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Draft spec, please provide feedback in the form of pull requests and issues to github.com/allinbits/carmel.
Initial terms
Both parties agree on a moderator.
Both parties agree to keep discussions where the moderator suggests.
Both parties agree to mutual non-disparagement for reasonable scope.
Step 1. Determine the topic points.
Both parties choose 7 key claims each to discuss.
If there was a court filing, the majority of key claims must be from filings.
The moderator must prune spurious allegations, after requesting and reviewing initial evidence.
The moderator can strike less than half the key points from the original 7.
The moderator must give good justifications for each strike.
The moderator can also select up to 4 additional points from filings.
The moderator can also add 1 point not necessarily from any filings.
Step 2. Debate each topic point.
The plaintiff of each key point implicitly starts with the topic point.
The defendant replies, or the court filing's replies are used (if present).
Then plaintiff replies, then defendant replies, and so on until the moderator terminates the debate.
The medium of communication will be via email.
After termination, the moderator can make a final statement.
The moderator may also interject at any time.
Each reply is expected to take some time to complete.
The parties agree that the entire process will complete in 2 months.
The moderator can allow 1 month additional time if they find it necessary.
If the moderator determines that extraordinary circumstances permit, the moderator can allow additional 1 month extensions, subject to the condition that the total amount of time will not exceed 6 months
Step 3. Sealing for privacy
Sealing implies authenticated encryption.
Once you have the sealer's key, you can decrypt the data. (encrypted)
Once unsealed, you know that the sealer sealed the data. (authentic)
Each party and the moderator propose portions of the conversation (and files) to seal, or black out, before publishing.
The reason for each sealing is also recorded and sealed separately.
The moderator decides in accordance with jurisdiction of choice.
Step 4. Narrative Resolution
Both parties attempt to make a joint statement publicly.
Ideally both parties make concessions, but may also express dissent.
Uses similar process as step 2 with moderator.
The moderator decides which portions to strike, perhaps all.
Some joint statement is made publicly.
If a joint statement cannot be agreed upon, the moderator makes one.
Extra A. Incentives, Dismissal, Releases
Either party can incentivize for the other party to participate.
Incentives may include clawback clauses if the moderator determines appropriate.
Both parties (optionally?) agree to release the other from all known and unknown legal claims in exchange for agreeing to this process.
Extra B. Truthfulness
If a false statement is made, punishable up to 2x the reward.
At any time, either party can create a platform for, or run, a bountyprogram for whistleblowers to testify about false statements made.
The moderator decides the rules needed to preserve privacy where appropriate.
Whistleblower statements will be reviewed by a system approved by the moderator to enforce penalties of this agreement.
Both parties have the right to publish moderator redacted portions ofwhistleblower material contributed to the aforementioned bounty program.
Both parties agree to indemnify such whistleblowers to the full extent
Extra C. IP Rights
All contributed processes and information belong to their respective original owners.