Permanent Ban Appeal

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Loonite
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Permanent Ban Appeal

Post by Loonite » 25 Apr 2016, 03:52

Your Byond ID: Loonicus

Character Name: Francis Turitiro

Admin who banned you: Ordukai

Total Ban Duration: Permanent

Remaining Duration: N/A

What other servers do you play on? /vg/, /tg/, (Inactive on both for considerable time now)

Are you now or have you been banned on any of them? No, or at least not for any offenses serious enough for me to remember.

Reason for ban (Exactly what the WHOLE text says, if there's a Code (X##XXX##) and you don't give it, you can't be unbanned): L25APR16 ERP PERMABAN -Writing porn counts

Link to previous appeals for the same ban (if applicable): N/A

Your appeal, including evidence (screenshots, etc): I understand that ERP ban appeals are not typically accepted as per Rule 7, but in this case I believe an exception can be made on the basis of several points:

1. Ignorance: Although obviously ERP is banned as per server rule 7, nowhere in the rules does it state that the creation of pornographic books is not allowed. I was completely unaware that the creation of books that might be considered ERP was against the rules. If I had known, I would not have done it. Furthermore, I am more accustomed to the looser ERP rules on other servers, where the creation of such books is not considered ERP.

2. Solitary nature of the ERP in Question: At no time did I attempt, nor intend to attempt, to read any stories over the radio or direct spoken word. The only people who read the stories were ghosts who chose to read it off the ground of my prison cell, and a lone military police officer who read it. Nobody was subjected to the stories without willfully doing so themselves.

3. Murky Rules on the Subject: Rule 7 explicitly states that it is against the rules to read pornographic books. At no time did I attempt, nor intend to attempt, to read any of my books over any kind of communication, be it the radio or spoken word. Therefore it is questionable whether Rule 7 applies to this case. Note that rule 7 explicitly states "This includes reading stories about ERP but not participating directly (WGW)." Again, at no point were the stories read in any way, shape, or form.

4. Clean Record: I have been playing on this server for several months now, and played even back in pre-alpha. Since then, I have had no strikes against my record (that I know of) nor have I previously broken any of this servers rules. For the most part, the same can be said for any other of the servers that I have played for years on without any major issues. I understand that in an admittedly murky case such as this one Rule 0 could come into play, but I trust that my flawless record will speak for itself. I am not here to cause trouble, and I do not intentionally break rules. Therefore, I believe some form of leniency is appropriate.

To summarize: I was imprisoned, bored, and had absolutely nothing to do for an hour. I wrote stupid books that, in hindsight, I should not have written. I did so because I was ignorant of that fact that writing them was against the rules. If I had known, I would not have done it, and if given another chance, I would not do it again.

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Lycanthorph
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Re: Permanent Ban Appeal

Post by Lycanthorph » 25 Apr 2016, 08:41

I was playing the Military Police officer, Trent Hawker, that arrested him that round and as far as I remember, he didn't read out his "masterpiece" over the radio. I gave his "masterpiece" novel a glimpse out of sheer curiosity while I was transferring him from solitary to standard cell and when I ghosted after death. When I was corresponding with Ordukai over private messages in-game that he might " start reading his porn novel over the radio ", I said it as an exagaration and a joke that he might go insane in solitary. At the time, I wasn't aware of the "work of art" that he has written, but I would just like to confirm that while I was in-game and alive, he didn't read out his book over the radio or out loud.

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TR-BlackDragon
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Re: Permanent Ban Appeal

Post by TR-BlackDragon » 25 Apr 2016, 08:58

The reason anything to do with ERP I'd perma banned, is because we are not an 18+ only site. We also cater to children of all ages. ERP causes legal issues. This is a serious issue. I'll have to speak with apop and rahlzel about this.

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Ordukai
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Re: Permanent Ban Appeal

Post by Ordukai » 26 Apr 2016, 02:09

A couple of points worth mentioning, critical or no:
  1. I am aware of what you said about him not reading it over the radio, Lycanthorph, and I didn't notice him read it over the radio after your ahelp either.
  2. As Apop was on at the time, when I explained the situation over Msay, or more specifically soon after I placed the '10 day ban pending perma ban' apop went ahead and placed the perma right then and there, which explains the lack of Perma-request post (For all you staff members theoretically scratching their heads, although I believe ERP is the one time we're allowed to skip straight to permabanning).
  3. I embellished my '10 day ban pending perma' ban reason slightly. Saying the two players (One of whom was Lycanthorph) were "Subjected" to that WGW-esque story is more a reflection of my own opinion of the story itself (Which definitely fell under the "WGW-esque" category). From their LOOC comments, they didn't mind reading what was written there. I'm uncertain as to how much that influenced Apop's decision, if at all.
  4. But most importantly, from what I know the real issue falls under Actual Scary US Legal Law Stuff (ASUSLLS). You see, since our server is hosted in Chicago, we fall under the Asuslls' in that area. One of which is COPA, which deals with the trials of children being shown porn on the internet or something like that. To avoid an Actual Scary US Legal Suit (ASULS), we need to be able to show that we're actively working against random children being shown porn on our server. Part of this is the 0 tolerance policy towards ERP. Imagine Apop facing the judge during an ASULS, he'd want to be able to prove his innocence.
    This way, he can point towards A)The 0 tolerance policy and say that it's clearly shown in our server rules and B)Your permaban and say that we followed up on it. Something like that, anyways.
That's only a general understanding of point 4, by the way. I may well be wrong on a couple of things there, but I summed it up to the best of my ability. So even though you only affected two others (Discluding Keywii and myself who responded to the issue), it doesn't strike me as TOO bad, they seemed OK with it as I said. The problem is who you might have affected, and us being able to say that we're working against that... er... affectioning.
TLDR: Go back and read it. I spent time writing that, ya know.

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apophis775
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Re: Permanent Ban Appeal

Post by apophis775 » 04 May 2016, 18:49

Rule 0.1: Ignorance is not an excuse

And, I'm going to have to say Denied for now. We take ERP INCREDIBLY seriously, due to the legal issues that may arise from subjecting minors to sexual content.

And it's not exactly COPA, but more some similar laws that could cause issues due to exposing minors to "harmful" content as defined by US Code 47, Article 254.

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Feweh
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Re: Permanent Ban Appeal

Post by Feweh » 13 May 2016, 01:47

Denied and locked

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