Author Topic: Offtopic  (Read 27419 times)

Shizzle

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Re: Offtopic
« Reply #30: May 01, 2013, 11:44:54 PM »
I fully agree with the way he has tried to defend himself, and tbh to see Shizzle suddenly apologetic the moment the teacher/professor/parents are involved reflects who he is.

This is both slanderous and untrue. In no way am I apologetic; I did nothing wrong.

And you even agree with the way he defended himself? You think it's acceptable to take a public discussion to a personal level, with the only intent to bully and insult someone into submission?

If Kyle, after all I wrote on here, or others, still think I am somehow part of this apparent OOC clique against him, they're either being stupid or malevolent.

Vellos

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Re: Offtopic
« Reply #31: May 01, 2013, 11:54:31 PM »
This, I think, is the most important part of this post to take note of, and it has actually made me change my mind on the question of whether any punishment should be levied upon Woelfy/Kyle.

If the Magistrates treat the law like a straitjacket, being bound by the feeling that they must punish any perceived violation, then they are abdicating their responsibility to provide justice, and not merely punishment.

As has already been pointed out, Kyle has voluntarily taken the second-worst action that can ever be used as a punishment in BattleMaster: he has deleted his character. The only punishment we have that is worse than that is a permanent account lock. So aside from telling him, "Please don't do that again," what, exactly, do you think would be an appropriate punishment for Kyle at this point?

Justice requires more than an iron grasp of the law. It requires compassion, and the ability to see when someone is, despite what their immediate actions may be, a victim, for whom a punishment for their actions will simply serve to alienate them from the community and cause further stress—in other words, to amplify significantly the effects that those harassing him have already been having on him.

Yeah, let's ignore the part of the rules about harassment and side with the offender and blame the victim. That's awesome. Then we can call it justice and be done.

Bologna. Again, it seems entirely possible that Kyle was harassed too. He should bring up a report. But right now, I hear a coach in Steubenville saying they were nice kids, good players, people whose lives we don't want to muck up with unpleasant experiences. What recompense should be given to Karel? "Sorry, the guy who harassed you has a lot of friends and did a rage quit, there just ain't anything to be done!"

So, again, Kyle: PLEASE report any incidents of harassment. And maybe this time we'll be able to do something about it instead of, like last time you reported, lumping you in the same action as the people you report.

But for now, for this case, we don't get the luxury of redefining the case along some nebulous grounds of each of our abstract ideas of justice. Magistrates should try and, you know, enforce the rules. And reacting to a mildly stated comment (again, just going from the evidence provided) with a string of profanities and personal insults is not playing with friends, and it has been a long time since I've seen any interaction between Kyle and any player which could be deemed as any kind of friendly.
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Anaris

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Re: Offtopic
« Reply #32: May 02, 2013, 12:23:04 AM »
Yeah, let's ignore the part of the rules about harassment and side with the offender and blame the victim. That's awesome. Then we can call it justice and be done.

Right. That is exactly what you are doing.

Quote
Bologna. Again, it seems entirely possible that Kyle was harassed too. He should bring up a report. But right now, I hear a coach in Steubenville saying they were nice kids, good players, people whose lives we don't want to muck up with unpleasant experiences. What recompense should be given to Karel? "Sorry, the guy who harassed you has a lot of friends and did a rage quit, there just ain't anything to be done!"

No. What you hear is a bunch of people saying, "We know he was harassed. We saw some of it, he told us about more."

That's a very different thing that a bunch of people just saying, "He's such a nice guy! Why don't you just go easy on him?"

If you can't see that, then I seriously question your ability to tell useful evidence from useless.

Remember, Vellos, this isn't a US court of law. There's no chain of custody, and no rigorous standards of evidence. It is not anathema to take into account what one knows of the character of a given person, whether they be complainant, accused, or witness, in determining how to weigh their testimony.
Timothy Collett

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Lavigna

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Re: Offtopic
« Reply #33: May 02, 2013, 12:57:09 AM »
But for now, for this case, we don't get the luxury of redefining the case along some nebulous grounds of each of our abstract ideas of justice. Magistrates should try and, you know, enforce the rules. And reacting to a mildly stated comment (again, just going from the evidence provided) with a string of profanities and personal insults is not playing with friends, and it has been a long time since I've seen any interaction between Kyle and any player which could be deemed as any kind of friendly.

Your denial to connect this complain to his own complain some months ago is beyond weird to me.

This is no law enforcement.This is having the law screwing Kyle twice in order to give an example. I don't want to be part of this example.

There is so much more that this case requires than just evidence, mostly when evidence in the past was given and was ignored.

Let's not try to make  right out of a wrong by committing wrong twice.
Suck my socks! I kill for Darka! -KK-

Lefanis

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Re: Offtopic
« Reply #34: May 02, 2013, 05:09:31 AM »
It's been apparent from the Dwilight forums that some sort of needling has been going on amongst the players of Swordfell, who are unable to resolve their IC problems and have resorted to OOC means. Both the IC RPs and trolling on the forums were extremely distasteful, and I've got to agree that it looks like they were doing their best to get a rise out of Kyle. I don't agree he should be punished for that.

The response now cannot be that he didn't bring his complaints to the Magistrates, and therefore lacks any evidence to prove he was being harassed.

Quote from: Vellos
Magistrates should try and, you know, enforce the rules.
Sure, but that's no reason to ignore the spirit or intent of those rules. If magistrates were just meant to read the rulebook and throw it at the defendants, even a simple program might be able to do that. Judging on a case without looking at the background behind the incident, what the players involved have to say, and the observed character of the people involved would be a miscarriage of justice.
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Gustav Kuriga

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Re: Offtopic
« Reply #35: May 02, 2013, 05:14:55 AM »
Right. That is exactly what you are doing.

No. What you hear is a bunch of people saying, "We know he was harassed. We saw some of it, he told us about more."

That's a very different thing that a bunch of people just saying, "He's such a nice guy! Why don't you just go easy on him?"

If you can't see that, then I seriously question your ability to tell useful evidence from useless.

Remember, Vellos, this isn't a US court of law. There's no chain of custody, and no rigorous standards of evidence. It is not anathema to take into account what one knows of the character of a given person, whether they be complainant, accused, or witness, in determining how to weigh their testimony.

Well if you saw some of it, then show it. I don't care if you're a dev. Witnesses are also notoriously unreliable, as has been proven time and again by studies into witness testimony. Why should we trust someone who doesn't have any evidence besides saying "It didn't happen like that, I swear." If that's the step we took when someone is using multi abuse, we wouldn't have caught that player in Aurvandil (eventually).

This is getting ridiculous, if we start basing things in this manner, it'll become like astroempires. And trust me, that's the last thing you want. Seriously, this trial is starting to sound like a parade of excuses. First it was "We don't have the right to police outside of this site." Now it's becoming "Evidence doesn't matter."

It is in every Judge's , or Magistrates job to act with his own logic when a case doesn't belong to black or white,because rules are black and white.

When the case itself is questionable, the rules are loose at vital points concerning the case,there is lack of evidence by both sides in order to enforce their statements, then we are called to think out of the box as well.

This how law works and the product of the law is law itself.

Except, surprise, we do have evidence. Against Kyle. I'm sorry if you don't like that and think he's a great guy. Well that's just swell. Why don't we let someone else order people not to go to a tournament. I mean, he's such a good guy, he should be allowed to get away with it.

I'm sorry, but this is starting to go down the slippery slope that is denial.
I should note that while I have spoken up on Kyle's behalf, I am entirely neutral on the subject of whether any punishment is warranted in this case.

I just think that if Kyle is punished, those who goaded him continually for the joy of seeing him lash out should be punished more severely.

And yes, I recognize that this means that Kyle must report them and provide evidence himself.

And whatever happened to this Anaris? You seem to be very hypocritical in your posts regarding being "neutral" in regards to whether punishment is warranted in this case. If you want to argue that he was harassed, well why don't you open, I don't know, a report against the people who did so. I'm sure that would be very helpful in showing that he was, in fact, harassed, rather than this being a group of people supporting someone by spitting in the face of evidence.

And so what if this isn't a court of actual law, it should still have actual standards regarding what is admissible and what is just the words of someone who has no proof. If we went about things like you wish them to be, I could just gather a group of my friends, create an incident, and have them support me with testimony about how the other side was doing worse stuff and I just responded. Oh, so many people are saying that I am not to blame, so I am most definitely innocent. See how much of a slippery slope that is? We've already set a precedent that whether or not someone is apologetic (which Kyle most definitely appears not to be) they still broke a rule, and breaking rules have consequences.

Gustav Kuriga

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Re: Offtopic
« Reply #36: May 02, 2013, 05:20:44 AM »
It's been apparent from the Dwilight forums that some sort of needling has been going on amongst the players of Swordfell, who are unable to resolve their IC problems and have resorted to OOC means. Both the IC RPs and trolling on the forums were extremely distasteful, and I've got to agree that it looks like they were doing their best to get a rise out of Kyle. I don't agree he should be punished for that.

The response now cannot be that he didn't bring his complaints to the Magistrates, and therefore lacks any evidence to prove he was being harassed.
Sure, but that's no reason to ignore the spirit or intent of those rules. If magistrates were just meant to read the rulebook and throw it at the defendants, even a simple program might be able to do that. Judging on a case without looking at the background behind the incident, what the players involved have to say, and the observed character of the people involved would be a miscarriage of justice.

Based on what? I'm sorry, but I haven't seen anything beyond the original post that is evidence from Kyle's side. Other than that, the only actual hard evidence we've been getting is from Shizzle. Everyone else is making claims, but not doing anything to back it up other than saying "this is how it actually was, but I won't show you anything to prove it." I'm sure the Titans have some evidence to the contrary, and if they'd like to put it in, great. But until that day, we work with what we have and what we have points to Kyle as being extremely venomous to a fellow player.

jaune

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Re: Offtopic
« Reply #37: May 02, 2013, 07:07:48 AM »
I have been reading this topic...

You guys want to permalock Woelfy? Or what you want from him?

I reallly dont understand what punishment he can still get which would be even close to be "fair" punishment for one angry OOC/OOG message?

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Vellos

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Re: Offtopic
« Reply #38: May 02, 2013, 07:24:04 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.

Same.
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Re: Offtopic
« Reply #39: May 02, 2013, 12:58:19 PM »
You are not serious right? You are gonna rule a case about something said on a FB group WHICH IS NOT AN OFFICIAL BM GROUP WITH NO RULES? THIS IS A JOKE.

You are try harding to play lawyers and judges here in this case.
« Last Edit: May 02, 2013, 02:28:57 PM by Skiarxon »

Penchant

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Re: Offtopic
« Reply #40: May 03, 2013, 02:33:38 AM »
You are not serious right? You are gonna rule a case about something said on a FB group WHICH IS NOT AN OFFICIAL BM GROUP WITH NO RULES? THIS IS A JOKE.

You are try harding to play lawyers and judges here in this case.
Actually that is not true. They want to rule on a private message on FB. Kyle did not publicly slander Karel, he stated his opinion in an angry manner.
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Indirik

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Re: Offtopic
« Reply #41: May 03, 2013, 03:53:17 AM »
It was not in a PM. It was a public posting to the BM group.

Derp... nvm. The thread that started this whole mess was a public thread in the group, but the actual complaint was for a private message. Sorry for the confusion.
« Last Edit: May 03, 2013, 04:23:20 AM by Indirik »
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Penchant

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Re: Offtopic
« Reply #42: May 03, 2013, 04:13:28 AM »
It was not in a PM. It was a public posting to the BM group.
Really? That changes my opinion a bit.
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Lefanis

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Re: Offtopic
« Reply #43: May 03, 2013, 04:21:34 AM »
It was not in a PM. It was a public posting to the BM group.

Both. The message by Kyle that Karel released in the original complaint was private, but the context to it was public on the BM Facebook page.
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Shizzle

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Re: Offtopic
« Reply #44: May 03, 2013, 11:43:24 AM »
Both. The message by Kyle that Karel released in the original complaint was private, but the context to it was public on the BM Facebook page.

This is exact.