Owen Glyndwr vs Vincour

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ori

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Owen Glyndwr is appealing the following:

Hey ori, I already sent this message to bootstoots, but just in case he's away and can't get around to it:

Hi, I'm appealing the infraction I received here: https://forums.civfanatics.com/threads/would-you-pay-money-not-to-smoke.623132/#post-14884684

Some points to consider:

1) Fifty's hypotheticals post has been referenced in pretty much every hypotheticals thread from the time he made that post (many times by me, in fact) and, from what I can deduce through rudimentary google search, never once has anybody received even a warning to the effect that it is problematic.

e.g. https://forums.civfanatics.com/thre...-good-consequences.368465/page-4#post-9294431
https://forums.civfanatics.com/thre...or-those-you-care-about.441523/#post-10927309
https://forums.civfanatics.com/thre...ism-as-a-failure.411679/page-33#post-10313109

2) People generally haven't been infracted for linking Fifty's thread because Fifty doesn't call any poster stupid in the post (as the moderator alleges). He rather refrains to the phrase "makes [the poster] look stupid [because of the illogic of their argument]". This isn't calling the poster stupid. This is calling the poster's argument bad. Which, again, cfc has a long history of doing. And if you don't believe that, see:

https://forums.civfanatics.com/threads/youre-fired.622755/page-16#post-14883053
https://forums.civfanatics.com/thre...y-with-iii-reich.476314/page-10#post-12648180
https://forums.civfanatics.com/threads/the-east-asia-thread.483395/page-51#post-13259633
https://forums.civfanatics.com/threads/greatest-dynasty-of-india.307030/page-2#post-7908864
https://forums.civfanatics.com/threads/pirates-or-ninjas.299757/page-21#post-8218372
https://forums.civfanatics.com/threads/pirates-or-ninjas.299757/page-21#post-8220571

Just to digress a moment, here's a fun bit of irony: posters being infracted for disregarding the stipulations of a hypothetical:
https://forums.civfanatics.com/threads/debate-is-egoism-really-a-bad-thing.117582/#post-2725473
https://forums.civfanatics.com/threads/debate-is-egoism-really-a-bad-thing.117582/#post-2725586

So to reiterate: no trolling, flaming, or rules breaking was occurring in my post, or at least none that falls outside the bounds of accepted precedent on OT and the OT subfora. I was merely calling out Valessa for disregarding the framework of the hypothetical provided in-thread, which, again, is something that has been done with no problem in pretty much every hypotheticals thread for the last decade. Any meaningful argument towards a possible trolling would be on the basis of "he called the poster's argument dumb (and, to reiterate, not the poster themself)" which, although is mentioned explicitly in the rules, has largely gone uninfracted for basically the entire time I've been a member of cfc. I would say, moreover, that it's a pretty good indictment of an infraction being unwarranted when even the (nominally) injured party is remarking on the absurdity of the infraction, as happened here.

Owen Glyndwr,

Your actions in this message (Would you pay money NOT to smoke?) are not appropriate:

I would not pay the fee, not smoke the cigarettes and tell everybody around me to do the same.



https://forums.civfanatics.com/thre...at-hypotheticals-and-stipulations-are.283166/

Moderator Action: Please don't link members to content that tells them they're stupid. Trolling is inappropriate. - Vincour
Please read the forum rules: http://forums.civfanatics.com/showthread.php?t=422889
Please don't link other members to content that tells them they're stupid. It's trolling.

This is a one point infraction which will expire in a week.

- Vincour
Ok you're lucky I'm busy and can't be assed to actually compose a genuine appeal defense, because this is the most bullcrap, ticky-tack infraction I have seen in 10 years of being on cfc. When even the person being "trolled" is PMing me to call an infraction bull[EXCREMENT], you know you're doing something wrong moderation-wise.

Dude, seriously chill. You are ruining OT.
You know what? No, this infraction is a load of crap and I want it appealed. Some points to consider:

1) Fifty's hypotheticals post has been referenced in pretty much every hypotheticals thread from the time he made that post (many times by me, in fact) and, from what I can deduce through rudimentary google search, never once has anybody received even a warning to the effect that it is problematic.

e.g. https://forums.civfanatics.com/thre...-good-consequences.368465/page-4#post-9294431
https://forums.civfanatics.com/thre...or-those-you-care-about.441523/#post-10927309
https://forums.civfanatics.com/thre...ism-as-a-failure.411679/page-33#post-10313109

2) People generally haven't been infracted for linking Fifty's thread because Fifty doesn't call any poster stupid in the post (as the moderator alleges). He rather refrains to the phrase "makes [the poster] look stupid [because of the illogic of their argument]". This isn't calling the poster stupid. This is calling the poster's argument bad. Which, again, cfc has a long history of doing. And if you don't believe that, see:

https://forums.civfanatics.com/threads/youre-fired.622755/page-16#post-14883053
https://forums.civfanatics.com/thre...y-with-iii-reich.476314/page-10#post-12648180
https://forums.civfanatics.com/threads/the-east-asia-thread.483395/page-51#post-13259633
https://forums.civfanatics.com/threads/greatest-dynasty-of-india.307030/page-2#post-7908864
https://forums.civfanatics.com/threads/pirates-or-ninjas.299757/page-21#post-8218372
https://forums.civfanatics.com/threads/pirates-or-ninjas.299757/page-21#post-8220571

Just to digress a moment, here's a fun bit of irony: posters being infracted for disregarding the stipulations of a hypothetical:
https://forums.civfanatics.com/threads/debate-is-egoism-really-a-bad-thing.117582/#post-2725473
https://forums.civfanatics.com/threads/debate-is-egoism-really-a-bad-thing.117582/#post-2725586

So to reiterate: no trolling, flaming, or rules breaking was occurring in my post, or at least none that falls outside the bounds of accepted precedent on OT and the OT subfora. I was merely calling out Valessa for disregarding the framework of the hypothetical provided in-thread, which, again, is something that has been done with no problem in pretty much every hypotheticals thread for the last decade. Any meaningful argument towards a possible trolling would be on the basis of "he called the poster's argument dumb (and, to reiterate, not the poster themself)" which, although is mentioned explicitly in the rules, has largely gone uninfracted for basically the entire time I've been a member of cfc. I would say, moreover, that it's a pretty good indictment of an infraction being unwarranted when even the (nominally) injured party is remarking on the absurdity of the infraction, as happened here.
You'll need to PM that appeal to @ori or @Bootstoots.

You can also express your "you're ruining OT" sentiments to the admins. @Camikaze and @leif_erikson are the most active but @Browd and @Petek are around too.
 
Vincour's replies to Owen Glyndwr seem to be missing?

Are links allowed in OT with no other explanation? For someone like me, not well versed in OT, the content in a link could mean many things?

Why do people even respond to threads like these, if they ignored them they would die from lack of oxygen?
 
Vincour told me he'd get back to me today about this. I do not think there were any replies by him and judging by the tone of the messages. At least I would not have replied either. There was no attempt at all by Owen Glydwr to engage in any meaningful discussion.
 
This is Vincour's input. Its long so please do expand the quote...

First, to explain the lack of discussion between Owen and I: His initial reply to the infraction was dismissive and insulting. There was nothing I could say in response to either of his points ("you're lucky I'm busy" and "you're ruining OT"). His follow-up reply, meanwhile, refers to me in the third person and is written from the perspective of him, well, not arguing his case with me. Instead of redirecting the argument back to me I abode by his attempt -- that attempt being an appeal -- and told him who to contact if he wanted to appeal the infraction and who to contact if he wanted to tell a superior I was a net detractor from OT.

Owen and I have previously clashed in a private discussion where he used some hyperbolic language in response to a PM warning to alter some behaviour regarding inappropriate language on CFC (a matter that's been addressed by administrators at this point), and he made reference to this clash in the "what do you like/dislike about CFC" thread in Site Feedback. While I bear Owen no ill will, it is clear that any attempt at an actual discussion between he and I would likely lead to the same sort of clash occurring. I don't think forcing the issue in our private conversation about the infraction would have led anywhere useful for either party.

---

About the trolling infraction itself, I mostly feel it's self-explanatory but I'll explain my thinking regardless. While the thread is not an RD thread (it was originally but I removed the tag), the reply still exceeds any notion of 'fair play'. Owen's reply was unprovoked and serves to goad a negative reaction. There is no 'innocent' reason behind replying to someone with an eye-roll gif from the show Arrested Development and then linking to a 9 year old thread wherein the OP says repeatedly in bold that the intended reader is stupid. Some nitpicking room is available here where one can say the OP only says you look stupid but I don't find that a particularly compelling distinction in this instance.

There are far better ways to express disappointment that someone isn't keeping with the spirit of a hypothetical, and the way Owen did it is not one of those ways. The gif, and using an inappropriate thread as a primary discussion tactic, are both inappropriate in today's CFC environment. The theory that this was trolling is then confirmed by Valessa's reply with a gif of a middle finger and a silly "go kick rocks"-esque reply. Even if the two parties think it's a golly good time, their public actions don't express that and the rules are fairly clear that there are limits to camaraderie.

---

About Owen's defense, I had originally planned a much longer reply deconstructing it but after the above two explanations I'm not sure it's necessary. I'll still address it, though, and it'll still probably be fairly long. :blush: I will start from the bottom and go from there.

So to reiterate: no trolling, flaming, or rules breaking was occurring in my post, or at least none that falls outside the bounds of accepted precedent on OT and the OT subfora. I was merely calling out Valessa for disregarding the framework of the hypothetical provided in-thread, which, again, is something that has been done with no problem in pretty much every hypotheticals thread for the last decade. Any meaningful argument towards a possible trolling would be on the basis of "he called the poster's argument dumb (and, to reiterate, not the poster themself)" which, although is mentioned explicitly in the rules, has largely gone uninfracted for basically the entire time I've been a member of cfc. I would say, moreover, that it's a pretty good indictment of an infraction being unwarranted when even the (nominally) injured party is remarking on the absurdity of the infraction, as happened here.

Owen admits in this block that his post breaks the rules but that he should get a pass because at some point in the past, it wasn't infracted. He also believes the infraction should be overturned because the person he was trolling thinks it's fine. I dismiss both points. First, something being infracted (or not infracted) in the distant past isn't exceptionally relevant to today's moderating, especially when the rule being invoked is one that has a strong 'moderator's discretion' clause. And beyond that, Valessa's private approval of the conduct is irrelevant since Valessa is not a moderator and is often getting into trouble themselves. Two rule-breakers thinking their behaviour is fine isn't a compelling point, and this isn't a power-in-numbers situation.

Owen also makes a claim that behaviour like his has gone uninfracted during his entire stint on CFC. I'm unwilling to go searching through the report logs for this but I know this isn't true. Posts that express the same language as the linked thread does are infracted regularly, and Owen linking to a 9 year old thread instead of saying it verbatim himself doesn't absolve him of the responsibility of what the content is conveying.

Moving back to the top of the appeal...

1) Fifty's hypotheticals post has been referenced in pretty much every hypotheticals thread from the time he made that post (many times by me, in fact) and, from what I can deduce through rudimentary google search, never once has anybody received even a warning to the effect that it is problematic.

e.g. https://forums.civfanatics.com/thre...-good-consequences.368465/page-4#post-9294431
https://forums.civfanatics.com/thre...or-those-you-care-about.441523/#post-10927309
https://forums.civfanatics.com/thre...ism-as-a-failure.411679/page-33#post-10313109


This point, in my opinion, is irrelevant. The links provided are from 2010 and 2011, two of which are posts made by permanently banned members. Owen is right, these posts weren't infracted... back in 2010 and 2011. That they weren't isn't a precedent for 2017, and even Owen would have to admit that the linked posts are different than his reply to Valessa that got him infracted. The first linked reply would be infracted in today's OT. The second would be borderline but let go probably. The third would be fine since it was packaged with a real reply. Even then, however, I'd probably edit out the URL to the 'problem thread' since we have progressed as a community beyond the point where telling people in bold font they're stupid is kosher. This final point leads into the next...

2) People generally haven't been infracted for linking Fifty's thread because Fifty doesn't call any poster stupid in the post (as the moderator alleges). He rather refrains to the phrase "makes [the poster] look stupid [because of the illogic of their argument]". This isn't calling the poster stupid. This is calling the poster's argument bad. Which, again, cfc has a long history of doing.

I don't believe this distinction or the point being made. When you are wielding this thread as a replacement for your own effort in a discussion, I don't consider there to be a wide gap between telling the member they're stupid or telling them they look stupid, especially when the point is put into bold text SIX times. Perhaps the points being conveyed in the 9 year old thread from Fifty are true and reasonable, but the truth and reasonableness is being lost in that they are being packaged in phrasing that would, today, get the user dinged with a flaming infraction.

There is nothing in Fifty's thread from 2008 that cannot be written in a more reasonable manner today in 2017, and the only reason I can see for someone to wield that thread as a primary tactic is to be able to tell someone they are/look stupid. This isn't a scenario where someone is linking to the thread and then accompanying it with their own thoughts. This is a scenario where the person in question posted an eye-roll gif and then linked the thread with no accompanying commentary. I feel there are better ways to express one's disappointment over someone not abiding by the very strict terms of a hypothetical.

Owen also goes on to say that CFC has a long history of people calling arguments bad/stupid which is more than true. Unfortunately, that isn't what is happening here. Valessa did not make an argument. There was no discussion taking place. Valessa answered the hypothetical's question and Owen's response was the eye-roll and the thread link. He wasn't calling an argument bad. He was trolling someone because they didn't participate in the hypothetical the way he wanted them to.

https://forums.civfanatics.com/threads/youre-fired.622755/page-16#post-14883053
https://forums.civfanatics.com/thre...y-with-iii-reich.476314/page-10#post-12648180
https://forums.civfanatics.com/threads/the-east-asia-thread.483395/page-51#post-13259633
https://forums.civfanatics.com/threads/greatest-dynasty-of-india.307030/page-2#post-7908864
https://forums.civfanatics.com/threads/pirates-or-ninjas.299757/page-21#post-8218372
https://forums.civfanatics.com/threads/pirates-or-ninjas.299757/page-21#post-8220571

Just to digress a moment, here's a fun bit of irony: posters being infracted for disregarding the stipulations of a hypothetical:
https://forums.civfanatics.com/threads/debate-is-egoism-really-a-bad-thing.117582/#post-2725473
https://forums.civfanatics.com/threads/debate-is-egoism-really-a-bad-thing.117582/#post-2725586


I'm not too sure what to say about these links. Owen presented these as though they supported his argument but they don't, from what I can tell at least. The first link is a post made by a member recently banned, and it was in direct response to a dismissive post made about one of his replies. This falls under 'fair play'.

The second link is from 2013 in the World History forum. WH isn't in my wheelhouse, it certainly wasn't back in 2013, and as far as I know the discussion taking place in that thread involves a couple people who are now permanently banned on CFC for behaviour that is being referenced by Traitorfish's reply. This also seems to fall under 'fair play', although I don't know if World History makes use of that.

The third link is from 2014 and seems wholly unrelated to Owen's points. I don't know why this was linked. It's a good post.

The fourth link is from 2009 and is in World History. Again, not my wheelhouse and this is from 8 years ago. The post itself seems fine.

The fifth link is from 2009 and is in Humour & Jokes. Same point as above. The reply is fairly dismissive/insulting. I'd probably ding it in OT if there was a negative reaction to it.

The sixth link is from the same thread as the fifth and seems completely fine.

Owen then goes on to link to two moderator actions from 2005 as a demonstration of irony. I don't really have a response to this as it was 12 years ago.

---

Apologies for the lengthy reply. Hopefully I covered all my bases. I approve of any and all publication.
 
The banter and chat rules:
"Banter and Chat
'Banter' between 'friends' is treated no differently from any other forum posts. For example, if you flame a 'friend' and think that because you don't really 'mean it' then it is OK, it will still be considered as flaming and dealt with accordingly. Moderators do not have the time, or inclination, to check with each person whether they are offended by the flaming, and it would also result in the appearance that the rules are not applied consistently.

If you want to "chat" with another member (or members), please do not do so in one of the threads. Instead, start a conversation."

What Valessa thinks of the infraction has no bearing on the issue imnsho.

The .gif is, in itself, trolling.

Vote to uphold.
 
I cannot see the gif as my browser does not support this filetype...

As for the link: I agree with Vincour that there it has to be interpreted as trolling and having previous posts link to it does not change it. Also Context matters a simple link drop is something else than a post including some critique of the way the OP is structured and then offering the link as a source. As such I would uphold.
 
Owen certainly should've made a more genuine attempt to resolve the matter with Vincour before jumping to an appeal, which Vincour understandably obliged. I'm sure Vincour would've preferred to amicably resolve the issue without the matter needing to go to an appeal.

The change in standards between 2008 and 2017 is particularly relevant, and I'm extremely reluctant to vote to overturn an infraction that the current OT moderators regard as rule-breaking according to the current OT standards. But I think Owen does have a reasonable expectation that the post would not be infracted, given it is has been deployed innumerable times in the past, and the sum of official announcements between 2008 and 2017 is that standards have become laxer. It is open to the OT moderators to embark upon a stricter interpretation of the rules, but in the absence of an announced policy, I don't think it's particularly unreasonable for a member to post something that was fine in a pre-'non-RD' environment, and expect that it is still fine in a present 'non-RD' environment, when the same thing has never been infracted at any stage along the way.

In terms of the OT moderating guidelines, we currently have as follows:
If the thread is not an RD thread:
  • The troll appears to intend for their post to draw a negative reaction:
    • The trolling is serious or repeated, or otherwise violates the "don't be a jerk" rule:
      • Infract and ban the poster. Consider deleting the post if its continued presence threatens to draw more negative responses.
    • The trolling is fairly mild:
      • Do nothing. In a non-RD thread mild trolling is not our concern. However, withhold the benefit of the doubt for repeat offenders.
  • The troll is reckless as to whether their post is likely to draw a negative reaction:
    • The trolling is serious or repeated, or otherwise violates the "don't be a jerk" rule:
      • Infract and consider banning the poster. Consider deleting the post if its continued presence threatens to draw more negative responses.
    • The trolling is fairly mild:
      • Do nothing. In a non-RD thread mild trolling is not our concern. However, withhold the benefit of the doubt for repeat offenders.

Of course, the usual proviso applies - the guidelines are not rules, they are simply guidelines, and they can be altered by the current OT moderators if they collectively so wish. But in the absence of some announced change, those guidelines do illustrate the type of standard users of OT might expect to be applied in a particular situation. I don't see how the post in question could fall into anything other than the last category. Given the context, we can reasonably assume that any trolling is 'reckless' rather than 'intentional', and l don't think it's contended that the trolling is anything other than 'mild'.

Now again, it's open to the OT moderators to change the standards that are applied in OT, but in the absence of clear signalling, I don't think a poster should be infracted where they would have a reasonable expectation that their post is not rule-breaking, and have made the post on that basis. This is not saying that because something was not infracted in the past, you're immune to any action if you post it again. But it is saying that when someone posts something that according to the advertised rules is perfectly fine, we can't suddenly change the standards on them without announcing it. They can reasonably expect that there will be some official indication of the changed standard prior to receiving an infraction for posting something which was previously considered acceptable.

The 'banter and chat' section of the forum rules I think should also be considered in the context of the non-RD standard that those who enter a thread consent to a bit of rough play. The 'jerk' rule simply rules out attacking those who are not present, and who have not so consented. But if you are posting in a non-RD thread, then the advertised standard in the stickied rules thread in OT is that, "With 'lighter moderation' comes some tolerance for minor flaming of people that you are debating in a given thread", and, "As a clarification of the 'jerk' rule, if A and B are discussing something, then each has some freedom to play rough with the other, and even C can enter the thread and enjoy some of that same freedom in relation to both A and B". Those statements are pretty meaningless if you can't tell someone that failing to accept the stipulations of a hypothetical isn't clever. It's not particularly fair to posters if they are being infracted for something which the stickied rules thread in OT appears to allow.

I would vote to overturn.
 
I had not noticed that this came from a non-RD thread. In that case, and in light of Camikaze's explanation, I agree with him and would vote to overturn.

With that, I think there needs to be a discussion of the staff to review how the RD/non-RD system is working and if any adjustments are needed. This would bring new staff members and old hands together on moderation standards and assist with consistency.
 
I am finally getting around to wrapping things up. This is a 2:2 vote. We did have that in the past once which was then decided by a late vote switch. so we never came around to decide how a tie is treated. Moderator Action: <snip> - discussion on treatment of tied votes removed as there is no consensus yet
 
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Moderator Action: <snip> - discussion on treatment of tied votes removed as there is no consensus yet
 
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I'll make this easy and vote to overturn without really thinking about it, just to break the tie and make the outcome clear.

Moderator Action: <snip> - discussion on treatment of tied votes removed as there is no consensus yet
 
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So I told both of them that the warning is to be reversed and will publish this thread shortly.

Moderator Action: Edit: published and discussion on treatment of tied votes removed as there is no consensus yet.
 
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