Date: Sun, 23 Jan 2022 19:02:02 -0800
From: agris@nuegia.net
Disposition-Notification-To: agris@nuegia.net
To: Austin Dern <austin@spindizzy.org>
Cc: wizzes@spindizzy.org
Subject: Appeal
Message-ID: <20220123190202.289d21b0@viridi.lan>
In-Reply-To: <890054E0-90AE-4BA6-8FBF-FC85AA79CCF0@spindizzy.org>
References: <890054E0-90AE-4BA6-8FBF-FC85AA79CCF0@spindizzy.org>
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On Mon, 10 Jan 2022 23:50:26 -0500
Austin Dern <austin@spindizzy.org> wrote:
> Agris,
>
> There are rooms on SpinDizzy that are accessible only to a
> few people on a short, specific list. This is normal on SpinDizzy.
> Not everything is public. People have and should have private rooms.
> Your specific interest in Voksa's rooms coincides with a conflict
> with Voksa that began outside SpinDizzy. That conflict has no
> bearing on whether Voksa can decide who can enter his rooms.
> Further, you have shown no concern over any of the large number of
> *other* rooms you don't have access to. To focus only on Voksa's
> establishes beyond doubt that the real problem is your relationship
> with Voksa, and not access to his rooms. Your pagemails to Patashu
> and Ping, and several hours of conversation with Ping, make clear you
> believe you can pester people into getting your way. Further that
> you believe you can distract from the fundamental issue by focusing
> on access to Voksa's rooms. In this light, your repeated insistence
> on forcing entry into Voksa's personal rooms constitutes ongoing
> harassment of him. You are banned from SpinDizzy. Because you have
> already repeatedly attempted to circumvent this suspension by
> attempting to regain access without permission, it is not temporary.
> The Wizards, SpinDizzy
>
>
Thank you for explaining your reasoning and how you came to that
conclusion. I would like to appeal this judgement under the grounds
that this judgement was done improperly. This was done behind closed
doors, without the opportunity for me to defend myself or contest
untrue statements. There is also a lack of evidence supporting the
claims against and a poor understanding of events and the whole
situation really.
Firstly I want to ask if you actually read the pagemail you are
referring to because I feel that if you had, it would undermine a lot
of the conclusions that you have jumped to. I will quote it here:
>To Patashu: I am willing to say "I am sorry if I did anything to make
>you feel uncomfortable or to make you feel that I am harassing you" to
>Voksa
>
>I want to make the following points:
>
>1. Make clear I am not here to ruin anybody's day. If it ruins
>anybody's day me simply being here that is unfair.
>
>2. make clear I am not here to Harass Voksa
>
>3. whatever the problem is on the other platform, I am not bringing it
>to SpinDizzy
>
>4. I have not done anthing on SpinDizzy to complement these claims
>against me.
>
>5. This issue was only brough to forefront when I couldn't enter spaces
>on SpinDizzy when all I ever did was say "hello".
>
>6. What happens ON SpinDizzy is the issue
>
>7. Whatever the staff want to suggest to resolve the issue I am ears
>open to.
>
>
>
>additionally, my friend wrote the following questions they wanted me to
>relay:
>
>1 ) Not a threat
>- Agris is not here to ruin anyone's day.
>- He's not here or planning to break anyone's rules.
>
>2 ) Wants to enjoy the space
>- Agris wants to enjoy Spindizzy the same as he's done for as long as
>he's been here.
>- He doesn't want drama. It's the last thing he wants.
>
>3 ) Nature of the claim
>- Voksa is claiming Agris will harass them as the basis of their
>actions. He won't. If he has, he will not further.
>
>4 ) Nature of the actions
>- Agris was, from my understanding, a neutral party in SpinDizzy at the
>time of the event.
>- The ban on him is therefore an action on a neutral party (no
>provocation).
>- It must, then, be okay (not in the legal sense but netiquette) to do
>any administrative action up to banning without provocation.
>- New accounts do not have prior provocation. These actions can be
>taken, therefore, on any person based on name or whim.
>
>5 ) Question of time
>- Given (4), is this an indefinitely permissible action? Can it be
>repeated multiple times?
>- How long will Agris have to wait (none, week, year, indefinite) as a
>neutral party to gain the access a new account has?
>
>I was encouraged to join your MUCK by Agris shortly before these events
>and was excited to. Given (4), I am not willing to join a MUCK that
>could potentially do this sort of thing to a brand spanking new user,
>without provocation.
>
>I don't mind whatever else might happen or what judgments take place.
>
>The way this was done has serious implications.
>
>This isn't an isolated case, Agris is not special. That's entirely the
>problem and why it could so recklessly apply. Replace his name with
>anybody in the MUCK.
>
>Kohrokho, Friend of Agris
I don't understand how this can be construed as so.
I want to be specific about the room being referred to. It was
not a private room. The room I am referring to "The Observatory". The
Observatory has no such whitelist/allowlist that you seem to be
insinuating on. It is a blacklist/denylist. It is also listed in the
'whereare' command which from my understanding lists public
congregation locations. The Observatory is also listed in public
bulletin boards using the 'rpread' command as a location for public
gathering events, such the following log states:
>From: Voksa
>On: 2021-12-31 11:07:26
>This post will expire on: 2022-01-30 11:07:26 -- 20 days and 21 hours
>from now. Subject: Cosmic New Years
>
>In an event of profound astronomical unlikelihood, the new years of
>planetary calendars across the galaxy have aligned! You may have other
>festivities to attend to, but if not, please join me in the
>observatory's telescope dome to celebrate the turning of the worlds.
>Surely there won't be any TEN THOUSAND YEAR CURSES unsealed.
>
>There will be snacks.
>
>Don't worry, I didn't choose the snacks myself.
>
>Telescope dome: luge n10 w3, In, T
>Vaguely around server midnight on new years, and maybe a few hours
>before and after.
>
>Done.
I was even invited by several people to attend. In addition to that,
The Observatory being a primary map location (N10 W3) on the main map.
We aren't talking about some obscure hidden location behind a bunch of
doors. This is something with primary coordinates. It is also pinned to
the wa list along side all the other public meeting places.
> Further, you have shown no concern over any of the large number of
> *other* rooms you don't have access to.
I was not aware of any other "rooms" during my exploration from which I
did not have access to. What rooms are you referring to?
I sent that earlier quoted email to Ping and Patashu. I connected and
messaged Ping if their stuff in storage was ok, because they had
explained in the previous night there was a fire.
Ping responded by telling me they just got back from dinner and "You
are no longer welcome on SpinDizzy". And that I would be imminently
disconnected while they look for the command, which they did.
Ping did not explain a reason for the ban and their language gave me
the understanding it was permanent. I did reconnect as a guest a
few times however the purpose of that was to exchange contact
information with acquaintances and people whom I was starting to build
friendships with. Also, to explain what was going on to them. I made
that clear. It is unfair to hold that against me, I am only human. The
way in which Ping did that was unreasonable. What would you do if you
were in that situation? Not try to re-establish contact with and reach
out to your friends? People are not robots. Other people's relationships
are not something you can just destroy like that.
I believe and this is just one of many reasons that Ping has it out for
me.
Not only that but Ping's actions and false statements to others during
this time destroyed my reputation and ostracized me. To the point some
people whom I previously talked to refused to exchange contact
information with me because they "trust Ping". Ping abusing their
community status and trust.
I connected one day, asked Ping if they got my letter, and the only
thing I was told was:
>Ping pages, "Hi. I just got back from dinner, or I'd have already taken
>care of this, but I got your pagemail from earlier, and also spoke with
>Patashu about the situation." to you.
>Ping pages, "You are no longer welcome on Spindizzy." to you.
>You page, "what?" to Ping.
>Ping pages, "Just what I said. I'll send you an email once I've written
>it, and you're welcome to disconnect now or wait until I figure out the
>appropriate commands to do it myself, but you are no longer welcome
>here." to you.
I was not given a reasoning for the ban. I was not given a duration of
the ban. I was not given a 'fair shake'. That was it. Zero to one
hundred.
I was never told there was a 'suspension' of any sort until much later
talking to Austin. Now your telling me i'm banned for reconnecting? You
can't just retroactively make up new rules now and have them apply to
the past. That's called a Ex post facto judgement. How is that fair?
Not only that but then you go and ban my friends from the muck too when
they get curious? What's up with that? Why? What did they do?
Anyways, when Ping did they were already spreading untrue rumors about
me and when that happened, well, that was all the assurance they
needed. Ping is a wizard; surely if they booted Agris that must mean
something is going on right? You'd think anyways. =(
I never did anything to Voksa. I never harassed them. Not on spindizzy.
Not off spindizzy. The only thing I did is walk in and say
"Hello!". And I've got logs of that too.
Speaking of logs, it was very difficult for me to write this letter and
begin to even address the accusations that were made against me,
non sequiturs, and the way they were. The lack of communication and the
lack of information which was withheld from me. I'm willing to go over
this but can you please at least give me a fair shake and show me the
logs, what your reasoning was, and actual evidence or proof of something
I did wrong so I can talk about that? Otherwise you asking me to prove
my innocence, rather than proving guilty. That's not fair and
demonstrates a clear bias against me.
Look, I'm not trying to put anyone on blast here. All I want, all I
ever wanted was to be given a fair shake. It says so right in your AUP.
I'm not here to get Voksa in trouble. I'm not here to throw Ping under
the bus. It's to resolve conflict. I just want to be treated fairly. If
someone doesn't want to talk to me that's fine but you need to figure
out a way to do it without dragging me through the mud.
When you ostracize people like that it has a social effect. Your you
outright banish people from events or boot them our of community
servers it gives people bad stigmas of that person.
If there's any doubt about that effect, not just on me, but on any of
my friends who might stop by, sign in as a guest and talk to anyone in
the server about Agris. You might even get banned by Ping, even just
off the bat, for being related to me. I'm sure that you'll see at least
one not-so-nice remark. This is the power administration has over social
relationships and it's not to be overlooked. It's a frightening power.
You have something really special here. I really liked the community
here and loved the kind of people I met. I go on
http://www.spindizzy.org/nwp/art/ and I see all that fantastic
close-knit community art and I think, wow. I want to be a part of that.
I still do want to be a part of that, but you've given me a hell of a
welcome =(. It's really a shame that people in such a niche have to be
terrible to each other.
Agris
Please reply to this message so I know it was received.