REPOSTED RA/SC review, please-resolution re: group-owned lan

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REPOSTED RA/SC review, please-resolution re: group-owned lan

Post by Bagheera »

The original post was locked by Calli on the General Discussion page and Calli invited me to repost in Legislative Discussion:

This discussion got waylaid back in May without resolution here:

viewtopic.php?f=1&t=4647&hilit=group+land+owned&start=15#p24225

This link to the thread above contains most (if not all) of the relevant reference links

My post back in May summarized the issue as follows:

Personally, I don't care whether land is owned by groups or not, or if people interpret CDSL 16-03 as abolishing group land, which I think it does and others on the RA over the past two years have presumed it did... or just affecting citizenship, which some of you now claim was the "intent." However, if your (Delia's) interpretation holds sway, then we should immediately re-institute following the procedures spelled out by NL5-9 Group Land Ownership Act and NL 7-7 (Amendment to NL5-9)... The presumption had been the CDSL 16-03 removed the need for this procedure but if it doesn't, we should be continuing to follow it then.

Pat authored the later law, CDSL 16-03 and it received Ayes from Anna, Patroklus, Rosie and Shep. Since those people are all currently citizens, maybe they could weigh in on what they intended.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Patroklus Murakami »

I think Delia pretty much answered all of this in the previous thread.

From what I recall, we were trying to make the process of identifying who is a citizen more simple and straightforward. We had, over the years, amended our citizenship laws to allow couple to own land and groups to own land and the result was a difficult-to-manage mess. We had complicated rules about who derived citizenship from what type of ownership and deciding who was or was not a citizen was not particularly transparent. It also meant the task of taking a census was extremely complicated and time-consuming.

Our aim was to replace all of that with a simpler system - ownership of (at least) one parcel would provide citizenship rights for one avatar provided they were current in their tier on (at least) one parcel. This made running the census much more straightforward.

I don't believe our intention was to "abolish" or "forbid" group land ownership, we just wanted to make it clear that owning land as part of a group would not grant citizenship; for that you needed to own a parcel in your own name.

I'm puzzled as to why this is an issue though. What's the problem?

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Bagheera »

Patroklus Murakami wrote:

I don't believe our intention was to "abolish" or "forbid" group land ownership, we just wanted to make it clear that owning land as part of a group would not grant citizenship; for that you needed to own a parcel in your own name.

This statement does seem to run counter to what you said in the RA Meeting of January, 2012, where you said:

Patroklus Murakami: The consensus seems to be that we ought to have citizenship derive from land ownership (and possibly tier payment), the principle seems to be (at least) one plot = one citizen = one vote; that citizens could (should?) be clearly identified by ownership in the 'About Land' tab; that we need to sort out if citizenship begins on purchase or on first tier payment - both options have advantages and disadvantages, many of which are technical in nature. We need to come to an agreement on this perhaps via further discussion in the commission or here on the forums.

The consensus also seems to be to abolish group land ownership, partner citizenship and sponsor citizenship and to investigate who would be affected by this and allow for some kind of transition in time for the next set of elections.

The reason it is still an issue is, from the transcript, it seems the purpose was TWO-fold (you used the word "also")...to establish citizenship AND to abolish group land ownership (the bolding emphasis in the transcript above is mine). It is also an issue because we stopped following earlier laws related to group ownership of land because - for two years - the RA believed group ownership was abolished (as seen from RA transcripts mentioning group owned land during that period). If group ownership is allowed, then those laws need to be revitalized and/or reviewed.

Can you clarify further, Pat? Thank you.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Gwyneth Llewelyn »

I read Pat's text from 2012 as meaning 'if someone ONLY holds land as part of a GROUP, but doesn't have a single parcel in their OWN name, then they're not citizens' — which seems pretty much consistent with what Pat is saying.

I can give you my own example — I let my friend Maria Gherardi use my shop in NFS for selling her clothes. For that, I had to create a group where she is a member. However, Maria is not interested in the CDS, and has no plot of her own. So although she's listed as being part of 'our' group which owns land in NFS, Maria is not a citizen (and doesn't want to be). Also, Maria is a bit too worried about her own PhD to have any free time for SL these days :) but that's beside the point: although she is part of a group holding land in the CDS, she's not a citizen, and doesn't want to be one.

I believe this is pretty much what always was intended; and that's at least my own interpretation of Pat's words as well (with which I obviously also agree). If not, well, then we need a clarification, because that's what I have always thought that the law meant!

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Bagheera »

Gwyneth Llewelyn wrote:

I read Pat's text from 2012 as meaning 'if someone ONLY holds land as part of a GROUP, but doesn't have a single parcel in their OWN name, then they're not citizens' — which seems pretty much consistent with what Pat is saying.

I can give you my own example — I let my friend Maria Gherardi use my shop in NFS for selling her clothes. For that, I had to create a group where she is a member. However, Maria is not interested in the CDS, and has no plot of her own. So although she's listed as being part of 'our' group which owns land in NFS, Maria is not a citizen (and doesn't want to be). Also, Maria is a bit too worried about her own PhD to have any free time for SL these days :) but that's beside the point: although she is part of a group holding land in the CDS, she's not a citizen, and doesn't want to be one.

I believe this is pretty much what always was intended; and that's at least my own interpretation of Pat's words as well (with which I obviously also agree). If not, well, then we need a clarification, because that's what I have always thought that the law meant!

Right, that was addressed in the transcripts and the law - non-citizens who needed to rez on land could be part of a group and the group could be designated for that land - but it was explicitly talked about and worked over the logistics to verify that the land did not HAVE to be deeded to the group for non-citizens to be able to use it. That's from the transcripts of 2012. Last May - when I first brought this up - Tor said he had deeded his land to the group because that was the only way he could set the media stream so others could use it. I pointed out that by using an object rezzed by the land owner and having the object deeded to the land group (even if the land was not deeded to the land group), one could then script that object using radio scripts and notecards that are shared with the group to allow others to change the stream. (I tested this using an alt on my own undeeded land to make sure it would actually work). However, even at that point in the discussion, it was acknowledged the law said no group-owned land (i.e. deeded to groups). Later in the May thread, it seemed to devolve into party-lines and logic broke down and the thread became increasingly polarized.

Gwyn, the underlying issue I keep trying to raise is that there are laws for group-owned land that have not been followed because they were believed obsolete because there was a belief that group-owned land was illegal. If that is NOT the case and group owned (i.e. deeded) land is allowed, then those earlier laws should be re-activated (followed) and/or reviewed and brought into present time. Otherwise, it should be affirmed that group-owned land is illegal and we should take steps to clean things up. In my opinion lol

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Patroklus Murakami »

I think I've provided all the clarity that is needed about our intent when setting this law. I thought it was obvious from the context that I was talking about 'abolishing' group land ownership (and some other categories) as a means for qualifying as a citizen.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Gwyneth Llewelyn »

I was lazy before... and didn't read CDSL 16-03 very thoroughly... but I think Pat is absolutely right. In fact, CDSL 16-03 is one of our most crystal-clear laws, with no room for ambiguity:

3. Private land can optionally be set (but not deeded) to any group, but that does not entitle any member of the group a grant to the title of the land. Mistakenly deeded land should be reverted, optionally with the assistance from the Estate Owner or any similar role with the appropriate land management powers.

So: Land can be set (but not deeded) to a group. This point explicitly allows that. But no member in the group is granted citizenship that way. Point 3 reinforces that idea, and also point 1:

1. “Granting title to land” is henceforward defined as being listed as the sole proprietor of a parcel of land, as shown by the About Land tool (or whatever technological feature of the official Second Life Viewer shows the ownership of a parcel).

So when Pat talks about 'abolishing group land ownership' I always interpreted that as meaning 'owning land in a group does not confer citizenship' and not 'group-owned land is forbidden', which is exactly what was always intended, and what Pat is saying now, being consistent with his own words back in 2012!

So the law is fine. It's not ambiguous at all.

I haven't read all those transcripts you mentioned, but I believe that the confusion is between 'ownership' and 'citizenship'. You can own land set to a group, but you cannot be a citizen just because you are part of the group. So when some people talk about 'group ownership' they're thinking of 'all members of the group automatically citizens' — and that's what CDSL 16-03 has explicitly 'abolished'. Instead, 'group ownership' just means 'land set to a group'. The group doesn't get citizenship status, but it still 'owns' the land (since they pay tier for it).

The major change that CDSL 16-03 introduces is that, previously, citizenship was defined as 'any possible legal method of claiming land ownership' (and that could include group ownership, rentals, subletting, etc...). CSDL 16-03 is quite clear: you have to own a parcel, and that parcel has to be listed (via SL's technical interface) with you as sole owner — not a group, not a friend, not a partner, not a landlord, not the CDS (as a group) — for you to be a citizen.

Personally, I don't think it's worth changing/amending anything, and while a pronouncement by the SC as to the proper interpretation of CDSL 16-03 is always welcome, I don't think it's really necessary. Point 3 clearly states that land can be set to a group, and clearly states that nobody in the group gets citizenship status. So what else would be needed?

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Bagheera »

Gwyneth Llewelyn wrote:

I was lazy before... and didn't read CDSL 16-03 very thoroughly... but I think Pat is absolutely right. In fact, CDSL 16-03 is one of our most crystal-clear laws, with no room for ambiguity:

3. Private land can optionally be set (but not deeded) to any group, but that does not entitle any member of the group a grant to the title of the land. Mistakenly deeded land should be reverted, optionally with the assistance from the Estate Owner or any similar role with the appropriate land management powers.

So: Land can be set (but not deeded) to a group.

I am not talking about the citizenship aspect of the law, please.

This issue is about "deeding" and about the fact that CDS has limitations on how much land a single avatar can hold. The earlier laws which were no longer followed addressed whether the avatars in the group-deeded land were within their land allowances.

Please do read the earlier laws. All the links are in the discussion I started in May. I went to a lot of time and attention to document what I am presenting back then. Thank you.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Rosie Gray »

As a member of the RA at the time, I have to agree with what Pat has said in this thread, that it was my understanding at the time that the issue was to ensure that to be a citizen you had to have at least one parcel in your own name. This didn't mean that groups couldn't own parcels - that was and is my understanding.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Gwyneth Llewelyn »

I do apologise, Bagheera. Because the other thread was a bit confusing after a while, I wasn't clear what you actually wished to discuss.

Again, let me repeat: the current law is crystal clear. Land can be set, not deeded, to groups. No member of the group is entitled to citizenship because of that. So, that's what we have. Things might have been different before; I have no idea, I didn't follow all the confusion of past laws until we reached CDSL 16-03. But that's what we have right now.

So, I think we can all agree to this?

Now, your purpose in starting this discussion is not to discuss what the current law says or doesn't say, but to propose an amendment that allows land to be deeded (not merely set) to a group, and, additionally, that takes into account the limits on land ownership by each citizen, something that CDSL 16-03 is not clear about.

That's something different — I think we all were mislead, Bagheera, because you started this (and previous) discussions by saying 'previous laws said X...' and 'Pat said Y...' and 'in May I started discussing group ownership...' and 'in some transcripts people contradicted themselves...' instead of plainly and simply asking:

The current law, CDSL 16-03, does not allow deeded land. Can we change that?
The current law, CDSL 16-03, is not clear how land ownership size calculations are affected by land set or deeded to group. Can we change that?

Well, sure, we can change everything! Let's discuss what is the best way to change the law!

What major catastrophe will happen if land is deeded instead of set to group? I know about the advantages; what are the disadvantages? There was a reason why CDSL 16-03 explicitly excluded deeded land. Someone remembers why? Maybe we could ask Sudane? Maybe there were bugs in the SL permission system which have long since been fixed? Whatever the reason, if there are no valid reasons for land NOT to be deeded as opposed to simply set, I'm all for amending the legislation to allow deeded land.

The second thing is a bit more complicated, and which has to do with the calculations of how much land a citizen can own. Also, we have two different situations to handle. One is a 'normal' group, that is, something that a group of citizens (and eventually non-citizens) have spontaneously set up to hold land together. I would say that this is the hardest thing to solve, since calculations would become tremendously difficult, specially in groups where membership is constantly changing — a nightmare for anyone to calculate!

Then there is land owned by corporations and NGOs. Both are formally chartered in the CDS, and that means that they are legal entities independent of their members, with its own set of liabilities (limited or unlimited, depending on the charter). They have someone who is legally responsible for the organisation, of course. In these cases, I would say that the organisation — not its individual members — is allowed to hold land as if it were a single citizen, and this wouldn't be counted towards the land size limit of the individual members. One could argue that in this way some citizens could set up a hundred separate organisations and thus completely sidestep the limits — but there is a price for that: it means additional bureaucracy as each organisation requires a lot of time, planning, and a set of rules to keep the charter active. A small group of citizens being part of a hundred organisations would probably spend all their daylight hours in meetings for all those organisations — and failing to do so would mean not complying with the requirements of having a chartered organisation, thus allowing the CDS Government to revoke that charter. So I think that the case of organisation-owned land is more easy to handle with.

Not so with impromptu, ad-hoc groups — groups that include partners, friends, family, or simply similar-minded individuals. These are, by far, the more common case — and the ones that are more likely to pop up and change membership constantly. And, of course, those are the cases that will be way harder to track. I feel tempted to say that we have no other choice but to check how much land is 'owned' that way and see if it's over the limit for each individual citizen. An alternative is to restrict membership in, say, just one group per region, but I feel that would be really intruding into a citizen's right of free association.

And a further alternative is simply to disregard the land holding limits altogether, and allow anyone to hold as much land as they want, but we all know what that will lead to...

In any case, you're right, these two issues should be addressed. The first — land deeding — seems to be easier to tackle. The other — land ownership limits — is a can of worms. But that doesn't mean we should just forget the issue, we should earnestly discuss it to see what is feasible.

Thanks for bringing the discussion back!

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Gwyneth Llewelyn »

P.S. To substantiate my argument that individual citizens might not start all of a sudden to create dozens or hundreds of organisations chartered/incorporated in the CDS just to hold more land, take a look at the NL 4.14 'Registration and Incorporation Act'. It's massive!

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Rosie Gray »

Gwyneth Llewelyn wrote:

P.S. To substantiate my argument that individual citizens might not start all of a sudden to create dozens or hundreds of organisations chartered/incorporated in the CDS just to hold more land, take a look at the NL 4.14 'Registration and Incorporation Act'. It's massive!

Not only is it massive, but it appears to be completely out of date, referring to a Neaualtenburg Chamber of Commerce under the auspices of the Guild, the National Bank of Neualtenburg, notary services and more. Did any 'company' ever incorporate itself under these terms?

Personally, I think this is something that needs to be addressed, but I wouldn't put it at the top of the list. For now, there are a couple of long-term deeded group lands that we might be best to consider 'grandfathered', and get on with updating more crucial laws.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Callipygian »

My memory of this, and it could be wrong, is that deeded land shows as owned by a group, land set to a group still shows the individual owner - or that was how it was at the time.

So census time rolled around, list appeared, people weren't on it because none of their land was in *their* name. I recall a few times posting about a census and reminding people to make sure at least one parcel was in their own name. I think the issues of 'is deeding land a way around limits on land holdings' came about separately and later.

So to echo Gwyn, with all the past of it aside - is it an issue if land is deeded, other than the 'you may not be able to prove you are a citizen to have voting rights' - not a minor issue of course, but one possibly that individual citizens can decide for themself. If there are other issues related to deeded land, then leave the law as it is and enforce it; if it isn't, consider amending the law with an included clause explaining that if you have no parcel UNdeeded on census day you will have disenfranchised yourself.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Bagheera »

Gwyneth Llewelyn wrote:

Now, your purpose in starting this discussion is not to discuss what the current law says or doesn't say, but to propose an amendment that allows land to be deeded (not merely set) to a group, and, additionally, that takes into account the limits on land ownership by each citizen, something that CDSL 16-03 is not clear about.

That's something different — I think we all were mislead, Bagheera, because you started this (and previous) discussions by saying 'previous laws said X...' and 'Pat said Y...' and 'in May I started discussing group ownership...' and 'in some transcripts people contradicted themselves...' instead of plainly and simply asking:

The current law, CDSL 16-03, does not allow deeded land. Can we change that?
The current law, CDSL 16-03, is not clear how land ownership size calculations are affected by land set or deeded to group. Can we change that?

Ah, no LOL .... my ability to communicate must be severely hampered. My intent was NOT to propose an amendment. My intent was to point out that we currently DO have land deeded to groups - as you agree is currently not allowed - but no one has addressed that and others in this thread are saying that group deeded land is okay.

Prior to CDSL 16-03, the laws permitted group deeded land with the stipulation that the avatars in the group had to be named and prove they had enough land left in their land allowances combined to cover the group's land allowance. When CDSL 16-03 was passed, this stipulation was no longer followed because people, including the RA as noted in at least one mention in the transcripts, believed group deeded land was now illegal.

If you want to know what MY impetus behind this is, it is because it is has been a concern that persons might buy up parcels to control access to them and thereby serve as a choking point or manipulative factor towards citizenship. One check to this activity has been that each avatar has a cap to how many parcels and also how many meters they might personally own. If group-deeded land is allowed AND no tally is taken to how many meters the group can deed, then land and citizenship manipulation could escalate out of control. This is why I say I don't care which law we choose to follow, because both give appropriate control, but if we follow neither, than we could be facing a serious problem with no recourse.

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Re: REPOSTED RA/SC review, please-resolution re: group-owned

Post by Patroklus Murakami »

Who has land deeded to group?

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