Petition: Falcomist's ban - Page 10

AngellicDiety · 05-04-2008, 10:52 AM

Originally Posted by Spirit

It is a game. They can make any rule they like. The solution if you don't like the rules of the game? Don't play the game.

No site, service, company, organization, and or corporation may restrict any constitutional rights if they reside within the United States.

So outspark is not legally allowed to do this if the company resides within the United States of America and membered states where the constitution apply's.

Many people misrepresent vulgar as a form of speech. It is a form of expression, thus does not come under the constitutional rights (although I may be mistaken as I have not read the constitution in its entirety.)

**Lady-Loki** · 05-04-2008, 02:54 PM

Originally Posted by AngellicDiety

No site, service, company, organization, and or corporation may restrict any constitutional rights if they reside within the United States.

So outspark is not legally allowed to do this if the company resides within the United States of America and membered states where the constitution apply's.

Many people misrepresent vulgar as a form of speech. It is a form of expression, thus does not come under the constitutional rights (although I may be mistaken as I have not read the constitution in its entirety.)

And, I believe when you clicked through to register you in pretty much agreed to accept Outspark's TOS which means yes they can. And if you read the TOS is is written in gray a good bit so that leaves it open to interpretation and I can assure you that if you want to challenge them on it,outside of a court of law, they will win. In a court of law they most likely will win but with a minor concession to edit some piece of the TOS.

But again, when you clicked through to register you agreed to them having the right to "restrict any constitutional rights" that being freedom of speech. And you HAD to accept the TOS or you get stopped in the registration.

MaxOff · 05-04-2008, 03:05 PM

oustark can ban u at anytime for no reasons at all. So there is no point in discussing if what he did was against the ToS or not.

Im also thinking that some parts of the ToS may are against my countries law, and may also against usa law.

**Yosei** · 05-04-2008, 04:02 PM

I don't think people should go into legal issues, its just a game.

When it comes down to it... the other party was flaming falcos friends, he didn't screen it, they didn't get banned. He started flaming them... they screened it, he got banned. Its like they lured him into a trap. He got what he had coming, the others unfortunately didn't D: The minute you start flaming, no matter how nice of a person you are, you are on the same level as all flamers.

Maybe it was a bit harsh, but most companies have some kind of zero tolerance rule.

AngellicDiety · 05-04-2008, 05:05 PM

Originally Posted by Lady-Loki

And, I believe when you clicked through to register you in pretty much agreed to accept Outspark's TOS which means yes they can. And if you read the TOS is is written in gray a good bit so that leaves it open to interpretation and I can assure you that if you want to challenge them on it,outside of a court of law, they will win. In a court of law they most likely will win but with a minor concession to edit some piece of the TOS.

But again, when you clicked through to register you agreed to them having the right to "restrict any constitutional rights" that being freedom of speech. And you HAD to accept the TOS or you get stopped in the registration.

I'm not sure you understand law.

A set of terms for service, or a contract can in no way violate the law. Even if you have agreed to it, it is still illegal.

With concrete evidence that the terms violate the law, you will win the case.

Most amataur law practioners dont get that when a case is brought to the court, it does not depend on the other factors such as agreement. It simply addresses the reason its taken to court in the first place.

For instance I could draft a contract saying:

A) You forfeight your human rights
B) You forfeight the ability to move freely
C) You forfeight the right to speak freely
D) This agreement is subject to change at any time.

And you can agree to it, but a judge would still find it illegal on my part.

Centrix · 05-04-2008, 05:08 PM

Originally Posted by Yosei

Maybe it was a bit harsh, but most companies have some kind of zero tolerance rule.

All to prevent favoritism =/

They have their policies.

**Lady-Loki** · 05-04-2008, 07:55 PM

Originally Posted by AngellicDiety

I'm not sure you understand law.

A set of terms for service, or a contract can in no way violate the law. Even if you have agreed to it, it is still illegal.

With concrete evidence that the terms violate the law, you will win the case.

Most amataur law practioners dont get that when a case is brought to the court, it does not depend on the other factors such as agreement. It simply addresses the reason its taken to court in the first place.

For instance I could draft a contract saying:

A) You forfeight your human rights
B) You forfeight the ability to move freely
C) You forfeight the right to speak freely
D) This agreement is subject to change at any time.

And you can agree to it, but a judge would still find it illegal on my part.

Regardless of "Freedom of Speech" there are also Harassment Laws that have been upheld in court where employers are under court order to ensure a workplace that is free of harassment based on sexual, racial, and religious, on and on. The courts upheld the Harassment Law over the "Freedom of Speech".

In raw terms, there isn't "absolute" freedom of speech. You can't yell "fire" in a crowded theater; you'll get arrested.

Theoretically, you are free to speak your mind without fear of retribution. On the other hand: With the way our society has become, some things you are NOT free to say. "Hate speech" i.e. racial comments as an example.

But this issue has nothing to do with Constitutional rights or â€œFreedom of Speechâ€. It is solely a matter of Outspark enforcing the TOS. If you don't abide by them, then Outspark can, at their discretion, perma-ban you. And I do not really think anyone plans to take them to court, so, the TOS is pretty much the law in this case. And, I also believe that if Falcomist took them to court Outspark would win because based on whatever screenies they had submitted, he violated their TOS in regards to some form of racial slur, and like an employer, Outspark has an obligation and a right to ensure a game environment that is free of harassment based on sexual, racial, religious, on and on.

+Tequila+ · 05-04-2008, 08:53 PM

technically the internet is not governed by the bill of rights. There are really no laws as to what you can and can't do on the internet which is why things like private servers , free movie sites and other things can exist there. So if a company wants to set a english only rule they can. My stepdad and his wife work for the FBI and I've spoken to them many times on this subject and they've always said the same thing as what Loki has stated.

MaxOff · 05-04-2008, 11:00 PM

Originally Posted by +Tequila+

technically the internet is not governed by the bill of rights. There are really no laws [..]

that is incorrect, the internet law is the law of the local country.
Yet the internet has no country boarders in it, so u are right in an indirect way.

**Ralath** · 05-05-2008, 03:20 AM

But if you really want to get legal, I present:

Roth v. United States

Basically:

Obscenity is not protected by the U.S. Constitution
Obscenity is defined by community standards.

But even if you do go on to read to the bottom a little further about Miller v. California (which I hope you do), it says that obscenity is protected under the First Amendment unless distributed to minors and unwilling third parties.

Falcomist broadcast his speech into public. Therefore, First Amendment does not protect him.

Ahem.

:3