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GM clarification on rewording of the Terms of Service

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Author
Sid Hudgens
Doomheim
#1221 - 2013-09-13 07:48:46 UTC
Crimson Gauntlet wrote:
Nevyn Auscent wrote:
Mildew Wolf wrote:
So maybe make some enemy.. Make throw away alt.. Scam someone while claiming to be enemy's alt.. Maybe send some isk to enemy for realism.. Enemy banned?

No, because CCP can see in a snap that you are the scammer. Not them. And that you are different people.
Even the most basic of tools (The IP) can tell them this. Let alone the more complex tools that actually get used.
So the only person banned in this case is you. And possibly your other accounts also if CCP can backtrack 100% which accounts you actually own other than the throw away alt.
Random other guy you tried to frame on the other hand, will be completely fine.


Wow, you did not think that through.

I even posted the solution for you.

You use a public library's IP address. This will work even with the crappy computers at a PL, because you can run Eve on a potato.

Then you just use a Plex to activate a trial account, scam on behalf of your intended victim, and poof, they go away, and all you are out is a Plex. (hell, you can probably even do it on just a trial account, to be honest)

Untraceable. This will become the new meta in place of the recruitment scam.


You are assuming here that the GMs will just up and ban your enemy even if they have no evidence of who the scammer was. That makes no sense.

"....as if 10,058 Goon voices cried out and were suddenly silenced."

Crimson Gauntlet
Six Gun Sound
#1222 - 2013-09-13 07:50:47 UTC
Quote:
You are assuming here that the GMs will just up and ban your enemy even if they have no evidence of who the scammer was. That makes no sense.


Considering that is precisely what they have said they will do? Yes.

It's not like if he gets a warning they will stop.

And it's not like he can prove himself innocent.
Number of times my posts have come in after the dev/mod locked the thread:  1
Jonah Gravenstein
Machiavellian Space Bastards
#1223 - 2013-09-13 07:53:24 UTC  |  Edited by: Jonah Gravenstein
Sid Hudgens wrote:
Jonah Gravenstein wrote:

Maybe I wasn't clear, before the ToS was clarified, under the old methods of enforcement, GMs were not going to give you the identity of a scammers main. Therefore the previous enforcement method offered exactly the same protection to a scammers main. The main has gained no additional protections, the scammer now runs the risk of falling afoul of the ToS, the meta game is now technically illegal.

The only people that have gained anything are victims, usually of their own stupidity and laziness. Everybody else just got told "off is the general direction in which you should proceed while thrusting your hips in a parody of fornication"


Ok, I see where we've gone wrong here. You are operating under the belief that it was not against the rules to impersonate another character before the TOS change.

CCP has provided sufficient evidence to show me that such scams were not allowed prior to the TOS change. They were forbidden by language in the naming policy. I have no problem believing that the GMs have not changed anything regarding enforcement against impersonation scams and that they were taking action against them when petitioned both before and after the TOS change.

Nope, I'm well aware that it was against the rules to name my character "Sid Hugdens" and use it to scam with, what wasn't against the rules, or didn't appear to be, was to say "I'm an alt of Sid Hudgens", "I represent Sid Hudgens", "I'm a recruiter for *insert nullsec entity of choice*, I can get you in but I require a 500,000,000 isk security deposit", all of which are now against the rules.

Given the precedent provided by the many corporate heists for which Eve is famous, infiltration by deception, and deceptive practices in general were allowed, now they're not. Those events attracted new customers, myself included, via mainstream media, and their own PR department.

In the beginning there was nothing, which exploded.

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captain foivos
State War Academy
Caldari State
#1224 - 2013-09-13 07:59:01 UTC
Sid Hudgens wrote:

CCP has provided sufficient evidence to show me that such scams were not allowed prior to the TOS change. They were forbidden by language in the naming policy. I have no problem believing that the GMs have not changed anything regarding enforcement against impersonation scams and that they were taking action against them when petitioned both before and after the TOS change.


Why am I not surprised that someone who is so in favor of banning long-standing scamming practices is so easily fooled? Show us on the doll where your wallet full of ISK used to be.
Anax Mandari
Bacon.
#1225 - 2013-09-13 07:59:34 UTC
Is it just me, or has CCP made this completely unenforceable?

On the one hand, they don't want to give away information about player accounts (a totally reasonable consideration), which means they can't handle situations differently depending on whether or not two characters belong to the same player, which leads to things like this:
GM Karidor wrote:
Abdiel Kavash wrote:
GM Karidor wrote:
Both characters Phil and Joe used the name Abdiel Kavash to give of the impression they were somehow related to him. The cases are effectively identical.

Yes, with Phil the actual statement of him being an alt is true, but the actual act of the character using the name of Abdiel Kavash does not differ in any capacity at all.


...but on the other hand, the actual ToS phrases it like this:
[quote]No player may use the character name of another player to impersonate or falsely represent his or her identity.

Note the words "impersonate" and "falsely represent". If I'm logged in as an alt, and I say "hey, it's Anax", that's not impersonation, it's identification, because I'm telling the truth. When undercover police officers produce a badge and say "I'm a police officer", that's not impersonating an officer, it's identifying themselves. Likewise, if I say that a particular character is my alt, I'm not falsely representing anything, I'm truthfully stating a fact.

So, CCP say they can't handle the two situations differently, but it's clear from the wording of their own ToS that the two situations are legally different. As far as I can see (although I Am Not A Lawyer), GM Karridor's statement that [quote]the actual act of the character using the name of Abdiel Kavash does not differ in any capacity at all
is false, because they do differ - one is false representation, the other is truthful statement of identity.

Don't get me wrong, I'll be treading carefully until we get a satisfactory explanation, but right now as far as I can see, if the precise wording of the ToS can be taken as the absolute letter of the law, you should be ok to identify yourself as affiliated with a character, corp etc. if that statement is true. I think.
Sid Hudgens
Doomheim
#1226 - 2013-09-13 07:59:47 UTC
Crimson Gauntlet wrote:
Quote:
Ok, I see where we've gone wrong here. You are operating under the belief that it was not against the rules to impersonate another character before the TOS change.

CCP has provided sufficient evidence to show me that such scams were not allowed prior to the TOS change. They were forbidden by language in the naming policy.


You are correct only in a technical sense.

Thing is, the precedent that had previously been set was the exact opposite, and CYA is in full swing.

Which is why people are worried that this does not just signify a clarification, but a policy and adjudication change. Which it probably does, sadly.


Well I have seen anecdotal evidence posted (that's all we have really) that the policy was enforced before the TOS change. Obviously it wasn't enforced often. I haven't seen any actual evidence that this is a policy and adjudication change so in my opinion it just seems to make more sense to not fly off the handle and worry about the part that IS new (the group stuff.)



I've enjoyed debating with you all tonight it's 4am here and I gotta stop for now. Hopefully I'll have time tomorrow to continue reading this thread. I hope some of you will consider what I've said as I think most are focusing on the wrong issue. I have no desire to see EVE without it's long held traditions of scamming and screwing each other over. It is one of the main things that sparked my interest. I just think we could be having a more constructive discussion. (I know, it's the EVE forums ... but I'm a dreamer.)

"....as if 10,058 Goon voices cried out and were suddenly silenced."

Sid Hudgens
Doomheim
#1227 - 2013-09-13 08:05:21 UTC
Crimson Gauntlet wrote:
Quote:
You are assuming here that the GMs will just up and ban your enemy even if they have no evidence of who the scammer was. That makes no sense.


Considering that is precisely what they have said they will do? Yes.

It's not like if he gets a warning they will stop.

And it's not like he can prove himself innocent.


Ok one more ....

If you can show me where CCP has said that they will ban someone with NO EVIDENCE that they have done anything against the TOS because someone on an anonymous account claimed to be them I will spend all day tomorrow shooting the jita statue.

"....as if 10,058 Goon voices cried out and were suddenly silenced."

Crimson Gauntlet
Six Gun Sound
#1228 - 2013-09-13 08:06:10 UTC  |  Edited by: Crimson Gauntlet
Sid Hudgens wrote:

If you can show me where CCP has said that they will ban someone with NO EVIDENCE that they have done anything against the TOS because someone on an anonymous account claimed to be them I will spend all day tomorrow shooting the jita statue.


Rrr, makin' me go back like ten pages...

Quote:
If that someone you claim to be complains, or a victim of malicious action of yours due to this claim, and we can verify that you claimed to be that someone's alt, then yes, you'll fall under this policy and will get warnings (or if you just can't stop doing it, eventually get banned). Reason: you are still using his name to (actively) impersonate him, just not as the name of your alt.


It doesn't explicitly say no evidence, though it does say "you claimed to be that someone's alt". But it's pretty cut and dried. moreso if you send all the isk you make from scamming to his character.

Load up on ammo.
Number of times my posts have come in after the dev/mod locked the thread:  1
RubyPorto
RubysRhymes
#1229 - 2013-09-13 08:06:30 UTC
Sid Hudgens wrote:
CCP has provided sufficient evidence to show me that such scams were not allowed prior to the TOS change. They were forbidden by language in the naming policy. I have no problem believing that the GMs have not changed anything regarding enforcement against impersonation scams and that they were taking action against them when petitioned both before and after the TOS change.


"We made a change to the policy 3 months ago and nobody noticed it, so it's always been the policy." Super convincing argument.


If, in fact, that policy has always been in place, why does Chribba's page have an exhaustive list of his alts and an exhortation not to trust anyone not on that list (along with a specific list of people who have impersonated him in the past*) instead of a line "if someone scams you by pretending to be my alt, file a petition and you'll get everything back and they'll get banned"?
Real answer: Because that policy is brand new. Whether it was put in place when it was announced 3 months ago, or whether it was arbitrarily and secretly put into place before then doesn't matter, it's a new policy change and it's a terrible one.


*a number of characters on this list appear to still be active.

"It's easy to speak for the silent majority. They rarely object to what you put into their mouths." -Abrazzar "the risk of having your day ruined by other people is the cornerstone with which EVE was built" -CCP Solomon

RubyPorto
RubysRhymes
#1230 - 2013-09-13 08:08:19 UTC
Sid Hudgens wrote:
Ok one more ....

If you can show me where CCP has said that they will ban someone with NO EVIDENCE that they have done anything against the TOS because someone on an anonymous account claimed to be them I will spend all day tomorrow shooting the jita statue.


In his original proposal he mentioned manufacturing evidence.

Scam someone (or better yet, yourself) using a library computer > Send the ISK to the person you want banned.

"It's easy to speak for the silent majority. They rarely object to what you put into their mouths." -Abrazzar "the risk of having your day ruined by other people is the cornerstone with which EVE was built" -CCP Solomon

Sid Hudgens
Doomheim
#1231 - 2013-09-13 08:16:36 UTC
Crimson Gauntlet wrote:
Sid Hudgens wrote:

If you can show me where CCP has said that they will ban someone with NO EVIDENCE that they have done anything against the TOS because someone on an anonymous account claimed to be them I will spend all day tomorrow shooting the jita statue.


Rrr, makin' me go back like ten pages...

Quote:
If that someone you claim to be complains, or a victim of malicious action of yours due to this claim, and we can verify that you claimed to be that someone's alt, then yes, you'll fall under this policy and will get warnings (or if you just can't stop doing it, eventually get banned). Reason: you are still using his name to (actively) impersonate him, just not as the name of your alt.


It doesn't explicitly say no evidence, though it does say "you claimed to be that someone's alt". But it's pretty cut and dried. moreso if you send all the isk you make from scamming to his character.

Load up on ammo.


In this quote when he says "you" he is referring to "you" as being the scammer. There are three parties mentioned. There is "you", the scammer. There is "someone you claim to be" ... the enemy in your scenario. And then there is the "victim of malicious action" ... who is a random scam victim. He says that "you'll" (the scammer) fall under the policy. Not the character you were pretending to be.

Dammit man. I need sleep.

"....as if 10,058 Goon voices cried out and were suddenly silenced."

Crimson Gauntlet
Six Gun Sound
#1232 - 2013-09-13 08:18:32 UTC  |  Edited by: Crimson Gauntlet
Quote:
In this quote when he says "you" he is referring to "you" as being the scammer. There are three parties mentioned. There is "you", the scammer. There is "someone you claim to be" ... the enemy in your scenario. And then there is the "victim of malicious action" ... who is a random scam victim. He says that "you'll" (the scammer) fall under the policy. Not the character you were pretending to be.


True, but his entire statement is predicated on the assumption that both "you" are the same person.

We've already established that, as far as the GMs can tell with my little trick, they are. And that assumption is in fact the weakness I am pointing out.

Further, if you have "scam alt" and "main" and the two characters have ignored repeated warnings to stop being a super jerk, do you really think they will just ban the alt? They'll both get hit, and that's that.
Number of times my posts have come in after the dev/mod locked the thread:  1
Zendon Taredi
Tier Four Technologies
#1233 - 2013-09-13 08:24:29 UTC
This is beyond stupid. Asinine is a good word.
Jonah Gravenstein
Machiavellian Space Bastards
#1234 - 2013-09-13 08:27:22 UTC
Zendon Taredi wrote:
This is beyond stupid. Asinine is a good word.

There's a better word, but the forum censors it. It's normally part of the phrase "Pants on head"

In the beginning there was nothing, which exploded.

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Feyd's Survival Pack

Sid Hudgens
Doomheim
#1235 - 2013-09-13 08:29:03 UTC
Crimson Gauntlet wrote:
Quote:
In this quote when he says "you" he is referring to "you" as being the scammer. There are three parties mentioned. There is "you", the scammer. There is "someone you claim to be" ... the enemy in your scenario. And then there is the "victim of malicious action" ... who is a random scam victim. He says that "you'll" (the scammer) fall under the policy. Not the character you were pretending to be.


True, but his entire statement is predicated on the assumption that both "you" are the same person.

We've already established that, as far as the GMs can tell with my little trick, they are. And that assumption is in fact the weakness I am pointing out.



Ok ... so let's work that out.

There are still three characters involved:

1. Enemy - the character being impersonated (this is they guy you want to get banned ... and he doesn't know what's going on.)
2. "you" are the scammer on an anonymous alt account
3. victim is random player (this must also be you ... because you said that in your scenario two accounts are from the same player.)

Random player files petition ... anonymous alt account ("you") get banned. Don't see why the GMs would do anything to "Enemy" as he is oblivious to all of this and there are no account details to link him to either of the other two accounts.

In any other scenario "Enemy" has to be one of your accounts ... so even if somehow your plan succeeds you've just gotten yourself banned.

Am I missing something here? It's late...

"....as if 10,058 Goon voices cried out and were suddenly silenced."

Hra Neuvosto
Party Cat Enterprises
#1236 - 2013-09-13 08:47:50 UTC
BTW they're no longer petitions, they're now tickets.
Rena Senn
Halal Gunnery
#1237 - 2013-09-13 08:48:53 UTC
Alright GMs I'm going to put on my serious face for a change.

GM Karidor wrote:

Your character Phill McScammer impersonated Abdiel Kavash, the same way as Joe McScammer did, thus gets it from us the same way if reported. From our point of view, as well as from a victims, there is no technical difference between those two cases of a character impersonating another.


Consider the following. Alex has a spotless reputation so far. Mark tries to hire trusty Alex as a third party in a supercap sale.

1) Alex can't resist the temptation and steals the ship. This is fine.

2) Alex lacks the right prereq skills so sends his so far equally reputable friend Bob in his place. A separate deal between Bob and Mark goes through, but the temptation proves too much and Bob steals the ship. This too is fine.

3) Alex is preoccupied in a logoff trap. Mark reaches out to Alex's friend Bob to work out a deal. Bob truthfully represents himself as an associate of Alex, and portrays Alex's character to the best of his and the public's knowledge. They work out a deal. Alex logs on, but the temptation proves too much and he steals the ship. Either the ToS implementation has massively changed to the point that someone can be banned for representing the truth to the best of their ability, or this is fine as well.

4) Alex is preoccupied in a logoff trap but he sees he has mail from the forums. Alex logs on with Altlex, truthfully represents himself as an alt of Alex, and works out a deal. Altlex lacks the right prereq skills, so Alex abandons his logoff trap and goes to complete the handover once negotiations are complete, but the temptation proves too much and Alex steals the ship.

Against all logic, this is now a bannable offense despite the fact that the only difference to the previous example from Mark's perspective is Altlex having truthfully represented himself as an alt of Alex, instead of Bob having truthfully represented himself as an associate of Alex.

Your changes to the ToS has made it so that in certain situations where all other facts are equal, the mere, honest self identification of an alt can now be a bannable offense. If this isn't a major, ground shifting change to how the game is meant to be played, then I don't know what is.
Primary This Rifter
Mutual Fund of the Something
#1238 - 2013-09-13 08:49:55 UTC
Except by banning you (the alt) the GMs have made a specific determination that you are not the same person who is in control of the character(s) you were claiming to represent.
If they choose to enforce the rule in this manner, it would then mean that banning both accounts is a specific determination by the GMs that you are the same person in control of both accounts.
They've explicitly stated that they cannot make this determination.
The rule is thus unenforceable, because to avoid making any determination GMs will either have to completely ignore the rule to begin with, or they will have to ban both accounts in all cases which means that anyone in this game can now pretty easily get anyone else banned.
Abulurd Boniface
Center for Advanced Studies
Gallente Federation
#1239 - 2013-09-13 08:53:47 UTC
Gilbaron wrote:
impersonating a CCP employee should be bannable

anyone who gives his super to chribbo or who makes a rental agreement with The Mittoni deserves to loose his ship and/or ISK

this is just stupid


I have to add a voice of support to this position.

Abusing the name of a CCP employee is banking on the bedrock authority of the publisher of the game. That's not on, that has to be the limit.

Every other interaction that's just typing words into a chat channel to make the other guy fall for the shiny light should be considered part of the character of the game. We do ourselves a disservice by shielding the unwary.

Being mindful of scams is part of the situational awareness that permeates EVE. You always look at local, or your overview, you always make sure you know who you're talking to, what contract you're buying, what buy/sell order you're clicking on and how many zeroes there are.

The scammer should be rewarded by CCP for showing the victim that it pays to stay alert. It is incumbent on each and every one of us to be aware of our surroundings and the meaning of interactions.

Social engineering should be considered every bit as much of a viable and vital attack vector as locking on to someone in space is. Situational awareness is our evolutionary tool to overcome these difficulties.

I have no idea why CCP would want to spare the people who can't be bothered to ask themselves what's going on.
Schedar
School of Applied Knowledge
Caldari State
#1240 - 2013-09-13 09:28:31 UTC
I agree with the previous post.


Gilbaron wrote:
impersonating a CCP employee should be bannable

anyone who gives his super to chribbo or who makes a rental agreement with The Mittoni deserves to loose his ship and/or ISK

this is just stupid


This is my view as well.