Appealing: HitokiriSha

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Appealing: HitokiriSha

Postby HitokiriSha » Mon May 09, 2022 5:09 pm

I believe I've been banned for using the ingame name "Gfuel on Kyle", name based on another player which was discussed in pregame lobby, a name, which, while not an excuse, many players used due to it being, again, discussed in pregame lobby. I never gotten into problem after naming myself after other players and based on quick read through terms of service naming yourself after another players is not something that's mentioned there so I didn't think much of it. The Juror Guide linked inside town of salem fandom page and tos rules (pay to play version) document linked inside Trials system's Rule Book make no mention of such thing either.
Rules on blankmediagames(dot)com say this about inappropriate names "This includes but is not limited to names that are vulgar, racist, or sexually explicit." and I don't think naming yourself after another player falls into the same category.
Information Regarding Appeals mentions in section about skipping strikes that "Moonman/Marmu/Mannequin/Renze accounts (and pretenders, since you have no reason to behave like these people)", this ban appears to falls closest to this, however based on actual game where I got reported, never did I actually pretend to be the player I based my name on, I made no comments implying I'm him, didn't do anything he would normally do and just played normally, regardless of name.
As I do not know if the archived reports were deemed guilty or not guilty I don't know if this would be, if still deemed guilty, my 1st or 4th+ strike. I'm also unsure if the problem with name wasn't the fact that it was based on another player but that it mentioned "Gfuel" and I got banned for what may be advertising, even though I did not mention it once entire game and it was just inside my name.
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Re: Appealing: HitokiriSha

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Re: Appealing: HitokiriSha

Postby Jerme » Wed May 18, 2022 2:16 pm

Greetings,

please note that the chosen name resembles a very troublesome user, and thus is regarded as you claiming to be them and thus be punished accordingly, I apologize.
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Re: Appealing: HitokiriSha

Postby HitokiriSha » Mon May 23, 2022 8:09 pm

Thats kinda the thing, I'm unaware of that being a rule. That rule would require users to know the names of every single one "notorious" gamethrower in order to avoid using them and thus avoiding ban. I feel like naming yourself after a guy that threw in previous game and then getting banned because apparently he is on some watchlist, which I cannot find and the closest I could find makes no mention on him (at the time of ban at least). If there is list of notorious gamethrowers I could not find it in obvious places. In my 4, almost 5, years of playing I havent came across this rule either.
As I mentioned, I checked the "terms of use" of ToS, section V, code of conduct, subsection L talks about account name, assuming the same rules apply to in game name, then the rules are " Selecting an Account name that is falsely indicative of an association with BlankMediaGames, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable"
The name "Gfuel on Kyle" has no association with BMG, contains no personally identifying information, outside of rather common name "Kyle", which doesn't really share anything personal, doesn't infringes on the proprietary or non-proprietary rights of third parties.
"Kyle" and "Gfuel" are also not, either by themself or connected, offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically objectionable.
"Gfuel" is product that's promoted by youtuber "PedDiePie", I'm unaware if it is alcoholic drink or type of drug but I believe youtube wouldn't not allow him to promote it.
Furthermore, /rules/ on blankmediagame(dot)com, mentions in section "NO INAPPROPRIATE NAMES" that "No Inappropriate Names – Creating or using a username or in game name that is deemed inappropriate. This includes but is not limited to names that are vulgar, racist, or sexually explicit."
While the list is not limited to "vulgar, racist, or sexually explicit", those examples provide rather straightforward tone to the rule. ie: stuff that even person who didn't read the rules should know not to use, obviously bad stuff. This rule does not mention copying another person's nickname, and as I mentioned "Kyle" or "Gfuel" are not vulgar, racist, or sexually explicit words.
Ingame button "Rules" mentioned previously aforementioned stuff.
Town Of Salem fandom wiki, which is listed on this forum, page about rules links to "terms of use" and "juror guide", this guide talks about Inappropriate IGN, this guide makes no mention of the situation that happened here. The guide also further links towards "IG Guide", which makes no mention of this either.
The guide has line that states "Names that target a specific user in an extremely negative manner.". As I only changed the wording of his name I don't believe it was "extremely negative".
Trial system itself has "Rule Book" section links to "TOS RULES (pay to play version)", which once again fails to mention this issue.
Closest thing I could find towards this issue would be in "Information Regarding Appeals", inside "Why was I permanently banned instead of suspended on a first, second, etc strike? Don't you use the strike system?" section is mentioned that:
...falling under any of the following situations (please note this is not an exhaustive list, just the most common); "Notorious gamethrowers, spammers, etc." and "Moonman/Marmu/Mannequin/Renze accounts (and pretenders, since you have no reason to behave like these people)".
Notorious gamethrowers, spammers, etc.: I don't believe I fall under this category as I'm neither of those and in the game actively tried to win for my faction.
Moonman/Marmu/Mannequin/Renze accounts (and pretenders, since you have no reason to behave like these people): Kyle is not mentioned. It mentions "and pretenders", further specified by "..to behave like these people". At no point in that game did I actually pretend to be Kyle by either claiming to be him or behaving like him. Saying simply having simmiliar name means Im claiming him I feel isnt really the case, as having names such as "jailor" would in that case imply Im claiming jailor.
Going over forum tabs, "Frequently Asked Questions" has "[GAME] What are the rules for Town of Salem", which links to "terms of use", mentioning section V, and Rules page blankmediagame(dot)com. It once again doesnt link nor mention naming yourself after some person that threw last game as perma bannable offense.
The closest thing I could find towards the rule was inside the appeal forum section, a section usually used by people already banned, section I had no need to visit because I wasnt banned. The list once again also doesnt mention Kyle. I feel like permanently banning people over rule that is hard/impossible to find isn't exactly the best practice.
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Re: Appealing: HitokiriSha

Postby Jerme » Wed May 25, 2022 10:48 pm

Just as a heads up: The namechoices would resemble more of those who are repeatetly breaking the rules with countless of accounts, not a general thing for those who name themselves in the same way as someone else who broke the rules with that chosen name. But well, I think this might need to be more visible, as were the botclaiming...
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Re: Appealing: HitokiriSha

Postby Flavorable » Sun May 29, 2022 11:46 am

Benefit of the doubt, once, because the name was not identical.

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