidentified) in the
-    case where one User has given rise to a complaint against another.
+    It may be a <span class="change">Member</span> (possibly unidentified) in the
+    case where one <span class="change">Member</span> has given rise to a complaint against another.
   </li><li>
     The <i>Complaint</i>.
     For example, a trademark has been infringed,
     privacy has been breached,
-    or a user has defrauded using a certificate.
+    or a <span class="change">Member</span> has defrauded using a certificate.
   </li><li>
     The action(s) requested by the filing party
     (technically, called the <i>relief</i>).
@@ -298,7 +300,11 @@ The Arbitrator conducts some preliminaries:
   </li><li>
    The Arbitrator confirms that all parties accept
    the forum of dispute resolution.
-   This is especially important where a User might be
+   This is especially important where a
+   <span class="change">
+   Member
+   </span>
+   might be
    in a country with no Arbitration Act in law, or
    where there is reason to believe that a party might
    go to an external court.
@@ -362,7 +368,7 @@ to be considered carefully:
 </p>
 
 <ul><li>
-    Where NRPs, being not members of CAcert and not
+    Where NRPs, being not Members of CAcert and not
     bound by agreement, are parties to the dispute.
     E.g., intellectual property disputes may involve
     NRPs and their trademarks;
@@ -371,8 +377,13 @@ to be considered carefully:
     proceedings,
     e.g., fraud;
   </li><li>
-    Contracts between Users that were formed without
+    Contracts between 
+   <span class="change">
+    Members
+   </span>
+    that were formed without
     a clause to seek arbitration in the forum;
+   <ul class="q"><li> Refer to issue of contracting out;  more certainty might be required on this point. </li></ul>
   </li><li>
     Areas where laws fall outside the Arbitration Act,
     such as privacy;
@@ -399,7 +410,11 @@ that elevates Arbitration as a strong dispute
 resolution forum.
 The Act generally defers to Arbitration
 if the parties have so agreed.
-That is, as Users of CAcert, you agree to resolve
+That is, as 
+   <span class="change">
+   Members
+   </span>
+of CAcert, you agree to resolve
 all disputes before CAcert's forum.
 This is sometimes called <i>private law</i>
 or <i>alternative dispute resolution</i>.
@@ -408,7 +423,10 @@ or <i>alternative dispute resolution</i>.
 <p>
 As a matter of public policy, courts will generally
 refer any case back to Arbitration.
-Users should understand that they will have
+   <span class="change">
+   Members
+   </span>
+should understand that they will have
 strictly limited rights to ask the courts to
 seek to have a case heard or to override a Ruling.
 </p>
@@ -455,8 +473,11 @@ The Arbitrator follows the procedure:
 <ol><li>
     Establish the facts.
     The Arbitrator collects the evidence from the parties.
-    The Arbitrator may order CAcert or Users under
-    jurisdiction to provide support or information.
+    The Arbitrator may order CAcert or
+   <span class="change">
+   Members
+   </span>
+    under jurisdiction to provide support or information.
     The Arbitrator may use email, phone or face-to-face
     meetings as proceedings.
   </li><li>
@@ -465,7 +486,11 @@ The Arbitrator follows the procedure:
     The Arbitrator may request that the parties
     submit their views.
     The Arbitrator also works to the mission of CAcert,
-    the benefit of all Users, and the community as a whole.
+    the benefit of all
+   <span class="change">
+   Members
+   </span>
+    , and the community as a whole.
     The Arbitrator may
     <span class="change">
     seek (?)
@@ -501,7 +526,7 @@ The Arbitrator records:
 <p>
 Once the Ruling is delivered, the case is closed.
 The Case Manager is responsible for recording the
-Ruling, publishing it, and advising users.
+Ruling, publishing it, and advising <span class="change">Members</span>.
 </p>
 
 <p>
@@ -518,21 +543,41 @@ Such a declaration must be reviewed in its entirety
 by the Board,
 and the Board must confirm or deny that declaration.
 If it confirms, the existance of any Rulings under seal
-must be published to the Users in a timely manner
+must be published to the
+   <span class="change">
+   Members
+   </span>
+in a timely manner
 (within days).
 </p>
 
 <h3> <a name="3.3">3.3 </a>  Binding and Final </h3>
 
 <p>
-The Ruling is binding and final on CAcert and all Users.
-Ordinarily, all Users agree to be bound by this dispute
-resolution policy.  Users must declare in the Preliminaries
+The Ruling is binding and final on CAcert and all
+   <span class="change">
+   Members
+   </span>
+.
+Ordinarily, all
+   <span class="change">
+   Members
+   </span>
+ agree to be bound by this dispute
+resolution policy.
+   <span class="change">
+   Members
+   </span>
+must declare in the Preliminaries
 any default in agreement or binding.
 </p>
 
 <p>
-If a person who is not a User is a party to the dispute,
+If a person who is not a
+   <span class="change">
+   Member
+   </span>
+is a party to the dispute,
 then the Ruling is not binding and final on that person,
 but the Ruling must be presented in filing any dispute
 in another forum such as the person's local courts.
@@ -637,11 +682,15 @@ in order to establish precedent.
 
 <h3> <a name="4.1">4.1 </a>  The Advantages of this Forum </h3>
 <p>
-The advantage of this process for Users is:
+The advantage of this process for
+   <span class="change">
+   Members
+   </span>
+ is:
 </p>
 
 <ul><li>
-    CAcert and Users operate across many jurisdictions.
+    CAcert and <span class="change">Members</span> operate across many jurisdictions.
     Arbitration allows us to select a single set of
     rules across all jurisdictions.
   </li><li>
@@ -652,7 +701,7 @@ The advantage of this process for Users is:
     authority to act.
     Good governance is thus maintained.
   </li><li>
-    This forum allows CAcert Users to look after themselves
+    This forum allows CAcert <span class="change">Members</span> to look after themselves
     in a community, without exposing each other to potentially
     disastrous results in strange courts from foreign lands.
   </li><li>
@@ -675,11 +724,11 @@ Some disadvantages exist.
 </p>
 
 <ul><li>
-     Users may have their rights trampled over.
+     <span class="change">Members</span> may have their rights trampled over.
      In such a case, the community should strive to
      re-open the case and refer it to the board.
   </li><li>
-     Users may feel overwhelmed by the formality
+     <span class="change">Members</span> may feel overwhelmed by the formality
      of the process.
      It is kept formal so as to establish good and proper
      authority to act;  otherwise, support and other