judicata wrote:I honestly respect your position, and find it interesting. You fundamentally disagree with a concept of agreements and contracts: i.e., that breaking (or breaching) implied promises, or the occurrence of certain external forces ("force majeure") can excuse fully performing the agreement. I disagree with you on this point, but do so respectfully.
This is a straw man, Kirby does no such thing.
First of all, "force majeure" of course doesn't apply in the vast majority of the cases. To quote Wikipedia:
Force majeure (French for "superior force"), also known as cas fortuit (French) or casus fortuitus (Latin),[1] is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term "act of God" (such as flooding, earthquake, or volcanic eruption), prevents one or both parties from fulfilling their obligations under the contract.[2]
However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.
However, even if it does, there are two further problems with your conjecture:
1) Even in such cases, the burdon of proof would be on the party that fails to deliver. Allowing anybody to just claim annulment due to external forces would put any contract system ad absurdum.
2) If you don't deliver a service that was paid for for whatever reason, you still owe the other party. If a betting or sports company fails to pay out winnings, what they owe their customers is not the entry fee, but the winnings.
When you start a game on KGS, your opponent commits to granting you a win if he loses. If you leave the game when you are about to lose, you still owe your opponent that win.
If you leave the game when it is far from being decided (and not because you got into a disadvantage), the situation is admittedly more complex. But few people have a problem with that in the first place.
Now, there is no reason to be 100% correct and pedantic about playing casual games of go on the internet with random strangers. But from a purely legal point of view, I would say that Kirby is more correct than most others.

It becomes quite clear when you pretend that we would be playing games for money.
The only reason the lax escaper policy works, is that we decided that we just don't care about the possible abuse. Which is quite fair enough, but let's be clear about it to avoid talking in circles.