29 Jun 08
Originally posted by SquelchbelchThat "thinking" is paranoid; it is impossible to "defame" a user name. And as I already said, they still label the user as "Banned from the Site", so I don't see what difference it makes. Again you are just speculating anyway.
This sort of thinking:
"They may be sure that A is a comp cheater, but they don't want to be sued by A for defamation or have their cheat detection staff hauled into court to explain their methods on the witness stand. The ICC may have enough information to satisfy them - and of course it's written into the user agreement that they can tag you as ...[text shortened]... c noise."
Source:
http://www.chessninja.com/dailydirt/2007/03/hasbun_no_hasbeen.htm
29 Jun 08
Originally posted by no1marauderYes it is if the username is the player's real name.
...it is impossible to "defame" a user name...
It may be slightly paranoid as I really don't think it would go anywhere.
The legal shenanigans may partly involve how prominent the displaying of the username is with regard to the disputed defamation claim - ie on a list 2 clicks off the front page versus having to manually do a search for a username & then read the profile.
Do you think Russ is happy to take the chance of having his site shut down?
I used to think that people where advised to register anonymously to protect themselves from harassment, but more recently I've come to think the issue of owners' site protection is the key factor.
29 Jun 08
1 edit
Originally posted by SquelchbelchPlease cite to some case law where someone with a user name on the internet was able to successfully sue for defamation. You won't be able to find any and my opinion on this matter stands. I assume Playchess.com has lawyers working for it (it's owned by Chessbase)and that site routinely "outs" cheaters.
Yes it is if the username is the player's real name.
It may be slightly paranoid as I really don't think it would go anywhere.
The legal shenanigans may partly involve how prominent the displaying of the username is with regard to the disputed defamation claim - ie on a list 2 clicks off the front page versus having to manually do a search for a u ...[text shortened]... but more recently I've come to think the issue of owners' site protection is the key factor.
30 Jun 08
1 edit
Originally posted by no1marauderI already stated that I thought it paranoid, because of the unlikelihood of anyone taking RHP to court over defamation.
Please cite to some case law where someone with a user name on the internet was able to successfully sue for defamation. You won't be able to find any and my opinion on this matter stands. I assume Playchess.com has lawyers working for it (it's owned by Chessbase)and that site routinely "outs" cheaters.
What I'm saying is that it would definitely be legally possible to do so if your user ID (matching your real name) appears on a cheat list easily found from the site front page and you had grounds to dispute the judgement.
My guess is that it would be settled before that, either by the Admin from the site in question backing down and allowing the player to continue using the site, or the suspected cheat leaving the site by mutual agreement but not appearing on any list.
30 Jun 08
Originally posted by SquelchbelchNo it isn't. I believe the Terms of Service indemnifies RHP from ANY legal action.
[b]it would definitely be legally possible to do so if your user ID (matching your real name) appears on a cheat list easily found from the site front page and you had grounds to dispute the judgement.[/b]
If anyone were stupid enough to use their real name for a username, I think any judge worth his salt will laugh him out of court. That's if it even makes it that far, as I'm sure most lawyers will discreetly refer the person to other firms...
30 Jun 08
1 edit
Originally posted by CrowleyI can't find anything anywhere that says the RHP is exempt from legal action under TOS. If you could clarify this it would be interesting as if that's correct it would give RHP carte blanche to do anything they wanted; ie suspend their service for no reason whilst taking your subscription funds!
No it isn't. I believe the Terms of Service indemnifies RHP from ANY legal action.
If anyone were stupid enough to use their real name for a username, I think any judge worth his salt will laugh him out of court. That's if it even makes it that far, as I'm sure most lawyers will discreetly refer the person to other firms...
I agree it wouldn't go anywhere, as I think I've said at least twice now.😛
30 Jun 08
At any rate, our new "improved" system seems to have the following characteristics: secret mods, secret bannings and a Complaint Form which assures those who file them that they will hear nothing back and makes impossible the submission of supporting game analysis!
I guess I shouldn't have worried; it's obvious this system is far superior to one where the Game Mods are known and can be directly contacted, where those banned are publicly declared and where actual evidence could be submitted to the Mods.
30 Jun 08
Originally posted by SquelchbelchParagraph 13:
I can't find anything anywhere that says the RHP is exempt from legal action under TOS. If you could clarify this it would be interesting as if that's correct it would give RHP carte blanche to do anything they wanted; ie suspend their service for no reason whilst taking your subscription funds!
I agree it wouldn't go anywhere, as I think I've said at least twice now.😛
Further, you agree that all terminations for cause shall be made in RHP's sole discretion and that RHP shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
01 Jul 08
Originally posted by IchibanovFlame and stealth have never seemed to be a workable combination to me...unless of course you're a suicide bomber.
I think this deserves more consideration. A stealth game mod team with the power to set people on fire would be pretty cool and consistent with the site branding to boot. I don't know if such a system would actually be better, but it would definitely be more entertaining.
So...anyone know any flamethrowing ninjas? Chess skills optional.
01 Jul 08
Originally posted by no1marauderIts pretty obvious russ is trying to eliminate the game mod system, but hey what do I know.
At any rate, our new "improved" system seems to have the following characteristics: secret mods, secret bannings and a Complaint Form which assures those who file them that they will hear nothing back and makes impossible the submission of supporting game analysis!
I guess I shouldn't have worried; it's obvious this system is far superio ...[text shortened]... those banned are publicly declared and where actual evidence could be submitted to the Mods.