(the old) Tribunal Commentary Thread

[Lord Condormanius]

That Rush case. It sets a precedent to the interpretation of the ToS in cases such as these.

Precedent doesn't mean anything. This is not the Supreme Court. If I recall correctly, the CoM reversed his own decision in that case. Unless something has changed, there is no provision for the "I was just joking" defense in the Terms of Service.

[Heinz Guderian]

Precedent doesn't mean anything. This is not the Supreme Court. If I recall correctly, the CoM reversed his own decision in that case. Unless something has changed, there is no provision for the "I was just joking" defense in the Terms of Service.

i'm taking this waaaaay to seriously. sorry about that. the mod can reverse his own decision. Vindi can still win. Maybe his odds aint great cos he's not right wing or patriotic enough. But you just need to believe LC. Just need to believe.

[The Mongol]

Vindicare's suspension is

[GrnEyedDvl]

Previous cases in the Tribunal disprove this. Since then, there has been no change in the ToS, so the same standards should apply in this case. I just remembered the case involved Rush Limbaugh (i think). Does anyone on here have access to it?

Rush was denied his appeal. The archives are open to all.

[Lord Condormanius]

i'm taking this waaaaay to seriously. sorry about that. the mod can reverse his own decision. Vindi can still win. Maybe his odds aint great cos he's not right wing or patriotic enough. But you just need to believe LC. Just need to believe.

Look, I'm not saying that the infraction will or will not be reversed or whether I think it should or should not be reversed. All I am saying is that it is a violation of the ToS and that the moderator was justified in handing out an infraction if that was the way that he saw fit to deal with the situation.

My point about the purpose of the rules that this site has is that they are not necessarily there so that members can be punished for violating them. They are there so that members will know what kind of behavior is expected of them and so that they can also know what kind of content within their own posts that they can expect to be moderated. The ways in which moderators choose to deal with the member after the fact is an altogether different story, which is really none of anyone's business...this is a privately owned forum, after all.

As far as the suspension is concerned, I can only imagine that it happened because of an accrued amount of points. I can say, with a relative degree of certainty, that he was not suspended based solely on this case.

[Heinz Guderian]

Rush was denied his appeal. The archives are open to all.

I see the archives now. sorry.


THIS IS THE ONE:
http://www.twcenter.net/forums/showthread.php?t=191175

EvM said

Ok, after discussing this matter further with RZZZA I've reversed both parties' infractions since they both viewed it as a joke. I'd encourage both parties to, in the future, make it clear when they are joking in the midst of a discussion in the Mudpit, as it can be very difficult for a moderator to detect jests in that forum given its serious backdrop.

I'm sorry that I didn't reverse this earlier, but many (if not most) of those members receiving infractions for flames made in the 'Pit claim they are mere jokes. Given that this is almost never true, I wanted to check first.

this is related:

http://www.twcenter.net/forums/showthread.php?t=165651

Apeals "resolved". EvM is a hero of mine, and quite sexy to boot. People should be more like him.

It is clear Vindi was joking. Now let him go.

Spoiler Alert, click show to read: 

there is also this:
http://www.twcenter.net/forums/showthread.php?t=191168

SPQR messing about, and told not to be too disruptive next time.

http://www.twcenter.net/forums/showthread.php?t=191175

same with that n00b Miraj.

[Captain Hastings]

But you have to realise that people have fun in different ways. I know our senses of humour are different. And we probably like completely different things. Vindi and I call different people lots of different things. These things can involve alot (ALOT) of homoeroticism. I think its funny when i get called a "homo" because i'm generally an amiable guy who doesnt get offended easily, i'm pretty sure, from what i know about Octy, he wouldnt want Vindi to get infracted for something so trivial.

Admittedly it was me who reported his post, if only out of vanity. I actually hadn't encountered Vindicare properly before that thread, and so in that brief moment I did take offence and reported him. It was only in his profile message that I realised he was joking. Besides, I've made lots of reports in the past and nothing has been done about it, so I wasn't really expecting him to be infracted or even suspended.

Assumptions?
Its the truth.

Im not making a joke here, im being serious.
He said it on Ana a while back, and i don't think he was joking.
Infact i'm certain he wasn't.

He went on to mention how attractive Tony + Sundance were.

'Tis the truth. But I don't remember mentioning how attractive Tony and Melboy are (though I have done on other occasions).


Anyway... There's really not much I can do here except clear up a few points. I can't see that the infraction will be reversed even if I claim to have not been offended.

[Lord Anubis]

Why was Vindicare suspended for a month!!!11one! for such a silly reason?

[Cyrus the Virus]

Why was Vindicare suspended for a month!!!11one! for such a silly reason?

Was probably on probation and violated it.
Just assumptions.

[Heinz Guderian]

Admittedly it was me who reported his post, if only out of vanity. I actually hadn't encountered Vindicare properly before that thread, and so in that brief moment I did take offence and reported him. It was only in his profile message that I realised he was joking. Besides, I've made lots of reports in the past and nothing has been done about it, so I wasn't really expecting him to be infracted or even suspended.

Anyway... There's really not much I can do here except clear up a few points. I can't see that the infraction will be reversed even if I claim to have not been offended.

I appreciate you posting here Octy. In my experience of Vindicare, he's not a nasty guy. He says things that are a little risque for entertainment value. He's certainly not homophobic.

Spoiler Alert, click show to read: 

if you want to see homphobia see this thread:
http://www.twcenter.net/forums/showt...=196428&page=2
Barney Frank, a gay US politician in an unholy land

The only reason he would have said something like this to you was because of our (admittedly hot) exchanges on our profiles. Vindi and I stalk each other's posts. He saw those profile posts and thought "Octy is pretty laid back" and so responded to you in a way that he often responds to me, Miraj, The Fuzz and many others in the "Say cheese" thread thinking it was harmless. Vindi knows the ToS (he knows the way of the Francais very well like Mogai from Last of The Mohicans), and he wouldnt be so blatant.

But i do appreciate you posting here. Send me a pic.

[Exarch]

lawls
i had no idea vindicare loved the cock that passionately
he makes a good case tho. he must be freed
also, i wanna see what he's got next in the swords thread.

[The Mongol]

So, Jimmy Spong's trial was pretty quick.


Considering he was infracted by the same mediocre moderator, how about we speed up the process of Vindicare's case? You know, that guy who got suspended for joking?


So, if you could get that conclusion on my desk by 1:00, that would be grrrrrrrrrrreat.



Thaaaaaaaaanks.

[Magic Man]

Guys, guys.

I just figured out whats going on, this is some sort of joke.
Vindi must be in on it.

The old moderators playing a little practical joke on us, the cheeky beggars.

[Atterdag]

I had some sympathy for the guy's case.
After you "guys'" posts it's gone.

I'm going to fight with every inch of my body until CaoCao is chained to the tallest wall in the tower of death.4lik long time ok?
Insha'allah.

[Mega Tortas de Bodemloze]

Re; Vindicare's case. Do responses to statements usually take this long? Vindicare's been speaking to air for about a day now.

Edit: Now it's starting to look like two days......

[Lord Condormanius]

Re; Vindicare's case. Do responses to statements usually take this long? Vindicare's been speaking to air for about a day now.

Edit: Now it's starting to look like two days......

I have seen cases take weeks to resolve. It doesn't matter anyway, Vindicare is suspended. He's not going anywhere.

As for Chaig's case...I can't see how this is his fault under the current ToS. If it is expected that the censor will pick up profanity, he can can hardly be at fault for this, even though the word in question should be hyphenated.

...although, situations like this could be avoided altogether if people would learn to debate like adults, without using profanity.

[Kiljan Arslan]

I think a new rule should be added to the TOS. If one signs on and ad spams for their company. THat company is libel to pay x amount of money. Hey it would keep them away wouldn't it?

[Lord Condormanius]

I think a new rule should be added to the TOS. If one signs on and ad spams for their company. THat company is libel to pay x amount of money. Hey it would keep them away wouldn't it?

Anything like that would be completely unenforceable...and probably not legal either.

[bushbush]

justice is done, vindicare's warning is reversed.

[Heinz Guderian]

SENECA ROOOOOLZZZ!!




Welcome home Vindi. We have much to discuss.