Unfair use of moderator permissions

[bustr]

OK, the case was dismissed on lacking any 1st A standing, so the kid doubled down. Seems he is a well known serial suier of gaming companies.

Northern District of California District Judge Ronald M Whyte ruled that there was no plausible First Amendment claim for relief stated and dismissed the case.

http://gamepolitics.com/2009/10/01/judge-able-resist-psn-lawsuit/

 http://www.engadget.com/tag/erik-estavillo/

It's been 6 years since he filed an appeal with the 9th court. I cannot find the appeal nor any notification of rejection, nor any ruling.

Traveler what are you trying to accomplish other than harass HTC over how they handle their private service by trying to frighten them with a reference to a lawsuit by dingdong? That is almost on par with the serial suier dingdong......
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http://www.engadget.com/2009/10/27/banned-psn-player-appeals-court-decision-sues-sony-again-for-1/

If at first you don't succeed, try, try again. Erik Estavillo made headlines in the gaming blogosphere last summer for his $55,000 lawsuit against Sony, launched in retaliation for being banned from the PlayStation Network. As predicted, the judge dismissed his case after determining the First Amendment did not apply to Estavillo's claim.

Estavallo isn't going to be stopped by a mere district judge's ruling, though. In addition to filing an appeal, Estavillo is also filing another lawsuit against Sony -- this time, a civil suit seeking $180,000 in damages; more than three times the amount of his original, dismissed suit. According to GamePolitics, Estavillo will once again opt out of using a lawyer, choosing to represent himself for both upcoming cases. We wish Estavillo the best of luck.

[pembquist]

Maybe Estavillo should take anti anxiety medication and try to get out more.

[Traveler]

Traveler, as far as I can tell all you are advocating is for more ways for people who should not have to be moderated, to complain and make excuses for acting like three year olds. 

Acting like an adult and taking a second before typing something stupid is just not that hard.  Quit playing arena lawyer and let it go will ya?

No that's not the case, what I'm advocating is that the moderator be provided a tool other than the mute button, one that tells the questioning party , either the customer that was muted and is back, or as in the OP's case a squad mate that may ask the question.  that the Moderator have a too that sends out a pre-canned response in answer to the customer's question that directs them to the proper authority (HTC) for the answer and is not automatically muted.  When the customer's only crime is asking a question that violates an unwritten and undocumented rule, that seems pretty unfair to this customer. 

[Traveler]

It is also in violation of a few consumer privacy laws of a few states to tell a 3rd party what actions have been taken on another person's account not immediately related (i.e. parent and child).

In the case that spurred this thread, HTC would have been wrong to tell the squadron mate asking why his buddy was muted.

and HTC could have pre-canned your exact answer and provided that answer to anyone that asked a question and not automatically muted them. 

[Traveler]

Finally the other shoe drops and the reason for Traveler's sudden back bone in picking this fight and dragging it out forcing repeated written responses from an HTC representative.

Sorry you feel the need to degrade this discussion and resort  to personal attacks against me.  As to “back bone”  I earned mine in the Quang Tri Province South Vietnam at a place call Lang Vie January through early February 1968.

Also, there is no way to force anyone to respond to a BBS.  Everyone posting does so of their own volition. 
My end game?  Is to change what I feel is an HTC anti customer policy that punishes a customer because they asked a question in text.  I think a more customer friendly response would be a pre-canned response telling the customer asking the question to contact HTC, not automatically muting them.

[Guppy35]

No that's not the case, what I'm advocating is that the moderator be provided a tool other than the mute button, one that tells the questioning party , either the customer that was muted and is back, or as in the OP's case a squad mate that may ask the question.  that the Moderator have a too that sends out a pre-canned response in answer to the customer's question that directs them to the proper authority (HTC) for the answer and is not automatically muted.  When the customer's only crime is asking a question that violates an unwritten and undocumented rule, that seems pretty unfair to this customer.

I'll say again. It's just one more thing to complain about.  If anything the vets in the arena could just as easily supply the " canned answer" you believe the clueless need.  After all these years without said canned answer it seems silly on the cusp of the change to AH3 that adding a canned answer is even remotely important.

You as well as I know that when a squaddie jumps into the fray it isn't with an innocent halo over thier head, it's just looking to add fuel to the victims fire.  As most squads should have enough folks in them who have a clue, they should be policing thier own. 

[FLS]

I'll say again. It's just one more thing to complain about.  If anything the vets in the arena could just as easily supply the " canned answer" you believe the clueless need.

You mean after the clueless 2-weeker is first muted, waits 10 minutes and asks why he was muted, and gets muted again, then he'll stick around while the vets he can't talk to explain things to him?

[hitech]

I'll consider adding to the "You have been muted" to "You have been muted, any questions contact HTC".

But I will not require or ask mods to respond to any confrontation or question.

In reality if it was simply the question "Why was I muted" he would most likely would not be muted again unless he has a history of being a problem child, but more likely it would be "Why was I muted I didn't do any thing you xxxxxx" and yes he would be muted again.

But Travelers argument does not hold water, because if a new guy was moderated he would have already received a warning  before being muted. If it's a long term player. He would know to contact HTC if he had a real complaint.

Travelers straw man simply does not exist.

And we have NEVER received a complaint about the actions of a moderator ,that after we looked into it, we thought the actions of the moderator was not justified. I repeat NEVER, every singly time we look , it a yup, he deserved it.


HiTech

[Zoney]

Traveler, you have been in the forums since 2004 with 2380 posts.  You knew the rules, you've see a hundred times at least, posts about moderators that are always answered with "contact HTC directly".

I would therefore think that if you truly wanted to be a responsible squadmate and to help your buddy, you could have immediately stepped in and diffused the entire situation while in game.  You could also choose to diffuse the situation here but you are not.  You have chosen to dance upon the razors edge my friend and you will only get cut.  Take a step back.  Get on your squad forums and use your experience and wisdom to calm people down.  Remind them of why we play this game, grab your mates, log on, fly as a squad, and kill everything in sight.  There is the payback you are searching for.

  Respectfully yours sir.

[Traveler]

I'll consider adding to the "You have been muted" to "You have been muted, any questions contact HTC".

But I will not require or ask mods to respond to any confrontation or question.

In reality if it was simply the question "Why was I muted" he would most likely would not be muted again unless he has a history of being a problem child, but more likely it would be "Why was I muted I didn't do any thing you xxxxxx" and yes he would be muted again.

But Travelers argument does not hold water, because if a new guy was moderated he would have already received a warning  before being muted. If it's a long term player. He would know to contact HTC if he had a real complaint.

Travelers straw man simply does not exist.

And we have NEVER received a complaint about the actions of a moderator ,that after we looked into it, we thought the actions of the moderator was not justified. I repeat NEVER, every singly time we look , it a yup, he deserved it.


HiTech

To be clear I was not and never have been questioning why the abuser was muted, what I questioned was why someone that had not been muted asked why his squad mate was muted got muted instead of being directed to contact HTC.

[Oldman731]

And we have NEVER received a complaint about the actions of a moderator ,that after we looked into it, we thought the actions of the moderator was not justified. I repeat NEVER, every singly time we look , it a yup, he deserved it.

Interesting.  Good to know, after all the years of threads on this topic.

- oldman

[Traveler]

Traveler, you have been in the forums since 2004 with 2380 posts.  You knew the rules, you've see a hundred times at least, posts about moderators that are always answered with "contact HTC directly".

I would therefore think that if you truly wanted to be a responsible squadmate and to help your buddy, you could have immediately stepped in and diffused the entire situation while in game.  You could also choose to diffuse the situation here but you are not.  You have chosen to dance upon the razors edge my friend and you will only get cut.  Take a step back.  Get on your squad forums and use your experience and wisdom to calm people down.  Remind them of why we play this game, grab your mates, log on, fly as a squad, and kill everything in sight.  There is the payback you are searching for.

  Respectfully yours sir.

Well your wrong, I only know the rules that are published and available to the customer through the game, not the BBS.  As I stated before my squad doesn't have a problem with being muted, I'm pretty sure that none of my squadmates has ever been muted.  We have our own set of guide lines for the members of our squad.  All I was questioning was the fact that HTC wants customers to follow a rule but makes no effort to tell customer what that rule is.   I'll ask this question again  since customers don't know who the moderators are and have no way to direct text to a moderator and the text tool only parrots back exactly what we type is this text  typed in the game text buffer going to get someone muted:

" Anyone see memberx? I haven't seen any text from member x , was member x muted, anyone know?"

[FLS]

I'll ask this question again  since customers don't know who the moderators are and have no way to direct text to a moderator and the text tool only parrots back exactly what we type is this text  typed in the game text buffer going to get someone muted:

" Anyone see memberx? I haven't seen any text from member x , was member x muted, anyone know?"

In reality if it was simply the question "Why was I muted" he would most likely would not be muted again...
Travelers straw man simply does not exist.

Clear?

[FLS]

I'll consider adding to the "You have been muted" to "You have been muted, any questions contact HTC".

Please.   "You have been muted, any questions please contact HTC".   

If it saves even one baby seal...     

Yes I know it's optimistic. 

[PJ_Godzilla]

Funny, i've never been reported for my online behavior. I might have tested the Skuzzinator a time or two here, back in the day...

Maybe you should try not getting drunk and dropping lots of f-bombs. See if that helps.