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Jester Trek Latest Blog

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Xuixien
Solar Winds Security Solutions
#1641 - 2014-03-26 02:43:47 UTC
PinkPanter wrote:
Xuixien wrote:
PinkPanter wrote:
baltec1 wrote:
PinkPanter wrote:


Go find it goon. I ain't gonna hold your hand. It's a tuff world and if you don't like my answers you can stop posting and leave oh and HTFU etc etc etc.

Kinda funny don't you think?


You are the one saying E1 has broken the EULA. You have to show the evidence to back up your claim, not me.


I don't have to do anything. I'm only stating my opinions and certainly not trying to teach a goon reading comprehension.

And that's because I was active in the shittani thread and no matter what was stated you knew better. There's just no point.


Saying "It's against the EULA" is not an opinion. You're making a claim to something being a fact.


It must be since there are exactly two sides in this topic both strongly believing they are correct.

Another example of different perspective and while in EULA case only it's creators have the last words on its interpretation, in E1 case it's all about moral limits.

Those are facts and quite obvious actually problem is CCP is a money hungry ***** so it will do whatever serves best it's interests and it will have nothing to do with moral or legal implications. Just business.


Okay let's recap:

You said it was against the EULA. You were asked to quote it. You made an excuse not to, and are now saying "well it's up to CCP's interpretation".

Just wanting to make sure I have this straight.

Epic Space Cat, Horsegirl, Philanthropist

PinkPanter
Valhalla Drinking Team
#1642 - 2014-03-26 02:44:00 UTC
baltec1 wrote:
Infinity Ziona wrote:
Xuixien wrote:
Salvos Rhoska wrote:
Mario Putzo wrote:
Then why didn't he leave the conversation?


Its irrelevant. Mail him and ask yourself if you wish for an answer to that question.

None of what happened in the TS "Bonus Room" is any of CCPs concern or business.

What is of concern to CCP and the community at large, is Erotica1s activities of actively predating on the community for victims with ingame scams that he extends to OUTSIDE THE GAME.

You cant do that. Its against the EULA.

Scams are fine within the game, it is NOT ok to scam people OUTSIDE the game.


Does CCP really have jurisdiction outside of the game?

They have a responsibility to their users to exercise due care and diligence. If they are aware that a player (erotica 1) is deliberately targeting vulnerable players, using the game to manipulate them into going onto teamspeak to be subjected to humiliation, bullying and harassment to the extent that the player could potentially harm themselves or cause harm to others then they have a responsibility to deal with that since its originating in game.

There is also a section in the EULA which deals with criminal acts. Recording and publishing information that should be private, as in private conversations is defamation, is a breach of privacy. You cannot record a private conversation and publish that conversation on the EvE forums without breaking the law. The person must be told they are being recorded and the person must give consent to that recording being published.

If Erotica 1 was using a 3rd party website to lure victims for its sick game then that'd be different but he is using in game and the EvE O forums.



You should listen to the recording before you comment.


Most of us did. That's what happens when some people are deliberately pushed to their limit. If you think actions leading to provoke such response have no consequence then you are delusional.
Infinity Ziona
Sebiestor Tribe
Minmatar Republic
#1643 - 2014-03-26 02:44:18 UTC
EI Digin wrote:
Infinity Ziona wrote:
There is also a section in the EULA which deals with criminal acts. Recording and publishing information that should be private, as in private conversations is defamation, is a breach of privacy. You cannot record a private conversation and publish that conversation on the EvE forums without breaking the law. The person must be told they are being recorded and the person must give consent to that recording being published.


I don't think you know how the law works.

I'm a qualified paralegal.

CCP Fozzie “We can see how much money people are making in nullsec and it is, a gigantic amount, a shit-ton… in null sec anomalies. “*

Kaalrus pwned..... :)

Mario Putzo
#1644 - 2014-03-26 02:44:23 UTC
Quote:
The Mittani dropped character, became Alex, and is doing that. And I sincerely believe that he means it. Does that mean The Mittani is gone? Hell no, he'll be back.

Bad pennies always turn up.

But Alex is back there trying to make this right. Let's talk consequences.

Should Mittens lose his position as CSM Chair over this? My feeling is no, he should not. His offer to resign is noble, but not warranted. There should definitely be consequences from this, and the act of contrition and the ISK are a great start. But he should not lose his CSM position nor his Chairmanship over this in my opinion. Smart people do dumb things. Bill Clinton performed a sex act with a woman not his wife in the White House. No one has died here, been harmed, or been publicly humiliated in real life. There's a blue dress here, sure. I doubt Mittens will be wearing a wizard hat or drinking to excess again any time soon. And an EVE player nobody knew has been thrust into the spotlight, but he doesn't currently seem to be in any danger of suicide. In fact, aside from a little bit of apathy (which I'm told by someone with reason to know is actually a bit troubling), he doesn't seem overly impacted or troubled by this at all. I've looked at the EVE Terms of Service, and it would take a real **** to try to argue that they've been breached.


http://jestertrek.blogspot.ca/2012/03/hats.html

Ripard Teg ladies and gentlemen.

Lets ban a guy for scamming, but hey Mittens should be ok as a CSM for telling a kid to literally kill himself.

SLOW CLAP Ripard SLOW CLAP.
Nevyn Auscent
Broke Sauce
#1645 - 2014-03-26 02:44:57 UTC
baltec1 wrote:


You should listen to the recording before you comment.

So it's ok to torment, harass, belittle, and otherwise engage in cyber bullying (Which is categorised as a real crime by most countries akin to assault) as long as you wind your victim up to the point at which they snap?

I'm sorry, but just no. You are trying to justify abuse by 'the victim got aggressive back to me'

That flag simply doesn't fly. And if you honestly think it does, well then I'm disgusted at you also, and everyone else who thinks that excuses Erotica's outright revolting & knowingly abusive behaviour.
Xuixien
Solar Winds Security Solutions
#1646 - 2014-03-26 02:45:04 UTC
Shizuken wrote:
Infinity Ziona wrote:


Recording and publishing information that should be private, as in private conversations is defamation, is a breach of privacy. You cannot record a private conversation and publish that conversation on the EvE forums without breaking the law.



Indeed. It violates nearly every US wiretap statute.


Not if you say you consent to being recorded and are aware that the recording may be posted to social media sites. This happens in... every... Bonus Round.

Epic Space Cat, Horsegirl, Philanthropist

Kaarous Aldurald
Black Hydra Consortium.
#1647 - 2014-03-26 02:45:23 UTC
LUMINOUS SPIRIT wrote:
Looks like E1 and Co. are trying to do damage control and shift blame anywhere they can.

First they tried shifting to the victim. Community didint buy that BS.

Now E1 is trying to shift blame on Ripard.

Frankly, it smacks of desperation.

Permabans for E1 and Co.

Say NO to cyber-bullying and emotional **** of vulnerable people.


I counter with: Perma ban people who try and equate loss in a videogame to sexual assault, or other real crimes in real life.

Because if you think that being made fun of is some kind of capital crime, you're deranged.

"Verily, I have often laughed at the weaklings who thought themselves good because they had no claws."

One of ours, ten of theirs.

Best Meltdown Ever.

Muestereate
Minions LLC
#1648 - 2014-03-26 02:45:35 UTC  |  Edited by: Muestereate
Mario Putzo wrote:
Salvos Rhoska wrote:
Mario Putzo wrote:
Then why didn't he leave the conversation?


Its irrelevant.


It is not irrelevant. If he was not comfortable in the situation he could have left at any time.



Mario you keep repeating yourself about being able to leave. He could leave but under the threat of loss, Thats called duress. Another issue and its not yours is the greed aspect that is being used to turn the table onto the victim. Erotica constantly fanned the desire by telling him repeatedly to "think about what your going to do with your winnings". This is called reinforcement. The "your winnings" idea is a neurolinguisitcs programming component. Besides reinforcing, it also paints an optimistic picture while in a no-win scenario. In technical turns its called inducing state followed by building resources. Soon it has to be followed with more implications of safety and a transformation of associations of apprehension into excitement. Most excitement has an element of fear.

This I thought was obvious to everybody but your repeated questioning of his inability to leave leads me to believe you don't honestly understand. Erotica is actually inducing a state of trance, an awake hypnosis. As soon as I heard the processed voice I knew. beware the lack of dipthongs at the end of a clause.
EI Digin
irc.zulusquad.org
#1649 - 2014-03-26 02:45:43 UTC
Infinity Ziona wrote:
EI Digin wrote:
Infinity Ziona wrote:
There is also a section in the EULA which deals with criminal acts. Recording and publishing information that should be private, as in private conversations is defamation, is a breach of privacy. You cannot record a private conversation and publish that conversation on the EvE forums without breaking the law. The person must be told they are being recorded and the person must give consent to that recording being published.


I don't think you know how the law works.

I'm a qualified paralegal.

I'm the president of the United States.
PinkPanter
Valhalla Drinking Team
#1650 - 2014-03-26 02:45:58 UTC
Xuixien wrote:


Okay let's recap:

You said it was against the EULA. You were asked to quote it. You made an excuse not to, and are now saying "well it's up to CCP's interpretation".

Just wanting to make sure I have this straight.


Excuse or reason. You choose what fits you better.
Malcolm Shinhwa
The Scope
Gallente Federation
#1651 - 2014-03-26 02:46:21 UTC
Infinity Ziona wrote:

There is also a section in the EULA which deals with criminal acts. Recording and publishing information that should be private, as in private conversations is defamation, is a breach of privacy. You cannot record a private conversation and publish that conversation on the EvE forums without breaking the law. The person must be told they are being recorded and the person must give consent to that recording being published.


You see what I'm sayin'. I'm convinced most of the people read Jester's blog, but didn't actually listen to the soundcloud recording.

Infinity, Erotica 1 asked for and was given consent by Sohkar to record the conversation. It is one of the very first things in the soundcloud.

Also, I'm not entirely sure Erotica 1 published the soundcloud the Eve Forums. At best OP did that although all he did was publish a link to a blog post that published a link to the soundcloud. Since Erotica 1 isn't the OP, is there really anything in your post that actually pertains to this conversation?

[i]"The purpose of fighting is to win. There is no possible victory in defense. The sword is more important than the shield and skill is more important than either. The final weapon is the brain. All else is supplemental[/i]."

Xuixien
Solar Winds Security Solutions
#1652 - 2014-03-26 02:47:19 UTC
PinkPanter wrote:
Xuixien wrote:


Okay let's recap:

You said it was against the EULA. You were asked to quote it. You made an excuse not to, and are now saying "well it's up to CCP's interpretation".

Just wanting to make sure I have this straight.


Excuse or reason. You choose what fits you better.


I'll go with "excuse", because as soon as someone asked you to quote the EULA, you knew you were boned.

Have a good one. Cool

Epic Space Cat, Horsegirl, Philanthropist

Goldiiee
Bureau of Astronomical Anomalies
#1653 - 2014-03-26 02:47:55 UTC
Xuixien wrote:


Fortunately, all clients are asked if they... consent... to being recorded. And they do.


News flash consent to being recorded and consent to being broadcast are two vastly different things. Without a proper waiver the broadcasting of the recorded conversation can open you up to liability. So in the future when recording someone make sure you state 'This recording may be used for training purposes' that covers both recording and broadcasting waivers.

Things that keep me up at night;  Why do we use a voice communication device to send telegraphs? Moore's Law should state, Once you have paid off the last PC upgrade you will need another.

stoicfaux
#1654 - 2014-03-26 02:47:58 UTC
82 83 pages already? Sheesh.

Anyway, my first thought was that Jester is bashing Erotica in revenge for some slight. EVE and cynicism, amirite?

Pon Farr Memorial: once every 7 years, all the carebears in high-sec must PvP or they will be temp-banned.

Berendas
Ascendant Operations
#1655 - 2014-03-26 02:48:13 UTC  |  Edited by: Berendas
Herzog Wolfhammer wrote:
I'm waiting to see if this goes viral. As I have said before, I always pause before telling people who know about games that I play Eve, because the response is already not very enthusiastic.

If this incident goes viral, then I will be ashamed of playing this game and will have to consider my associations in the long term.



You either hold your fellow gamers and their ability to judge character in very low esteem, or are a colossal drama queen. EVE is a powerful force in the MMO market and gaming news BECAUSE of events like Erotica 1's scams, not in spite of them.
Chopper Rollins
hahahlolspycorp
#1656 - 2014-03-26 02:48:41 UTC
Malcanis wrote:
Tuscor wrote:
Just ban Erotica1. The community does not need poisonous twats like that - and I for one am happy for the sandbox and 'emergent gameplay' to take second seat to cleaning the community of such filth.


People talk about gays in very similar terms to the ones you have used in your post.

Come to that, so have insane monogonadal austrian dictators.


Just how repulsive and relentlessly obnoxious does a person have to be before i can take action against them without being compared to le ultimate villain?

Serious question.





Goggles. Making me look good. Making you look good.

Nevyn Auscent
Broke Sauce
#1657 - 2014-03-26 02:48:41 UTC
Mario Putzo wrote:


http://jestertrek.blogspot.ca/2012/03/hats.html

Ripard Teg ladies and gentlemen.

Lets ban a guy for scamming, but hey Mittens should be ok as a CSM for telling a kid to literally kill himself.

SLOW CLAP Ripard SLOW CLAP.

Note the difference between the events.

In one case, we have a player, Mittens, who was after the event apologetic, did a SINGLE drunken thing, and has not since repeated this.

In the other case we have a player, Erotica, who has already been exposed over this type of behaviour months ago, was not drunk in the slightest, repeatedly indulges in this kind of abuse of their victims, and has not shown the slightest sign of contrition or of changing their behaviour.

They are two entirely different situations, and as such Ripard is not being a hypocrite for calling for action on E, or for defending M.
Salvos Rhoska
#1658 - 2014-03-26 02:48:57 UTC  |  Edited by: Salvos Rhoska
"C. User Content

The System may allow you to communicate information, such as by posting messages in chat rooms, on bulletin boards and other user-to-user areas (collectively, "User Content").

User Content that you cause to be communicated to the System may not (i) violate any statute, rule, regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party"

Erotica1 is communicating, ingame, through means of chat functions and bulletin boards that he provides a service OUTSIDE of the game, namely the "Bonus Room".

What that "Bonus Room" has turned out to be, as evidenced by the recording, is a 2hr psychological torture, coerced by the players seized assets and leveraged against the false promise of its return if the person completes the humiliating, degrading and arbitrary demands issued to him by the persons located in this out of game environment, while simultaneously harassing, ridiculing and insulting him.

The conduct the victims are subjected to in this OUT OF GAME environment, once they have been successfully isolated and sourced out of the EVE client community, violates laws. The fact recordings of this "User Content" are made and distributed through chat rooms, bulletin boards and other user-to-user areas means the victims publicity rights as a third party, have been violated. At no time during the recording does anyone ask if the victim consents to the recording being distributed as "User Content", through "User Content" means.

This specific form of "User Content" that Erotica1 is orchestrating, results in victimisation of CCP clients, as sourced from within the game, for purposes of placing them under duress and subjecting them to humiliating, degrading and other negative conduct that is delineated against in 6.A.5.

"You may not submit any content to any chat room or other public forum within the Game that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights."

To my view, CCP has two choices on this matter.

Either recognise that the TS environment represented as the "Bonus Room" constitutes a valid submission of "User Content" and is therefore to be considered subservient to all parts of the EULA, or to recognise that Erotica1 is predating on the client base of EVE by means of submitting User Content to redirect clients to his personal "Bonus Room" from within the game and its protective EULA, to where EVE players are subjected to this treatment by extension from the game.

Either case renders him in violation of the EULA.

The first would mean that all non-game environments that include any User Content, in any of its forms, becomes subject to the EULA. Meaning everything that happens in that TS is subject to EULA. It is, however, practically impossible, because that would mean that anywhere there are EVE players, the EULA automatically applies, including any and all voice comms.

The second is simply taking action against Erotica1 for predating on the EVE player base for the victims to fill his personal, out of game, "Bonus Room" (and subjecting them there to what is detailed above) under the pretense it is "User Content", which they can freely rule it not to be, or to be "User Content" which they deem to be unacceptable.
Tear Jar
New Order Logistics
CODE.
#1659 - 2014-03-26 02:49:05 UTC
Infinity Ziona wrote:
EI Digin wrote:
Infinity Ziona wrote:
There is also a section in the EULA which deals with criminal acts. Recording and publishing information that should be private, as in private conversations is defamation, is a breach of privacy. You cannot record a private conversation and publish that conversation on the EvE forums without breaking the law. The person must be told they are being recorded and the person must give consent to that recording being published.


I don't think you know how the law works.

I'm a qualified paralegal.


Then you should know that heavily depends on the state and whether the conversation took place in a public space.

And the client was informed that he was being recorded(Teamspeak explicitly tells you when a user starts recording).
Xuixien
Solar Winds Security Solutions
#1660 - 2014-03-26 02:49:31 UTC
Goldiiee wrote:
Xuixien wrote:


Fortunately, all clients are asked if they... consent... to being recorded. And they do.


News flash consent to being recorded and consent to being broadcast are two vastly different things. Without a proper waiver the broadcasting of the recorded conversation can open you up to liability. So in the future when recording someone make sure you state 'This recording may be used for training purposes' that covers both recording and broadcasting waivers.


Newsflash: Scroll up. Erotica 1 gets consent from every client to be recorded with the knowledge that the recording may be posted to social media sites. Not your fault, you probably didn't see the comment.

Epic Space Cat, Horsegirl, Philanthropist