Proposed changes to the constitution by Jetse Sprey EOS Amsterdam

eosio.system/eosio.system-clause-constitution-rc.md

@@ -1,25 +1,23 @@
-This Constitution is a multi-party contract entered into by the Members by virtue of their use of this blockchain.
-
-# Article I - No Initiation of Violence
-Members shall not initiate violence or the threat of violence against another Member. Lawful prosecution of crimes with the goal of preserving life, liberty and property does not constitute initiation of violence.
+# Article I - Good faith
+Each member shall always act in good faith towards other members.
 
 # Article II - No Perjury
-Members shall be liable for losses caused by false or misleading attestations and shall forfeit any profit gained thereby.
+Each member shall refrain from false or misleading statements and from actions that might harm the EOS Community disproportionally.
 
 # Article III - Rights
-The Members grant the right of contract and of private property to each other, therefore no property shall change hands except with the consent of the owner, by a valid Arbitrator’s order, or via community referendum. This Constitution creates no positive rights for or between any Members.
+The members grant the right of contract and of private property to each other. Therefore no property shall change hands except with an action to that effect by the owner, by a valid Arbitrator’s order, or via community referendum. This Constitution creates no positive rights for or between any Members.
 
 # Article IV - No Vote Buying
 No Member shall offer nor accept anything of value in exchange for a vote of any type, nor shall any Member unduly influence the vote of another.
 
 # Article V - No Fiduciary
-No Member nor EOS token holder shall have fiduciary responsibility to support the value of the EOS token. The Members do not authorize anyone to hold assets, borrow, nor contract on behalf of EOS token holders collectively. This blockchain has no owners, managers or fiduciaries; therefore, no Member shall have beneficial interest in more than 10% of the EOS token supply.
+No member shall have fiduciary responsibility to support the value of the EOS token. The  members do not authorize anyone to hold assets, borrow, nor contract on behalf of EOS token holders collectively. This blockchain has no owners, managers or fiduciaries; therefore, no member shall have beneficial interest in more than 10% of the EOS token supply.
 
 # Article VI - Restitution
-Each Member agrees that penalties for breach of contract may include, but are not limited to, fines, loss of account, and other restitution.
+Each member agrees that penalties for breach of contract, including a breach of this Constitution, may include, but are not limited to, fines, loss of account, and any other restitution or compensation. Each member may seek any provisional or other measure (other than monetary compensation) that is needed to remedy a breach of contract and/or a breach of this Constitution.
 
 # Article VII - Open Source
-Each Member who makes available a smart contract on this blockchain shall be a Developer. Each Developer shall offer their smart contracts via a free and open source 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.
+Each smart contract shall be offered via a free and open source license. 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. Each contract, whether smart or not, regarding EOS shall ensure applicability of this Constitution and serve its text.
 
 # Article VIII - Language
 Multi-lingual contracts must specify one prevailing language in case of dispute and the author of any translation shall be liable for losses due to their false, misleading, or ambiguous attested translations.
@@ -28,22 +26,26 @@ Multi-lingual contracts must specify one prevailing language in case of dispute
 All disputes arising out of or in connection with this Constitution shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
 
 # Article X - Choice of Law
-Choice of law for disputes shall be, in order of precedence, this Constitution and the Maxims of Equity.
+Choice of law for disputes shall be, in order of precedence, this Constitution and the Maxims of Equity and the laws of Switzerland.
 
 # Article XI - Amending
 This Constitution and its subordinate documents shall not be amended except by a vote of the token holders with no less than 15% vote participation among tokens and no fewer than 10% more Yes than No votes, sustained for 30 continuous days within a 120 day period.
 
 # Article XII - Publishing
-Members may only publish information to the Blockchain that is within their right to publish. Furthermore, Members voluntarily consent for all Members to permanently and irrevocably retain a copy, analyze, and distribute all broadcast transactions and derivative information.
+Members may only publish information to the Blockchain that is within their right to publish. Furthermore, members voluntarily consent for all members to permanently and irrevocably retain a copy, analyze, and distribute all broadcast transactions and derivative information.
 
 # Article XIII - Informed Consent
-All service providers who produce tools to facilitate the construction and signing of transactions on behalf of other Members shall present to said other Members the full Ricardian contract terms of this Constitution and other referenced contracts. Service providers shall be liable for losses resulting from failure to disclose the full Ricardian contract terms to users.
+All service providers who produce tools to facilitate the construction and signing of transactions on behalf of other members shall present to said other Members the full Ricardian contract terms of this Constitution and other referenced contracts. Service
+providers shall be liable for losses resulting from failure to disclose the full Ricardian contract terms to users.
 
-# Article XIV - Severability
+# Article XII - Severability
 If any part of this Constitution is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
 
-# Article XV - Termination of Agreement
-A Member is automatically released from all revocable obligations under this Constitution 3 years after the last transaction signed by that Member is incorporated into the blockchain. After 3 years of inactivity an account may be put up for auction and the proceeds distributed to all Members according to the system contract provisions then in effect for such redistribution.
+# Article XIII - Termination of Agreement
+A Member is automatically released from all revocable obligations under this Constitution 5 years after the last transaction signed by that Member is incorporated into the blockchain. After 5 years of inactivity an account may be put up for auction and the proceeds distributed to all Members according to the system contract provisions then in effect for such redistribution.
+
+# Article XIV - Further legislation
+The EOS Community may issue further regulation within the boundaries of the Constitution. The EOS Community may also authorize the BPs or a certain majority of the BPs to deal with specific matters. Further regulation to be issued by the Community shall need a simple majority of the votes cast for 30 days.
 
 # Article XVI - Developer Liability
 Members agree to hold software developers harmless for unintentional mistakes made in the expression of contractual intent, whether or not said mistakes were due to actual or perceived negligence.