EOS - Part 2 of constitution articles!

in eos •  7 years ago 

We have just got a new (final?) set of articles of the EOS constitution published on the EOSGo forum provided by block.one governance expert Thomas Cox.

Just as the first set of articles, these are again labeled as V0.3 so finalisation will still take a bit of time.

As last time I will feature the plain text of the constitution's articles, this way it should be easier to keep an overview..

EOS - Part 2 of constitution articles!

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So here is the 2nd set of articles available from the EOSGO forum:

Go check the links if you want to dig deeper, they include background thoughts and commentary to each article.

Article VII: Each Member agrees that penalties for violations may include, but are not limited to, fines, account freezing, and reversal of transactions.

Article VIII: No Member shall serve as a Block Producer who has not agreed in advance to the Block Producer Agreement provided by the Members of this blockchain.

Article IX: No Arbitrator shall serve except within an Arbitration Forum.

Article X: No Member shall serve as an Arbitrator who has not

  • Agreed in advance to the Arbitrator Agreement provided by the Members,
  • Been nominated by at least two other Members, and
  • Completed the course of study of, been certified by, and be in good standing with their Forum.

Article XI: Each Member who makes available a smart contract on this blockchain shall be a Developer. Each Developer shall offer their smart contracts via a license, and each smart contract shall be documented with a Ricardian Contract stating the intent of all parties and naming the Arbitration Forum that will resolve disputes arising from that contract.

Article XII: Multi-lingual contracts must specify the prevailing language in case of dispute.

Article XIII: As Developers are able to offer services and provide interaction with the blockchain to non Members via their applications, the Developer assumes all responsibility for guaranteeing that non-Member interaction conforms to this Constitution.

Article XIV: This Constitution creates no positive rights for or between any Members.

Article XV: All disputes arising from this Constitution or its related governing documents shall be resolved using the EOS Core Arbitration Forum.

My thoughts

From a structural point of view, i miss a bit of order here. There are several articles linked together, or tying together the framework of what has been set out already, but especially XII and XIV seem a bit displaced. The multilingual information could well go towards the end, whereas the importance of negative rights has been established in the preamble, so no reason to reiterate them here, especially as it's something intended to guide the whole of the constitution.

Anyhow. With a few sentences here a quite complex network of legal liabilities and structure of arbitration has been drafted, the provide for on a clear structure of mechanisms to be implemented but leave open the details to the following.

Certainly interesting is the introduction of arbitration forums, a term that reads very low key, but to me implies no more or less than the establishment of crypto courts, something i was expecting to form out of the constitution, but here we go it's already explicitly included in it!

Conclusion

This second part of the constitution delivers on many aspects on the promises set out be the establishing articles.
The most important, complex and likely controversial article is certainly the 8th one on block producer agreement. It is important to have it in the constitution, but its working is at the same time externalised from it. It is to cover independence, transparency and good conduct. Whereas some of the more grassroots and idealistic blockproducers like @eosnewyork @eos42 @eosblocksmith have lied out their code of conducts, it seems a lot of powerful players remain in the shadows. @EOSGo have extended their scope of checkmarks for block producer candidates, unfortunately tranparency as regards business operations and funding structures have not been included, which is really a pity.

Despite these issues i remain quite positive for EOS, although the recent spike seems quite a bit exagerated by now, but lets see, mainnet launch will likely be quite turbulent.

What is your view on the EOS constitution? Is it what you've expected? What do you miss? Any problems you see arising with it?


The information provided here sums up the results of my own - finite - research. If you've found this piece interesting or useful, please up-vote and resteem and help spread the word. If you have spotted anything to add, please throw in your thoughts and comments! I am always happy to discuss and learn! Finally, none of this is financial advice, do you own research if you consider investing.

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