Legal Discussion

Recessionbust

Hi,

I was banned from this forum for good by Tom which I think its grossly unfair.
While discussing a issue regarding legal advice surrounding the payment/non payment of loans (A user) posted a comment saying :
Judging from your previous posts you have form with Creditors yourself.

I took offence to this which I believe I was entitled to do as I found the comment to be unfounded not to mention I found it was defamation in reply to this I posted
Excuse me? Firstly unless you want to find yourself open to litigation I would clarify your last post and do it Immediately. I have taken a screen shot incase the mods remove your post

I think my comment was only fair and was giving the poster a chance to retract his unfounded statement against me. In addition to this I also flagged the issue with the Mod when the post was made, If I was intentionaly going to break the rules I would not bring it to a Mods attention.
While a ban may be justifyed I feel a permanent ban is unfair and would request a review.

Dades

I assume you have PM'd Tom Young about the ban?

Recessionbust

Thanks for gettin back to me. I did pm and he informed me why an said I could appeal so if I wish.

Recessionbust

Hi,

Can someone get back to me about this please?

Dades

Recessionbust wrote: »

Can someone get back to me about this please?

You realise people have lives, right? If this was real life I'd fix a court date for 2013.

I've discussed your case with Tom Young, having read through the entire trainwreck of a thread.

While I can understand Tom's instinct to permanban you, I feel the charter needs to be amended before this can be justified. So Tom has agreed, and the mods in LD are going to look to adding something about users who threaten legal action against other posters.

So until such a rule is in place, I feel your permaban is somewhat unfair. Instead I would reduce this to a two-month ban for your ridiculous, continued threats of legal action to an anonymous Boards.ie user. There's enough legal questions surrounding posts on internet forums without facilitating (and being part of *evidence*) in squabbles like the one in question.

If you accept a reduction from permanent to 2 months, let me know and I will alter your ban. Otherwise you can ask an Admin to review the case here.

Dades


[Deleted thread here for those who see it.]

Recessionbust

Dades wrote: »

You realise people have lives, right? If this was real life I'd fix a court date for 2013.

I've discussed your case with Tom Young, having read through the entire trainwreck of a thread.

While I can understand Tom's instinct to permanban you, I feel the charter needs to be amended before this can be justified. So Tom has agreed, and the mods in LD are going to look to adding something about users who threaten legal action against other posters.

So until such a rule is in place, I feel your permaban is somewhat unfair. Instead I would reduce this to a two-month ban for your ridiculous, continued threats of legal action to an anonymous Boards.ie user. There's enough legal questions surrounding posts on internet forums without facilitating (and being part of *evidence*) in squabbles like the one in question.

If you accept a reduction from permanent to 2 months, let me know and I will alter your ban. Otherwise you can ask an Admin to review the case here.

Dades


[Deleted thread here for those who see it.]

While I appreciate the reduction I still feel a ban is a tad OTT, A warning would have sufficed and left me in no doubt that I was in breech of the rules, had this have happened I would then refrain from posting such things in the future. With this in mind I would request an Admin review.

Dades

No problem.

Do, however, give an Admin some time to respond.

Recessionbust

No Problem , How long does it normally take for an admin to respond?

Dades

A quick look through any of the threads here involving Admins will give you an idea.

There's no SLA here, I'm afraid.

LoLth

I'll have a read over this at the weekend and post a response before monday evening.

LoLth

I've had a read through the thread and this DRP thread.

I have not contacted either the mod or the poster as I think enough is posted to be clear on where the issues stand.

Was a ban warranted:
Yes. you attempted to "win" an argument by making a legal threat against a boards user when they made an inference from information you had posted in the public domain.

To be honest, I think an short ban or heavy infraction would have sufficed if thats where you had left it but you didnt, you continued to respond on thread to the other poster when you should have had the sense to report the issue to the moderator and then left it to them to deal with. So ultimately its beyond infraction and so yes, a ban was deserved. You posted, you continued to post. Please do not blame a mod for your lack of self control.

Permaban? No. I dont think so solely because the issue was not covered in the forum charter. However, just because something isnt in the charter doesnt mean you can use that as a loophole to justify any action you want. (you as in any poster, not you in particular ).

I'm going to reduce your , thoroughly deserved , ban to two months. I will contact the moderators of Legal Issues and ask them if they feel any further reduction is possible but I'm *not* going to suggest any timeframe nor am I going to force the issue. Its completely up to them and I can certainly understand if they decide not to.

I realise that this may not be the outcome you are hoping for and your initial response is going to be alongthe lines of "feck this, I'm leaving". If you do leave, then I will be sorry to see you go under these circumstances. If however, you decide to stay and be a positive contributor to other sections of boards and possibly legal discussion once your ban period expires then I hope you can challk this down to an isolated bad experience and not let it spoil your enjoyment here.

In future though, dont make legal threats against any member on any forum on boards.ie . report the post, outline what you think is wrong with it in a calm manner and let the mods deal with it.

Recessionbust

LoLth wrote: »

I've had a read through the thread and this DRP thread.

I have not contacted either the mod or the poster as I think enough is posted to be clear on where the issues stand.

Was a ban warranted:
Yes. you attempted to "win" an argument by making a legal threat against a boards user when they made an inference from information you had posted in the public domain.

To be honest, I think an short ban or heavy infraction would have sufficed if thats where you had left it but you didnt, you continued to respond on thread to the other poster when you should have had the sense to report the issue to the moderator and then left it to them to deal with. So ultimately its beyond infraction and so yes, a ban was deserved. You posted, you continued to post. Please do not blame a mod for your lack of self control.

Permaban? No. I dont think so solely because the issue was not covered in the forum charter. However, just because something isnt in the charter doesnt mean you can use that as a loophole to justify any action you want. (you as in any poster, not you in particular ).

I'm going to reduce your , thoroughly deserved , ban to two months. I will contact the moderators of Legal Issues and ask them if they feel any further reduction is possible but I'm *not* going to suggest any timeframe nor am I going to force the issue. Its completely up to them and I can certainly understand if they decide not to.

I realise that this may not be the outcome you are hoping for and your initial response is going to be alongthe lines of "feck this, I'm leaving". If you do leave, then I will be sorry to see you go under these circumstances. If however, you decide to stay and be a positive contributor to other sections of boards and possibly legal discussion once your ban period expires then I hope you can challk this down to an isolated bad experience and not let it spoil your enjoyment here.

In future though, dont make legal threats against any member on any forum on boards.ie . report the post, outline what you think is wrong with it in a calm manner and let the mods deal with it.

I don't look for or use loop holes in any system including this site.
If a rule applies I follow it.
In this case as you stated no rule applies and what you have done is closed the stable door after the horse has bolted certainly the case of makin the rules to suit your selves.
Am I surprised? Not in the slightest, I spent some time reading threads an see that this seems to be the general admin and mods way of "operating".
As for the "feck it Im leaving" I don't know where it came from as I never at any time implied it. If I do leave it will be for the same reason as many others and that's because the lets make the rules as we go mentality that your site has.
I accept certain rules are in place to protect you and the users but the ones you make up as you go along this one included is complete double standards.

LoLth

the mod Tom Young Pmed me to ask me to lift the ban completely. this has been done.

as for making things up as we go along...well we sort of have to. charters cant cover every eventuality and I really dont think anyone ever thought we would actually need to make a rule that says "dont threaten other posters with legal action or continue an argument on thread when you should report it".

seems we were wrong.

for future reference. dotn threaten users with legal action and if you feel you have been wronged by a user, report the post and let a mod deal with it, dont respond on thread.