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BattleMaster => Case Archives => Magistrates Case Archive => Topic started by: BattleMaster Server on April 29, 2013, 12:44:51 AM

Title: OOC Harrassment after comments on poor RP
Post by: BattleMaster Server on April 29, 2013, 12:44:51 AM
Summary:OOC Harrassment after comments on poor RP
Violation:Do not insult or harrass other players//Social Contract
World:Beluaterra
Complainer:Karel Scherpereel (http://battlemaster.org/UserDetails.php?ID=28457)
About:Kyle Douglass (http://battlemaster.org/UserDetails.php?ID=32986)

Full Complaint Text:
"Wtf is your problem, you wanky git? Bugging the !@#$ out of people in game isn't enough for you? Instead you feel the need to assault a person's opinion on /facebook/? Go !@#$ yourself, you self-entitled prick, and get a bloody life outside the internet."


Personal message from Kyle Douglas through Facebook.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Woelfy on April 29, 2013, 01:07:11 AM
Holy jesus, i am beyond sick of your drama Karel. You instigate !@#$ with me and then whine when i tell you to knock it off, and then come up with this line of bull!@#$? The supposedly Poor RP? That was weeks ago. Not to mention you are the only player who whined about that incident as well...

You being a jerk on a different venue(fb) and then getting upset at retaliation is pathetic. I am genuinely disgusted.

Learn. To. Seperate.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Indirik on April 29, 2013, 04:57:08 AM
It is an interesting case. The Social Contract prohibits insults/abuse between players. It is not specific on where the abuse occurs. While it would be ridiculous to think that the Magistrates can police the entire world, if one player is harassing another about BattleMaster events/issues, regardless of the medium, do we have a responsibility to take action on that? Facebook does have its own controls, though, and that kind of interaction is trivially easy to block there.

... one of the Magistrates has been muted.
That was a mistake which has been corrected.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Vellos on April 29, 2013, 08:43:51 AM
Can we get a little context here?

I see a private Facebook message– I have no idea what it's stemming from or any idea what's going on here. Would the complainer like to elaborate?
Title: Re: OOC Harrassment after comments on poor RP
Post by: Shizzle on April 29, 2013, 09:09:34 AM
I'll provide some context if I have time in the evening!
Title: Re: OOC Harrassment after comments on poor RP
Post by: Woelfy on April 29, 2013, 10:38:37 AM
Shizzle had a problem with one of my rp's on BT. It was brought up and then the matter dropped for several weeks.

I posted my opinion on the facebook BM community group, regarding the stagnation and boredom there, and Shizzle decided to attack my opinion. I retaliated, harshly, as I am sick of having anonymous emails and messages come to me in out-of-game venues. It is one reason I hardly even check here anymore.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on April 29, 2013, 04:38:02 PM
From Facebook:

Quote
Kyle Douglass
As a player on Dwilight, I am simultaneously bored, disgusted, and beyond tired of dealing with childish and pathetic antics based solely on OOC drama. As such, !@#$ wasting time on a server that punishes proper SMA and encourages breaches of it's own rules. Beluaterra is the single greatest thing the game offers, and it is all due to it's lack of stagnation and OOC-IG blending. We need a full scale destructive invasion on DWI, at the very least.

Karel Scherpereel
Woah, QQ? Any concrete examples you want to see discussed?

Valentin Preceptor Hedman
Heh, dat's Dwilight for ya : D

Jim Gerdes
BELGIAN RAGE!!! I agree with you though, Beluaterra is pretty awesome (AT is starting to get interesting again too, as well as the big war on EC), and Dwilight is pretty terrible.

Dimitris Skiarxon
JAEGER SUCKS!

Dustin Olson
I like Dwilight. I am curious what this is about.

Dean Zammit
I have to completely Agree with Kyle here. Pretty much the reason I quit playing after all those years

Dean Zammit
Karel, If you lived in PeL since it was pretty much formed you'd know.

Karel Scherpereel
I've never been in PeL, but I've been around in Fissoa since before the foundation of Giask. Never heard much about OOC feuds, and always a lot of good things. In fact, should Skyn be killed against Alice I might get a new character there

Kyle Douglass
Karel Scherpereel: QQ? Ffs man, act like an adult not a whiny child. I've repeatedly tried to address the issue in game, and in the proper ooc channels. Nothing has been done, except by the rare few, to remedy the pestilence that has covered what was once the most promising island. Jim Gerdes I'm still in love with BT, and after having rejoined EC, I find it better than last time, but still a bit of a drone continent. Dimitris Skiarxon: you are just jealous ;) Dean Zammit: there is always Thal!

Dean Zammit
Can't deal with BM anymore, don't have the time  :(

Karel Scherpereel
Holy !@#$, what's with the defensive attitude all the time. Give it a rest. Or QQ

Dean Zammit
Yes, because flaming with "QQ" didn't deserve that response.

That's pretty much where the flaming stops, though Kyle does make one more offhand reference further down the thread to "OOC bull!@#$" on Dwilight.

We'll have to discuss whether this is something we'll rule on as not all the Magistrates agree that we should, but honestly I will say this: The number of OOC feuds that Kyle Douglass seems to get himself into along with their general level of venom does raise questions in my mind about whether or not we have a deeper problem here. For reference, here are some of the earlier episodes:

Previous case:
http://forum.battlemaster.org/index.php/topic,3863.0.html (http://forum.battlemaster.org/index.php/topic,3863.0.html)

And related:
http://forum.battlemaster.org/index.php/topic,3693.0.html (http://forum.battlemaster.org/index.php/topic,3693.0.html)




Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on April 29, 2013, 04:52:13 PM
I do agree that more than one complains have been brought here for Kyle but i will not bring a verdict over them using a complain that is and must be placed out of our hands.

This is not something a Magistrate should deal with , in fact i doubt this is something anyone in the game should bother with. Facebook is something adult people use, each of them for his personal reasons. We cannot judge people's behaviour or choice of words in there. We are not World Judges and Punishers here.

He brought his concerns over something that bothers him in the Bm group, he has every right to do so and he can choose any kind of words he wishes in there as well because there are no rules in that group that prevent him from doing it. The other part was rather provoking as well with the QQ thing. The whole post of Kyle was not directed to the person who filled the complain it got personal after he involved himself to it and this is something that must be dealt between adults.

I do however believe that Kyle should calm himself a bit concerning the game and check his game play as it seems it does raise concerns repeatedly but previous cases were solved already and should not re open based on this laughable (according to my opinion of course ) complain.

It would be wrong.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on April 29, 2013, 05:23:43 PM
This is not something a Magistrate should deal with , in fact i doubt this is something anyone in the game should bother with. Facebook is something adult people use, each of them for his personal reasons. We cannot judge people's behaviour or choice of words in there. We are not World Judges and Punishers here.

I'm not sure if I completely agree with you. What you're saying has merit, but I do have concerns about the prospect of one player harassing another one over Battlemaster-related things using mediums outside the game itself. Such behavior is clearly against the spirit of the Social Contract; should we recuse ourselves from any responsibility to try to stop such behavior simply because the harassment didn't happen within Battlemaster itself? Maybe, maybe not. I'm not sure I've decided yet. There are pros and cons either way. I certainly don't like the idea of knowing something bad is going on and sitting on my hands while it happens. On the other hand, this particular example seems like more of a one-off bit of petty spitefulness than a pattern of harassment, and its direct relevance to Battlemaster is limited at best.

Another question to consider in a case like this is, would these two people be connected at all without Battlemaster in the middle? Probably not. No Battlemaster, no conflict. Could that fact imply that we have some responsibility here?
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on April 29, 2013, 05:36:46 PM
Another question to consider in a case like this is, would these two people be connected at all without Battlemaster in the middle? Probably not. No Battlemaster, no conflict. Could that fact imply that we have some responsibility here?

This is pretty correct.

However, if those people didn't use Facebook, or one of them didn't ..would we have a conflict?

What i mean by that is that Kyle started a completely ooc discussion about a generic thing concerning dwilight which is pretty much the main reason he ends up here continuously. He feels frustrated about it and went on to share it on facebook. He didn't make a personal attack to anyone, he stated in a pretty whiny way,yes ,his frustration about it and the reaction of another facebook user brought up this turn of events.

If it was a topic harassing the player i would totally judge it differently. It would seem like he was trying to use every BM related instrument in order to harass the player but this is not the case.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Deytheur on April 29, 2013, 05:43:59 PM
As it was in the Battlemaster group and as (I think but I could be wrong) it is administered by the devs, I think it would be sensible to rule on such things to to try and prevent it happening in the future. I wouldn't like to see an escalation of people thinking that they can take IG violations/arguments to facebook just to avoid a magistrate case being reported.

Whether or not it was provoked I don't see any reason to send a message that aggressive and just downright rude. This is not the first time the accused has been accused of such things.  If there was a similar private message that started it then they are probably both as bad as each other.

As an outside observer on the public facebook post, if that was the instigator, it doesn't seem like Shizzle attacked an opinion. Sure he said 'QQ' showing not the most maturity from himself but the reply of 'Ffs man, act like an adult not a whiny child' still seems like a bit of an overreaction and if the private message was further reply to that then it is a big overreaction.

As an addendum, everyone knows that the Lurias are a hive of scum and villainy and Dwilight in general is quite boring in terms of wars so people find other ways to amuse themselves. Woelfy, you also have contributed to this state of 'OOC bull!@#$' as you put it so you can always just leave if it is bothering you this much. The manoeuvring and backstabbing is to be expected, that is partly what draws people in and what keeps me away.  :P
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on April 29, 2013, 05:57:38 PM

Whether or not it was provoked I don't see any reason to send a message that aggressive and just downright rude. This is not the first time the accused has been accused of such things.  If there was a similar private message that started it then they are probably both as bad as each other.


I disagree.

If the facebook group is official it must have rules, just because it's BM group it doesn 't mean the same rules aplly in there as well.Same thing as the forum, the forum has rules, it is connected to the game , it has written rules and you can get punished for them.

This is way out of hand. We can't chase BM players to all social media and punish them for what they write in there, for the love of God!

If Kyle wants to be vulgar in his real life and respond in that way it is his problem and he will be judged as a person about it but it still has nothing to do with the game.

For his in game reactions that sometimes were similiar , cases were opened and the Magistrates decided .As much as this complain may bring second thoughts for those decisions ,it is not enough to change them and it is not enough to turn this into a real complain because it is not.

If you want to prevent such things from repeating themselves do write rules on the BM group and make it an official BM related page which will mean that the same rules that apply to the game and the forum , apply to that group as well.

Seriously no one would like it if i used discussions i ve seen on IRC , filling complains about all those who have been vulgar at times  on several discussions.

Title: Re: OOC Harrassment after comments on poor RP
Post by: Shizzle on April 29, 2013, 06:26:51 PM
Okay, context as promised.

I feel Thalmarkin has become a breeding ground for poor RP, poor manners and a generally poor OOC attitude for a small number of players, though mainly from the Guile family. My main issue was with stuff I can't consider BM-appropriate, such as a Grand Wizard shooting fireballs, moving an Ice Tower with telekinesis and sexual innuendo ("I'll give her a pearl necklace"). I sent an OOC message to Kyle on two occasions asking him to rein in. The first went without answer, the second with a reply very similar to the text in this thread's initial message. At the time I made a post asking about the policing of RP in BM, whether or not it exists and if this place is also intended for it. As the answer seemed to be no, I refrained from any further actions. I just ignored the Guile family altogether. Also because I figured I might be the only one annoyed by these roleplays, and I didn't consider it my place to spoil others' fun any further. It was only after Kyle started a rather lame argument on facebook with no real content that I reacted again, admittedly not in the best way. However, I didn't just reply with QQ, as I was genuinly interested in what his big problem was.

This was enough for Kyle to send me a personal message, I can only assume to harrass me in some way. We'll call it the CoD-mentality.

It was after his initial poor reactions (I no longer have them stored as it's over 30 days ago), the message on facebook as well as a discussion with another BM player on the poor behaviour of Kyle that I decided to put this out there.

Now, it's not my intention to see Kyle punished, because I agree that policing FB of all things is not the magistrates' job. As I no longer have the relevant OOC messages, I can't supply these either.

So what was my intention?

Firstly, to make him stop. I would expect exposing his messaging would do just that, immediately. I'm not looking to get caught in another of his OOC feuds.
Secondly, to provide documentation on the issue. For all I know (and now I do, from those other cases), Kyle has been harrassing other players. I can't say I am deeply traumatised by his attempt at insulting me, but others might have been. Perhaps recently joined players have already left because of him, something that can only be bad for BM as a whole.

I agree that this one case isn't worth much attention, but if this is a reoccuring issue, it might be. I believe BM should be played as friends around a table, which means a degree of respect is involved for each other, as well as the rules.

(EDIT: grammar, spelling)
Title: Re: OOC Harrassment after comments on poor RP
Post by: Woelfy on April 29, 2013, 06:34:16 PM
This witch hunt is a joke.

Shizzle has a problem with a BT character of mine, and decides to act offended when an off-forum, OOC comment is made, that literally has nothing to do with him.

I have been subjected to continuous bull!@#$ the last RL year from a bevvy of players. I havent written up reports or whined to the magistrates excepting in situations that I feel simple words will not fix. My reactions may be harsh, but if a single other player had to take the slander and personal attacks that I have been subjected to: there would be 15 pages of complaints.

I refuse to censor myself when constantly assaulted out of game. Having issue in game is one thing, and I do my best to refrain from being vulgar...

But do not come to me on a social media site and assault me, then expect me to politely ask you to stop with puppy eyes and hearts.

If this kind of conversation had happened in real life, it would have ended in blood.

Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on April 29, 2013, 06:39:56 PM
The problem remains that using something that could be considered a harass in order to enforce previous complains or dislikes against Kyle and his in game family is not justified.

I am sorry but it's not. First of all judging him with a complain that not only isn't our job but doesn't consist in player harassement , would be unfair towards him.When those other complains were made that had in game references , it was then that such decisions should ve been made.

You name his arguement as lame.Who are you to judge that? Reading from the comments, many even agree with him. His post on facebook is generic and doesn't target anyone , if you considered it lame and know he is short temepered and you don't like him ...do not comment on it and ignore it. Using it in order to prove he is harassing players (when as you say had real in game reasons to do it in the past and didn't) is what is lame here.

Nor i or any other Magistrate should decide on messages that no longer exist based on the word of a player and using a post on facebook as a stepping stone.

This isn't about me supporting Woelfy or the way he is playing or him as a person. I just refuse to punish someone just because "he did it in the past" when the Magistrates chose NOT to punish him back then, using a complain that doesn't belong here.

Next time, when you have such letters in the game, use them.And if they do include such content i will be the first Magistrate to vote for his punishment.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on April 29, 2013, 07:18:53 PM
To put what Lavigna said a bit more succinctly, we're not going to rule on things that aren't the subject of the complaint, so this inquiry will be about the Facebook post only, and the ruling is going to turn on whether we decide that we have both the responsibility and the jurisdiction to act. There are at least 3-4 Magistrates that are likely to say no to one or both of those questions, so I would guess that's where we're headed.

There is a bit of a pattern here though with this complaint and others. Regardless of how we decide to treat this matter, I would advise that Woelfy carefully consider how he chooses to interact with other players of this game in the future, particularly players of characters with whom his characters do not get along. There is a very nasty, personal and vicious tone that seems to be present whenever we end up dealing with Woelfy in this Courthouse; I don't like it, and I don't think it has a place in this community.

Bottom line Woelfy, this case aside, I do not want to see you in here again over issues of being civil to another player. I understand that it takes two to tango, but the consistent factor so far is you, not the players you get into fights with. There are ways to disagree with other players and defend yourself that don't involve over the top nastiness, so learn to rein it in. Consider this a warning that is separate from whatever we decide about this specific incident.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Gustav Kuriga on April 29, 2013, 07:48:35 PM
Excuse me, if I may butt in. Isn't it true that if we get evidence of clan instigated exclusion of other players, no matter what the source, it is acted upon? Therefore, if one player is harrassing or attacking another OOC, regardless of where it takes place so long as it is reported with reasonable amount of evidence, shouldn't we act upon it? Otherwise you're setting a very dangerous and volatile ruling whereupon it will be legal to do so on web pages besides this one? I'm not saying the magistrates should police anything not brought to them, but any online interaction that is should be judged.
Title: Re: OOC Harrassment after comments on poor RP
Post by: skiarxon@gmail.com on April 29, 2013, 07:52:47 PM
Thing is the FB group got no rules whatsoever. It doesn't even say if it is an official group about BM.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Shizzle on April 29, 2013, 08:02:56 PM
There is a bit of a pattern here though with this complaint and others. Regardless of how we decide to treat this matter, I would advise that Woelfy carefully consider how he chooses to interact with other players of this game in the future, particularly players of characters with whom his characters do not get along. There is a very nasty, personal and vicious tone that seems to be present whenever we end up dealing with Woelfy in this Courthouse; I don't like it, and I don't think it has a place in this community.

An advice along these lines is all I hoped to expect from this. In no way do I think Kyle should be punished at this point, certainly with the evidence provided. As I wrote in my previous post.

I disagree with the tango argument, though, unless Kyle can provide something that shows I have been disrespectful to him in a way remotely similar to the facebook post. When I reacted on facebook I didn't even realise Kyle was Guile's player, it was only afterwards (when Skarxion added 'Jaeger sucks', and when I got Kyle's message). I would have reacted with QQ on anyone's post phrased in the way he did, more as a taunt to entice him to prove his point (because the initial post was very vague). I thought that was more than clear because of the question I added right after ('Any concrete examples you want to see discussed?').



Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on April 29, 2013, 08:12:42 PM
I disagree with the tango argument, though, unless Kyle can provide something that shows I have been disrespectful to him in a way remotely similar to the facebook post. When I reacted on facebook I didn't even realise Kyle was Guile's player, it was only afterwards (when Skarxion added 'Jaeger sucks', and when I got Kyle's message). I would have reacted with QQ on anyone's post phrased in the way he did, more as a taunt to entice him to prove his point (because the initial post was very vague). I thought that was more than clear because of the question I added right after ('Any concrete examples you want to see discussed?').

I was thinking more about earlier incidents than this one specifically, and I also wanted to preempt the obvious rebuttal. As far as this scenario goes, unless there's more going on than meets the eye, I would be inclined to label the response to your comment disproportionate.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Vellos on April 29, 2013, 08:29:43 PM
Regarding jurisdiction, these cases (especially the first) had jurisdictional debate as well, about the Forum:
http://forum.battlemaster.org/index.php/topic,3357.30.html
http://forum.battlemaster.org/index.php/topic,3908.60.html

I believe IRC was also discussed.

The criteria from the first case for jurisdiction on forum cases was:
[/quote]"The Magistrates hold that they have jurisdiction in cases arising from the forum, provided that three conditions hold: first, that a connection between a forum account and a user ID exists; second, that forum moderators have already attempted to redress the issue by comment deletion or thread control as necessary; third, that such means have failed to resolve or end the dispute, and it is of such a nature as to arouse general concern or interest."[/quote]

For the Facebook group, in this case, the user ID condition holds, it is unclear if "moderator action" is possible, and methinks that this is a case of such a nature (due to being in a totally public group) as to arouse general concern or interest for the community.

Thus, I think we have jurisdiction for such complaints when they arise.

Ruling is trickier. Kyle is repeatedly showing up in complaints and, frankly, the level of vitriol in his messages isn't acceptable for any player at any time: even private messages between players outside of the game. Bully and cuss out other players? You can take your ball and go home.

That said, we've had three cases that touch on this harassment issue, AFAIK, so we should really look at what we said in the past, and decide if its useful, applies, and we still agree with it:
http://forum.battlemaster.org/index.php/topic,3908.60.html
http://forum.battlemaster.org/index.php/topic,3863.30.html
http://forum.battlemaster.org/index.php/topic,3596.60.html

The first ended in a verdict declining to uphold the complaint because the accused's comment was in isolation, he was apologetic, and there was no evidence of a deeper player-level feud.

The second ended in a Titan message posted in Swordfell that advised players to avoid IG OOC messages, and instead use the forums or private messages: it concluded with "OOC insults against other players will not be tolerated, and should be reported immediately."

The third one ended in the players talking it out, apologizing, and moving on without need for higher level intervention.

----

Kyle has been told in a very spectacular way, a Titan message, that OOC insults will not be tolerated. His vitriolic comment is not in isolation but is rather part of a long and growing pattern of bitterness and anger at other players which is now spilling over into increasingly more and more public areas. Kyle is totally unapologetic in virtually every instance. He has not, AFAIK (please correct me if I'm wrong), shown any interest or ability to reconcile with players he dislikes.

Would anyone like to point out any flaws in my reasoning?

Edit: typos
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on April 29, 2013, 08:48:25 PM
Per arguments I have made previously, I am also not convinced that this is an area we should disavow any and all responsibility for. The Social Contract reads "No verbal attacks, insults or harrassment of other players. Err on the side of caution, especially if you don't know the other player well." It does not specify a medium. One could argue that the medium is implied to be the game itself, but it could just as well imply the opposite. My feeling is that if something is going on that's bad enough for someone to report it, it doesn't really matter how it happened as long as it's related to Battlemaster, and the content of the message in question clearly reveals that it is.

While I am cognizant of the possibility of overreach here, I am very much against the notion that if Battlemaster-related bullying or harassment is taking place we can not or should not do anything about it unless it happens directly through the game. That approach seems morally suspect, and amounts to tacit acceptance of players treating other players badly so long as they are careful to do it outside of the game. I think that the reaction would be different all around if this was a case of repeated, sustained harassment, so the question becomes why is that? Is there really a difference between that and this? Only one of degree I'd say, so I don't think we can hold that we should rule on one but not the other.

Some of us clearly find it distasteful to have to intervene in cases such as this, viewing them as petty differences that two players should be able to work out themselves. "Get over it," as the saying goes. However, if players could always work these things out, we wouldn't be necessary. Sometimes they can't, or they won't, and we have to step in and put a stop to the bickering. There is a cost to this game when pettiness like this gets out of hand or goes on for too long, a cost in disillusionment and disappointment from the players. It takes away from the atmosphere and damages the game. That's part of what made what was happening in Swordfell so toxic; all the players in that realm were exposed to spiteful personal conflict between players. If none of them ended up losing interest in the game as a result, I'd consider us lucky. I can tell you right now that if that was the first realm I joined as a new player, I probably wouldn't have bothered to keep playing. That's one reason why the Social Contract exists in the first place.

As far as Vellos' reasoning goes, I agree on every point so far.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on May 01, 2013, 07:15:29 PM
Whether or not Kyle has himself been harassed is largely irrelevant to this case. It's not the subject at hand, and even if true it doesn't excuse anything, though I will reiterate one final time on the odd chance that he's even still reading this thread that he should report any harassment he is suffering to us in a separate case so that we can try to put a stop to it. It's not trivial, it's not a waste of our time, and it's completely and totally unacceptable behavior. If I ever see a case in here where someone is going outside the game to email, Social media, whatever, to bully and harass another player on an ongoing basis they will suffer the worst consequences that I can manage to secure. While we Magistrates are limited to a three-day lock for routine cases, in a case of sustained harassment (which to my knowledge would be unprecedented) I would be inclined to seek out the possibility of a far more significant punishment from Tom directly. That is all that I have to say on the subject and I do not think that it should be discussed any further in this thread, because in the end it is a separate, if serious, issue.

As far as this case goes, the most relevant extenuating factors here would be evidence of an apology or some sense of remorse on the part of Kyle himself. Since those are notably lacking, I have a hard time feeling much sympathy for him at the moment. Indeed, the sense he's communicated is that not only is he not sorry, he believes that he's justified in his behavior by the behavior of others, which is not a belief that I share. Even if he has been under some pressure lately you'd think that if he flew off the handle in a moment of emotion he wouldn't have such a hard time saying "I'm sorry I lashed out at you," particularly since Shizzle has gone out of his way to extend an olive branch here.

Given that, I'm not especially keen on letting this slide. At this point we need to move further discussion into the Backroom and start a poll.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Fury on May 02, 2013, 05:03:19 AM
A discussion has already started in the backroom. Everyone else can take anything not constructive to FaceBook some unknown social media. Moderators, feel free to give out warnings.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on May 02, 2013, 06:46:37 AM
This thread is getting way off topic.

I will reiterate one more time that the alleged campaign of harassment against Kyle has nothing to do with this case. The last page and a half of this thread have been mostly posts about how Kyle is the victim here, or rebuttals. If you truly believe that, then assemble your evidence and open a new case against the people harassing Kyle. Otherwise it is irrelevant. This isn't about things that happened in or as a result of Swordfell. This is about what Kyle said to Shizzle, which to my knowledge has absolutely nothing to do with events in Swordfell, seeing as their interaction appears to have taken place entirely through Thalmarkin.

I will henceforth immediately remove any posts that even mention Kyle being harassed, or mention Swordfell or any of the previous cases involving Swordfell. Those are separate issues, and do not in any way excuse what happened here. One is both unsubstantiated and deserving of its own case, while the other is effectively settled. It was wrong of all parties, including and especially myself, to bring up either one.

I have, for now, let the last page or so of posts remain untouched. If people insist on continuing along that line of argument, I will happily delete the entire tangent; at the moment only my respect for the parties involved has prevented me from deleting the entire thing, seeing as none of it has been relevant to this case.

Edit: On second thought, and upon further review, I am immediately removing posts that contain personal attacks.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Vellos on May 02, 2013, 06:47:35 AM
Tim,

You saw it?

If that's true, start a case. The Magistrates have heard third-party cases before, we can do it again.

What gets me here is all these generalities protecting somebody and yet nobody has yet supplied a single concrete instance of Kyle being harassed!

That should be trivially easy to do. And no, "needling" on the forum doesn't count. If it did, we would all have so much cause to yell profanities at Chenier every day it would be comical.

Geronus: This one showed up right after I posted. Last one. No more, or a lot of posts get deleted.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on May 02, 2013, 07:16:39 AM
Personally I'm advocating for a warning, not a lock. No one has yet overtly pushed for a lock, and the plaintiff Shizzle has called for dismissing the case altogether.

My own judgment is that it's simply not OK to tell another player to go !@#$ themselves, and I want to make it clear that that is not OK. Hence why I am voting guilty with a warning. If that's the consensus, then that warning will be published here and the precedent will be set; that's all I personally am looking for out of this.

Edit: And I will add, if Woelfy had deigned to apologize I might even have been inclined to skip on the warning.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Miriam Ics on May 02, 2013, 04:25:54 PM
Do you have a case?
Shizzle said "lets put it behind". Woelfy said "Reporting it, when it is something so childish, seems a waste of the magistrates time."
They don't want to go ahead with this also Woelfy delete his char and his email account therefore deleting all and every evidence.

I think the only decent effort to do now is make sure that we have rules that will apply also to legitimate social media groups and I really hope next time something like this happen we will have rules to follow.

Geronus: I have deleted OT comments. Stick to THIS CASE, PEOPLE.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on May 02, 2013, 04:44:15 PM
Do you have a case?
Shizzle said "lets put it behind". Woelfy said "Reporting it, when it is something so childish, seems a waste of the magistrates time."
They don't want to go ahead with this also Woelfy delete his char and his email account therefore deleting all and every evidence.

As I believe I have made clear, I do not regard this as a waste of time. Setting a standard of civility between players and maintaining a friendly atmosphere in this game are important goals. Again, I'm not advocating for locking Woelfy's account here, I simply do not find it acceptable to tell another player to go !@#$ himself. A warning will suffice to set a precedent to that effect.

I think the only decent effort to do now is make sure that we have rules that will apply also to legitimate social media groups and I really hope next time something like this happen we will have rules to follow.

I agree, which is why it is doubly important not to drop this case just because some people feel bad for Woelfy. By issuing a ruling, we will provide the community with a precedent that can help to guide players' future decisions on how they interact with other players. And keep in mind that it is entirely possible that the other Magistrates will vote Not Guilty. Vellos and I are just two voices. I haven't heard much at all from the other Magistrates other than Lavigna, who has recused herself from voting.
Title: Re: OOC Harrassment after comments on poor RP
Post by: egamma on May 03, 2013, 01:27:27 AM
All offtopic posts have been moved here: http://forum.battlemaster.org/index.php/topic,4222.0.html (http://forum.battlemaster.org/index.php/topic,4222.0.html)

A reminder about the Courthouse rules: (http://forum.battlemaster.org/index.php/topic,819.0.html)


Furthermore, a lot of the magistrate chatter was moved. I can't move that to the moderator sub-board, where it more properly belongs. Indirik or Tom can sort that out if needed.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Vellos on May 07, 2013, 07:21:30 AM
A verdict has been reached, and IG enforcement actions have been taken. For anyone who desires to cite this case in the future, the final verdict is:

"On the question of jurisdiction, the Magistrates reiterate the opinion expressed in the "Accusations of cheating on the forum" case, which states: "The Magistrates hold that they have jurisdiction in cases arising from the forum, provided that three conditions hold: first, that a connection between a forum account and a user ID exists; second, that forum moderators have already attempted to redress the issue by comment deletion or thread control as necessary; third, that such means have failed to resolve or end the dispute, and it is of such a nature as to arouse general concern or interest." The Magistrates further assert that these three criteria hold for essentially any directly BM-related, BM-originating case between BM players which is brought before them. While we do not intend (and lack any ability) to regularly monitor non-Battlemaster means of communications between players, we hold that if an issue is serious enough that the players involved bring it before us, we may rule on it provided we find that there is a compelling interest to do so.

"The Magistrates also assert that as this case is within their jurisdiction and has been brought before them, there is a compelling interest to rule on it, as the nature of the incident is both striking for the degree of hostility evinced and unprecedented as to the involvement of Social Media beyond the confines of the game or forum. Our hope is to set a precedent regarding player to player interactions that may be used as a guide by players moving forward. To put it simply, please be civil in your interactions with other players regardless of the medium. The Social Contract specifies a minimum standard of behavior toward your fellow players. It is our consensus that this standard should not be narrowly applied only to interactions within the game, but be treated as a general guideline for all interactions with other players of the game that concern the game itself.

"The Magistrates find the accused guilty of violating the Social Contract, which states:

"No verbal attacks, insults or harassment of other players. Err on the side of caution, especially if you don't know the other player well."

The message provided as evidence is clearly a verbal attack and insult. It is also highly venomous in nature, to a degree that is both striking and unusual when it comes to interactions between players. It is the consensus of the Magistrates that there is no place for such attacks in the Battlemaster community. Any provocation that could reasonably justify such a hostile response is likely to be itself a violation of the Social Contract and should be brought before us if the players involved cannot settle their differences in a civil fashion. Ultimately, one of the primary functions of both the Social Contract and the Magistrates is to promote a friendly atmosphere in the game and set minimum standards of behavior for the community to follow. We would therefore be remiss if we did not state clearly and unequivocally that vicious personal attacks directed at other players are not acceptable behavior. As this appears to be a one-time incident, the accused will be given a warning, and it is our hope that he will more carefully consider how he interacts with other players in the future."

Magistrates voted 5-1-1 (with Lavigna abstaining) for a guilty verdict with a warning.

This thread will remain open for any questions regarding the case.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Woelfy on May 07, 2013, 03:19:33 PM
Although when I was called a douchebag, in game, i was the one reprimanded....i have brought forward evidence of being continuously harassed in the past, and not a single thing was done then, or now.

This will be my last visit to the forum, or to have anything to do with the bm public at large. If I do receive further harassment, I shall report it, but I will not hold my breath that anything will actually be done on my behalf. I will likely deal with it in my own fashion, which is apparently: quite venomous.

Gratitude for showing me the clear breaks in this 'justice' system. Do not expect to hear much from me in the future, unless it is on Beluaterra.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Vellos on May 07, 2013, 04:42:53 PM
Although when I was called a douchebag, in game, i was the one reprimanded....i have brought forward evidence of being continuously harassed in the past, and not a single thing was done then, or now.

This will be my last visit to the forum, or to have anything to do with the bm public at large. If I do receive further harassment, I shall report it, but I will not hold my breath that anything will actually be done on my behalf. I will likely deal with it in my own fashion, which is apparently: quite venomous.

Gratitude for showing me the clear breaks in this 'justice' system. Do not expect to hear much from me in the future, unless it is on Beluaterra.

It's unfortunate you choose to receive the verdict that way.

Please do report any further harassment.
Title: Re: OOC Harrassment after comments on poor RP
Post by: egamma on May 07, 2013, 06:37:15 PM
Although when I was called a douchebag, in game, i was the one reprimanded....i have brought forward evidence of being continuously harassed in the past, and not a single thing was done then, or now.

You have not brought forth a single piece of evidence since 4/29, when this case opened.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on May 08, 2013, 04:07:18 PM
Although when I was called a douchebag, in game, i was the one reprimanded....i have brought forward evidence of being continuously harassed in the past, and not a single thing was done then, or now.

This will be my last visit to the forum, or to have anything to do with the bm public at large. If I do receive further harassment, I shall report it, but I will not hold my breath that anything will actually be done on my behalf. I will likely deal with it in my own fashion, which is apparently: quite venomous.

Gratitude for showing me the clear breaks in this 'justice' system. Do not expect to hear much from me in the future, unless it is on Beluaterra.

Please do not retaliate in kind. It's counterproductive and will not help your case.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on May 08, 2013, 05:08:57 PM
This case is so weird to me.

I abstained from the voting thus i can also state my mind openly after the closure of this case.

Infact i believe there is a loop hole in one of the most important cases we are called to decide upon and this is ooc harass.
I ask for both this case and the previous one including Kyle an appeal.
I find both cases a blur upon which we decided to rule lightly and poorly.

I cannot believe how you feel good about these rulings?

A person that so far complained of being harassed got reprimed and now someone else accuses him for harass and he gets reprimed yet again.

Now this is justice.

If with an error of ours we risk to make a player quit the game, then we are doing our job wrong.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Indirik on May 08, 2013, 06:00:07 PM
I don't disagree with you Lavigna. I understand that there may have been harassment against Kyle. But what can be done? While I trust you and Anaris completely, where is the evidence of who harassed him? Who did it? Where are the messages? Everyone involved has either refused to provide any evidence, said that they have no evidence to give, and refused to name any names. The Magistrates asked many times for evidence to support harassment claims against Kyle, none was provided.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Penchant on May 08, 2013, 08:13:37 PM
I don't disagree with you Lavigna. I understand that there may have been harassment against Kyle. But what can be done? While I trust you and Anaris completely, where is the evidence of who harassed him? Who did it? Where are the messages? Everyone involved has either refused to provide any evidence, said that they have no evidence to give, and refused to name any names. The Magistrates asked many times for evidence to support harassment claims against Kyle, none was provided.
That makes no sense. We know there is a problem, but we can't find evidence so we will just act like it is not happening. Some of you have very strange views on justice, IMO.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Anaris on May 08, 2013, 08:16:38 PM
That makes no sense. We know there is a problem, but we can't find evidence so we will just act like it is not happening. Some of you have very strange views on justice, IMO.

Unfortunately, at this point, I can't really fault the Magistrates very much.

Woelfy has certainly been wronged: of this I have no doubt.

However, he has also taken actions which were sure to produce the worst possible reactions from the Magistrates, and then refused to give the Magistrates an opportunity to correct their own mistakes, even when invited and encouraged to do so, simply because he had one bad experience with them before.
Title: Re: OOC Harrassment after comments on poor RP
Post by: egamma on May 08, 2013, 08:41:48 PM
That makes no sense. We know there is a problem, but we can't find evidence so we will just act like it is not happening. Some of you have very strange views on justice, IMO.


Knowing that "something" is happening, and knowing "exactly" what is happening, are not the same thing. How would you feel if the police threw you in jail for three days, simply because they "knew you were up to no good"? The Magistrates are basically a jury, and they can only rule based on the evidence they have. Otherwise, it's just a tyranny of opinion. That's not justice.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on May 08, 2013, 08:53:08 PM
That makes no sense. We know there is a problem, but we can't find evidence so we will just act like it is not happening. Some of you have very strange views on justice, IMO.

Would you blame the police for not doing anything about you being mugged if you never called them to report what happened?
Title: Re: OOC Harrassment after comments on poor RP
Post by: Penchant on May 09, 2013, 04:46:04 AM
Would you blame the police for not doing anything about you being mugged if you never called them to report what happened?

Knowing that "something" is happening, and knowing "exactly" what is happening, are not the same thing. How would you feel if the police threw you in jail for three days, simply because they "knew you were up to no good"? The Magistrates are basically a jury, and they can only rule based on the evidence they have. Otherwise, it's just a tyranny of opinion. That's not justice.
Both of these are not analogies that fit to this. This a judge convicting you of assault even though they know it was self-defense according to several witnesses with the judge's response being simply, "You didn't give us evidence on precisely how and who all attacked you so we will ignore the fact altogether."
Title: Re: OOC Harrassment after comments on poor RP
Post by: Vellos on May 09, 2013, 07:34:00 AM
Both of these are not analogies that fit to this. This a judge convicting you of assault even though they know it was self-defense according to several witnesses with the judge's response being simply, "You didn't give us evidence on precisely how and who all attacked you so we will ignore the fact altogether."

No, we don't know it was "self-defense." We would only know that if there was evidence of that. But there isn't. There is abundant evidence that lots of people think it was self-defense: there is not abundant evidence that it was self-defense. There's a huge difference.

Furthermore, the social contract does not afford players anything like a right to self defense. You bring your problems to the magistrates, or resolve them quietly and peaceably.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on May 09, 2013, 10:25:42 PM
I asked an appeal on two cases.

How come no one wants to judge upon the first case where Kyle was the complainer?
I asked the case to be re-opened  because i believe there was poor judgement. If Magistrates should decide exclusively upon evidence then anyone can do their job and we should turn this to an open vote.You are also asked to think, judge on your own , see behind evidence and find motives.

You are so focused to the surface that you fail to see everything beneath it.

If you want to actually contribute do re-read both cases and then ask yourselves how evidence worked on both cases.

Also i want the complainer against Kyle to explain what did he mean when he said the following:

"Karel Scherpereel
Holy !@#$, what's with the defensive attitude all the time. Give it a rest. Or QQ"

You said you didn't know who Woelfy is yet here you re asking him what's up with the defensive attitude - all the time- . All the time?

There is a blur here. And also you clearly see that someone is frustrated, you answer with QQ and then you repeat QQ.

QQ is a form of mockery.Sometimes such mockeries are worse than a vulgar insult.

As for the Magistrates :
You had evidence in the first case and you chose to ignore it while at your second decision you demand evidence in order to judge differently.That seems a little odd to me and wakes up a lot of questions.

Either you actually make it your goal to find the rest of those that should be punished for this case or you deal both parties equally.

The job of a Magistrate is to judge, not just punish blindly.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Indirik on May 09, 2013, 10:42:28 PM
Either you actually make it your goal to find the rest of those that should be punished for this case or you deal both parties equally.
The Magistrates tried to find out who the other party was, but no one spoke up, provided messages, or named names. So what were they supposed to do?



I asked an appeal on two cases.

How come no one wants to judge upon the first case where Kyle was the complainer?
Why was that first case never finished? I went back and looked, and can't see any reason why it wasn't. I mean, everyone involved was being a total ass, but that's no reason not to follow through and make a ruling. It would be pointless now, as the Ilyrians family that the case was filed against was locked quite some time ago.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Shizzle on May 09, 2013, 11:14:48 PM
Also i want the complainer against Kyle to explain what did he mean when he said the following:

"Karel Scherpereel
Holy !@#$, what's with the defensive attitude all the time. Give it a rest. Or QQ"

You said you didn't know who Woelfy is yet here you re asking him what's up with the defensive attitude - all the time- . All the time?

There is a blur here. And also you clearly see that someone is frustrated, you answer with QQ and then you repeat QQ.

QQ is a form of mockery.Sometimes such mockeries are worse than a vulgar insult.

Looking at the other Magistrates here; am I supposed to answer this? I don't think it's proper to drench up a closed case, certainly if you chose to abstain, Lavigna, and after a verdict has been reached.

Somehow I feel you still think I provoked Kyle other than those two messages on facebook. I already admitted they were inappropriate and explained I didn't consider QQ quite as offensive as others might, and I apologised. I'll readily admit following up with another QQ wasn't exactly grand of me either.

However you must realise that I had bitten my tongue two times before, when Kyle chose not to, and that this time I just didn't. Because these two incidents were long past (over 30 days) and without record, I didn't bring them up because they would be no more than defamation without grounds; equal to what I have been facing throughout this topic (mostly from you).

It appears you sympathise more with Kyle's case than I would expect from an (impartial?) magistrate.

In any case, I consider this case closed, as I believe all other parties involved do (including Kyle). I doubt I'll honour further requests for bits of information if the only reason you want them is to see me guilty, and really believe this whole debacle has wasted more than enough time for anyone involved (including Kyle).
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on May 10, 2013, 12:33:17 AM
Looking at the other Magistrates here; am I supposed to answer this? I don't think it's proper to drench up a closed case, certainly if you chose to abstain, Lavigna, and after a verdict has been reached.

Somehow I feel you still think I provoked Kyle other than those two messages on facebook. I already admitted they were inappropriate and explained I didn't consider QQ quite as offensive as others might, and I apologised. I'll readily admit following up with another QQ wasn't exactly grand of me either.

However you must realise that I had bitten my tongue two times before, when Kyle chose not to, and that this time I just didn't. Because these two incidents were long past (over 30 days) and without record, I didn't bring them up because they would be no more than defamation without grounds; equal to what I have been facing throughout this topic (mostly from you).

It appears you sympathise more with Kyle's case than I would expect from an (impartial?) magistrate.

In any case, I consider this case closed, as I believe all other parties involved do (including Kyle). I doubt I'll honour further requests for bits of information if the only reason you want them is to see me guilty, and really believe this whole debacle has wasted more than enough time for anyone involved (including Kyle).

I don't sympathize with Kyle, i know he was harassed.I asked to abstain because i would vote not guilty without second thought.That makes me impartial concerning the voting, but now i complain against two wrong decisions.

I don't know you but you make it difficult for me to understand when you complain but state you don't want him punished, the fact you say you didn't know him , then you realized you knew too much about him..it is so blury to me.

I have every right to ask for an appeal on a decision i consider wrong and in fact every player should do the same.

Apart the fact we shouldn't rule on matters brought up from Facebook when there were no rules.All i saw in that post was other players agreeing with him and answering back civilized , you throwing a QQ to him and then the counter attack.

Two points i want you to comment:

1)Quote:"Secondly, to provide documentation on the issue. For all I know (and now I do, from those other cases), Kyle has been harrassing other players. I can't say I am deeply traumatised by his attempt at insulting me, but others might have been. Perhaps recently joined players have already left because of him, something that can only be bad for BM as a whole."

You know what from other cases?Vellos posted 3 cases that had to do with harass,two of them were not connected to Kyle and the third that actually was , he was the c-o-m-p-l-a-i-n-e-r.And all that led you to the fact Kyle harasses other players?
Explain your logic on this.

2) Quote: "When I reacted on facebook I didn't even realise Kyle was Guile's player, it was only afterwards (when Skarxion added 'Jaeger sucks', and when I got Kyle's message)"

wait a second because earlier you said....

quote:"I just ignored the Guile family altogether. Also because I figured I might be the only one annoyed by these roleplays, and I didn't consider it my place to spoil others' fun any further. It was only after Kyle started a rather lame argument on facebook with no real content that I reacted again, admittedly not in the best way. However, I didn't just reply with QQ, as I was genuinly interested in what his big problem was."

Odd much?

Did you or didn't you know who he was?
Title: Re: OOC Harrassment after comments on poor RP
Post by: Velax on May 10, 2013, 03:48:25 AM
I have every right to ask for an appeal on a decision i consider wrong and in fact every player should do the same.

I would have thought the appeal should come from the player himself rather than from a third party.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Geronus on May 10, 2013, 05:48:39 AM
Why was that first case never finished? I went back and looked, and can't see any reason why it wasn't. I mean, everyone involved was being a total ass, but that's no reason not to follow through and make a ruling. It would be pointless now, as the Ilyrians family that the case was filed against was locked quite some time ago.

We decided not to because the Titans intervened in the whole Swordfell business. In the backroom we were moving toward issuing warnings to four of the players we knew were involved in all the OOC nastiness in Swordfell, which at the time included Kyle. There was also talk of following that up with forced deportations if the nastiness continued. Once we agreed to warnings however, it became a case of "OK, well the Titans already warned everyone so... What would be the point of us doing it too?" In retrospect we probably should have clarified this in the case thread itself to make it clear what our consensus was to all involved. This is something I am happy to rectify if we can all agree it's worth doing. It is also worth noting that there was a strong consensus among the Magistrates about this. The only thing we were quibbling about really was the details (locks or a warning).
Title: Re: OOC Harrassment after comments on poor RP
Post by: Shizzle on May 10, 2013, 09:09:27 AM
I don't sympathize with Kyle, i know he was harassed.I asked to abstain because i would vote not guilty without second thought.That makes me impartial concerning the voting, but now i complain against two wrong decisions.

I don't know you but you make it difficult for me to understand when you complain but state you don't want him punished, the fact you say you didn't know him , then you realized you knew too much about him..it is so blury to me.

I have every right to ask for an appeal on a decision i consider wrong and in fact every player should do the same.

Apart the fact we shouldn't rule on matters brought up from Facebook when there were no rules.All i saw in that post was other players agreeing with him and answering back civilized , you throwing a QQ to him and then the counter attack.

Two points i want you to comment:

1)Quote:"Secondly, to provide documentation on the issue. For all I know (and now I do, from those other cases), Kyle has been harrassing other players. I can't say I am deeply traumatised by his attempt at insulting me, but others might have been. Perhaps recently joined players have already left because of him, something that can only be bad for BM as a whole."

You know what from other cases?Vellos posted 3 cases that had to do with harass,two of them were not connected to Kyle and the third that actually was , he was the c-o-m-p-l-a-i-n-e-r.And all that led you to the fact Kyle harasses other players?
Explain your logic on this.

2) Quote: "When I reacted on facebook I didn't even realise Kyle was Guile's player, it was only afterwards (when Skarxion added 'Jaeger sucks', and when I got Kyle's message)"

wait a second because earlier you said....

quote:"I just ignored the Guile family altogether. Also because I figured I might be the only one annoyed by these roleplays, and I didn't consider it my place to spoil others' fun any further. It was only after Kyle started a rather lame argument on facebook with no real content that I reacted again, admittedly not in the best way. However, I didn't just reply with QQ, as I was genuinly interested in what his big problem was."

Odd much?

Did you or didn't you know who he was?

I replied to your previous post out of courtesy, but honestly I don't intend to waste any more time on this; I won't even read your wall of text. Unless other magistrates believe I should, of course, or if Kyle himself asks for clarification.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on May 10, 2013, 09:25:20 AM
I would have thought the appeal should come from the player himself rather than from a third party.

I am not a third party at all.We are talking about two decisions which raise questions upon the ruling versus harass complains in general.

I am not asking both cases to be re opened so just Kyle can benefit from them. This is mostly me against those two decisions because it appears we are ruling lightly in such an important case and that practicaly sets the base for further decisions.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on May 10, 2013, 09:27:49 AM
I replied to your previous post out of courtesy, but honestly I don't intend to waste any more time on this; I won't even read your wall of text. Unless other magistrates believe I should, of course, or if Kyle himself asks for clarification.

You don't convince me.At all.

Infact these are questions you should have answered before any decision was taken.

Waiting for other Magistrates to tell you if you should answer?Now that's mature.

I asked two questions, i didn't send the Spanish Inquisition after you.The least you can do after filling a questionable complain is to support it.

Do learn that just one decision is not enough to end a case. Decisions are not golden rules, they can always change and in this particular case, should change.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Shizzle on May 10, 2013, 09:31:41 AM
You don't convince me.At all.

Infact these are questions you should have answered before any decision was taken.

Waiting for other Magistrates to tell you if you should answer?Now that's mature.

I asked two questions, i didn't send the Spanish Inquisition after you.The least you can do after filling a questionable complain is to support it.

Do learn that just one decision is not enough to end a case. Decisions are not golden rules, they can always change and in this particular case, should change.

Wether the case is ended or not is my decision to make, but sincea verdict has been reached, it seems all other Magistrates agree this case is closed.

It's not my task to convince you; apparently the other Magistrates have been convinced already.

Yes, you asked me two questions, but you asked questions before as well, and I'm sure more will follow.

If you really think I am guilty of something, and Kyle is not, you shouldn't have abstained. If you regret this decision, don't take it out on me; you chose not to have an opinion.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on May 10, 2013, 09:39:15 AM
You fail to understand what abstain means.

I abstained because since i know first hand the ooc harass this player has received so my decision would be biased.Even after stating i abstained i still supported my opinion , abstaining to a voting does not mean silencing yourself.

I do believe there is something weird about your complain and the fact you twisted your own words on multiple occasions.

I believe these decisions are wrong and i am trying to fix that before a wrong decision becomes a pattern for others to use and take advantage of.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Gustav Kuriga on May 10, 2013, 10:00:44 AM
You fail to understand what abstain means.

I abstained because since i know first hand the ooc harass this player has received so my decision would be biased.Even after stating i abstained i still supported my opinion , abstaining to a voting does not mean silencing yourself.

I do believe there is something weird about your complain and the fact you twisted your own words on multiple occasions.

I believe these decisions are wrong and i am trying to fix that before a wrong decision becomes a pattern for others to use and take advantage of.

Actually, abstaining is the act of removing oneself from the process in which the voting is taking place... meaning yes, you did silence yourself. Besides which, you ARE a third party. You are not the accused or the accuser, therefore you are a separate party from the two, the very definition of third party. If there was harassment, bring up the proof, I don't know how many times we have to say it in this thread.
Title: Re: OOC Harrassment after comments on poor RP
Post by: Lavigna on May 10, 2013, 10:41:04 AM
Quit it with the proof already.Proof was given in the past and we chose to ignore.Do read the damn complain.

Do i really have to turn this to a complain to get some attention?Then i shall.

There are two decisions that apart the fact they have the same case in discussion, two different kind of decisions were taken that affect the same person and punish the same person when in one of the he is the complainer himself.


Is it so difficult for you to consider the fact that sometimes decisions of Magistrates and Titans can be wrong?
For you the fact that the complainer change his statements about knowing who Kyle was is somethng no one should look into?
How can you choose to be so one sided on this?

I abstained from the voting, i am not complaining about the voting procedure though, i am complaining about wrong decisions, poorly taken so the fact i abstained is irrelevant.

I am not asking for these cases to re open just so Kyle gets judged differently. These decisions will affect future decisions and it is an important matter to which you give little credit.
Quit it with the proof and evidence and start using your brain as well, Law and Justice is not just evidence , for the love of god if i hear this once more i will start tearing my hair off.

Title: Re: OOC Harrassment after comments on poor RP
Post by: Indirik on May 10, 2013, 03:28:39 PM
I would like to make some clarifications here on Courthouse rules and procedures:
http://forum.battlemaster.org/index.php/topic,819.0.html

Lavigna:
Quote
There is no appeal. If you think the decision was totally wrong, you can try to mail tom@battlemaster.org - but your chances aren't very good. Unless the decision is obviously faulty, I will stand behind my Magistrates.
There is no appeal. If you think a case was handled improperly, the you have one, and only one, course of action: Email Tom. There is no appeals process. There is no reopening of old cases.

Velax:
Quote
You can, and in fact are encouraged to, bring cases even if you are not affected. If you see someone violating the right of another player, do speak up on behalf of that other player. He may not dare to or know how.
Anyone can bring up a case, even if they are not the perpetrator or the victim. If Lavigna sees that something is wrong, even if she is not involved directly, she can bring it to the Magistrates.

Everyone:
This thread remains open for the sole purpose of a short discussion to clarify the verdict of this case. It is not here for general discussion, discussion of the Magistrates proceedings, or to discuss the outcome of some other case. If you have some general questions or comments, or wish to discuss this case at length, then please open a thread on the Questions and Answers board: http://forum.battlemaster.org/index.php/board,36.0.html
Title: Re: OOC Harrassment after comments on poor RP
Post by: Indirik on May 10, 2013, 05:38:26 PM
This thread is done. Reposting the verdict for the Magistrates and locking.

A verdict has been reached, and IG enforcement actions have been taken. For anyone who desires to cite this case in the future, the final verdict is:

"On the question of jurisdiction, the Magistrates reiterate the opinion expressed in the "Accusations of cheating on the forum" case, which states: "The Magistrates hold that they have jurisdiction in cases arising from the forum, provided that three conditions hold: first, that a connection between a forum account and a user ID exists; second, that forum moderators have already attempted to redress the issue by comment deletion or thread control as necessary; third, that such means have failed to resolve or end the dispute, and it is of such a nature as to arouse general concern or interest." The Magistrates further assert that these three criteria hold for essentially any directly BM-related, BM-originating case between BM players which is brought before them. While we do not intend (and lack any ability) to regularly monitor non-Battlemaster means of communications between players, we hold that if an issue is serious enough that the players involved bring it before us, we may rule on it provided we find that there is a compelling interest to do so.

"The Magistrates also assert that as this case is within their jurisdiction and has been brought before them, there is a compelling interest to rule on it, as the nature of the incident is both striking for the degree of hostility evinced and unprecedented as to the involvement of Social Media beyond the confines of the game or forum. Our hope is to set a precedent regarding player to player interactions that may be used as a guide by players moving forward. To put it simply, please be civil in your interactions with other players regardless of the medium. The Social Contract specifies a minimum standard of behavior toward your fellow players. It is our consensus that this standard should not be narrowly applied only to interactions within the game, but be treated as a general guideline for all interactions with other players of the game that concern the game itself.

"The Magistrates find the accused guilty of violating the Social Contract, which states:

"No verbal attacks, insults or harassment of other players. Err on the side of caution, especially if you don't know the other player well."

The message provided as evidence is clearly a verbal attack and insult. It is also highly venomous in nature, to a degree that is both striking and unusual when it comes to interactions between players. It is the consensus of the Magistrates that there is no place for such attacks in the Battlemaster community. Any provocation that could reasonably justify such a hostile response is likely to be itself a violation of the Social Contract and should be brought before us if the players involved cannot settle their differences in a civil fashion. Ultimately, one of the primary functions of both the Social Contract and the Magistrates is to promote a friendly atmosphere in the game and set minimum standards of behavior for the community to follow. We would therefore be remiss if we did not state clearly and unequivocally that vicious personal attacks directed at other players are not acceptable behavior. As this appears to be a one-time incident, the accused will be given a warning, and it is our hope that he will more carefully consider how he interacts with other players in the future."

Magistrates voted 5-1-1 (with Lavigna abstaining) for a guilty verdict with a warning.

This thread will remain open for any questions regarding the case.