Appeal: Bananahammock

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Appeal: Bananahammock

Postby bananahammock » Wed May 24, 2023 9:22 am

This is regards to a ban I received based on the infraction of Hate Speech/ Harassment

As Jester in the game I quoted silly lines from the film Borat to bring attention to myself in game in attempt to get voted up. The two things said were: "I am a sex criminal" and "I do sex crimes"

In terms of what is listed in your rules these statements do not meet the following criteria:

Racism
Homophobia
Transphobia
Pedophilia content of any kind

So that cancels out this "infraction" from any kind of hate speech used in this case.

Another part of your rules on your website I am citing here for reference:

"Using language that is inappropriate is not allowed. This includes but is not limited to language that is vulgar, racist, sexually explicit, or abusive."

What was used by me was not canceled out by the filter or vulgar in terms of describing a sexual act or something graphic in nature.


As for harassment, these statements were never directed at any individual in the game. No one would have any case here to feel they personally were being targeted or harassed by what was said. At no time did i target anyone with my words and only referred to myself in the first person.

For me this is a 1st time ban and 24 hours, which most would swallow the punishment and move on. If I did in fact do something warranting this I would gladly accept and move on, however on principle and the fact that base on your own rules, this doesn't meet any concrete criteria that an infraction occurred in this case.
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Re: Appeal: Bananahammock

Postby TrialBot » Wed May 24, 2023 1:05 pm

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Re: Appeal: Bananahammock

Postby Jerme » Thu May 25, 2023 10:53 pm

Greetings,

please note that the terms listed are examples, as the rules say "but is not limited to", thus is there more in that. Furthermore was your role Framer, but that does not matter, as no role is above the game's rules.
Sure you did not target anyone, but that doesn't mean you've broken the game's rules. Your used language does not fit a game for people at the age of 13+.
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Re: Appeal: Bananahammock

Postby bananahammock » Fri May 26, 2023 9:14 am

Thank you for your reply, now that there has been clarification of the position of this report in terms of it being a form of "bad language", we can now discuss the issues with this case.

"Your used language does not fit a game for people at the age of 13+"

During the past couple of days, I have review all the documentation that is available to players to view in regards to rules, in particular to that of the issue at hand. I am sure you are aware of these documents, so at risk of sounding arrogant or condescending, I will not quote them in this message. This includes the Google document with filtered and unfiltered vocabulary, and phrases not allowed in the game. I have failed to find any example that could even closely apply to the case in question.

The problem with this case is that it is making an objective ruling, based on a subjective evaluation. If the language rules were stated objectively and that what was said was not meeting a directly stated standard i.e.. google doc vocabulary filter list, then this is a open and shut case. However, it fails to meet this threshold from a legal standpoint.

There is a hypocritical aspect with regards to the rules if this game is in fact suppose to be 13+. TOS is rated "Teen" by the ESRB, again at risk of sounding condescending i won't quote it, but what was said would still be accepted in the ESRB rating system for "Teen".

Though the chat filter does exist to allow the game to have a "Teen" rating, this can easily be shut off by a minor playing the game which would also expose those players to "4 letter" words which are far more harmful and offensive than the words "sex criminal" or "sex crime". This doesn't including the many vulgar terms still used in game that currently are far more offensive then a legally used term such as "sex crime".

If we wanted to go further into the games concepts, the roles Escort and Consort literally exemplify a "sex crime" or an act of prostitution.

In light of the evidence presented above, I fail to see how it can be defended that the language used wasn't appropriate when other vocabulary/phrases far more offensive and vulgar are allowed in game(not picked up by the chat filter), and aspects of the game concepts themselves hint at the very thing that was said. To do so contradicts the already allowed words and phrases in game that go against the games rules.

This is also connected with a community panel of judges that decide on cases based on their own subjectivity. Some cases are clear cut objectively because the exact infraction is listed, or is it basic common sense being used i.e.. chat filter work arounds for racism or vulgarity.

The judges who decided that this case should have been deemed guilty should have their credentials and voting history on cases reviewed. If someone is going to vote a case to be guilty based on a purely subjective nature without the basis of objectivity, you are setting up a precedent that can be deemed undemocratic and an injustice.

I would like to see that this infraction is stricken from my account at the earliest possible convenience.

If this verdict is being upheld, the position is being made by the powers that be, that this would fall under the subjective and ambiguity of the language rules, which to me would be a cop out at dealing with this appropriately and also a wrongfully placed supportive measure of backing up community judges who got this wrong. This would come at a price.

By allowing this to stand, the justice system of this game is saying that there are rules are in place, but open to subjective interpretation with out the basis of objectivity. If this is fact what the game wants to stand by, then rules are merely suggestions in this case, and orderly rule of the law does not exist in this community. Justice is dealt with in objective realm, and if the subjective realm is being used, then there needs to be some objective basis in fact. This has failed to meet this threshold and really shouldn't have escalated any further than the initial reporting stage.

This does seem to be a lot of fuss for a 1st time infraction but I wouldn't be challenging this if I didn't think that the possible decision here would be starting a slippery slope and be viewed as a debasement to the current judicial system of the game and how infractions are interpreted and acted on in this community.
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Re: Appeal: Bananahammock

Postby Jerme » Sat May 27, 2023 1:34 pm

I'd like to quote the Terms of Use for you. Maybe this explains the situation to you and why we stick to out decision.
"E. Transmitting or communicating any content which, in the sole and exclusive discretion of BlankMediaGames, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;"
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Re: Appeal: Bananahammock

Postby bananahammock » Mon May 29, 2023 11:45 am

I have read the Terms of Use and if you have read my previous post fully (which I assume you haven't based on the curtness of the reply) you will see that based on the other accepted vocabulary allowed in game, what I said does not infringe on the ToU. The fact that Escort/Consort which are sex workers are in game, make my infraction a contradiction.

If you had read my post previous to this without attempting to brush off my counter to this case, you will see the infraction is a contradiction. I get when you have the community police itself as it does here you can get different ways of looking at things. There is more objective evidence that would state this isn't an infraction, the only way to look at this as an infraction is to look at it subjectively which is wrong and contradicts the rules and terms of the game.

If this case is being cast aside with an summative quoting of the ToU in light of the rule contradiction, then shame on the admin team and those who regulate the rules of this community. If this is in fact the final decision here, then justice in this game doesn't exist and appeals are a waste of time as any decision made by the judges is a foregone conclusion. Even in the face of clear contradicting evidence connected to documentation released for this game, if the powers that be stand firm on this, it clearly shows the unprofessionalism of the leadership in this community. I expected better than this, and if this verdict stands I am greatly disappointed with this admin team.
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Re: Appeal: Bananahammock

Postby Jerme » Tue May 30, 2023 10:30 am

The keyword is the "not limited to" of the listings. Those are examples, not the full coverage.
Do you know that there is a verb called "to escort", which has nothing to do with any sexual activities? This means mostly a guarded travel, sometimes short (escorting someone off the property), or longer, when for example a high profile person needs some protection during their travel time. The person that offers such services can be regarded as an escort. The profession covers more than what you are limiting them to.
That aside does "sex crime" imply only one sided consent, thus is your argument of the limitation moot. Implying the one sided consented activities of that topic would already warrant a punishment.
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Re: Appeal: Bananahammock

Postby bananahammock » Wed May 31, 2023 11:04 am

The definition you are attributing “escort” is a description of a concierge and is not how escort is used in this game. Roles are also not “verbs” but nouns in this case.
The description of escort in loading screens is “a beautiful person skilled in distraction”. Let’s review what this role does. An escort visited the home of their intended target at night and prevents them from essentially leaving to conduct their role. So if the role is described as someone beautiful and skilled in distraction who visits at night what would you think the implying is? Also take a look at the avatar labeled “escort”, they are essentially a femme fatal implying “flirtatious” distraction. Need I break this down to you any further? If I must, I feel as if I might be giving a sexual education talk to you. There are websites I can direct you to where this game is rated and the role of “escort” is flagged as sexual content, so I am not the only person who sees this. The escort role is not the activities you stated at all in regards to the game play. Only limitations I am putting on this is what is in the realm of the game in terms of the role of Escort.

Speaking of limitations, your second point is implying that using the phrase “sex crimes” I was referring to something sexual in nature that is non-consensual or one sided as you put it. You are also limiting the scope here. There are many sex crimes that are victimless in some societies where they are deemed illegal, such as prostitution (selling and buying of sex) and homosexuality (unfortunate but true in some societies). In both of these cases sexual acts can take place that are consensual but are deemed sex crimes in the societies and countries they take place in. This second point which is what you seem to be sticking with as your reasoning for my reprimand is very flawed. You assumed without any direct quote that I was referring to a victim connected sex crime, which is very wrong and slanderous.

If I mentioned “gun crime” in game as a vigilante, would I be directly referring to murder, or genocide? I could be referring to a robbery, hostage taking …etc. In no way from the statement made can you derive a direct type of gun crime. Reference in game to a genocide or slaughter would be terrible in my opinion, but that can’t be connected with the use of “gun crime” on its own.

The same principle can be made here in this case as well that I have exhaustively explained in the many posts here. The basis of your argument is construing the meaning of a basic statement and tagged a direct meaning that was not stated or implied. It is using a subjective approach to come to this conclusion. I expect now your next statement will just be to refer to “not limited to” to cover your and the judges actions. I say this because based on my examination of appeal posts, the only time I have seen a successful appeal is when the person admits faults and is apologetic.

Well Jerme, I refuse to apologize, and refuse to admit wrong doing, because there has been no wrong doing here in this case. There is nothing in the rules that states I did wrong, except an ambiguous clause that basically states that judges and admin/leadership have the final say on things regardless of the written rules.

For those following this thread, take note, anything you say regardless of if it doesn’t violate the rules of TOS, can be interpreted, implied, and subjectively construed, to validate a suspension and or ban, without objective justification.

I dare you Jerme and other leaders of this community to prove me wrong, but it seems doubtful that the leadership here has the capacity to admit when they are wrong, and will continue to defend its actions in this case on a weak/non-existent interpretation of the rules.
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Re: Appeal: Bananahammock

Postby Flavorable » Wed May 31, 2023 12:40 pm

Moderator Message: Your appeal has been denied. Your reports are valid and valid suspensions or bans cannot be appealed.
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