On unjustified tourbans, unprofessionalism from TDs, and revisiting the tourban appeal process

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Before I begin this post I want to state for the record that I and many others within this community are grateful for the tournament directors and the large amount of their time that they willingly give to maintain the consistent flow of such an important part of our community. But after the most recent and past incidents that have occurred within the tournament aspect of the site, I feel compelled to start a discussion regarding the way the tournament director team operates around tournament bans, more specifically in regards to the appeal processes in place.


When a user is banned for any form of cheating in tournaments with the evidence being logs, it should be standard and logical sense that the banned user be allowed access to the logs used as evidence if the user is appealing. How is one expected to appeal a ban when not one shred of information was given as to what specifically warranted it? Appealing is more often than not a futile practice with a dead end, with the only response received from TDs being:



when this reply can be used again in "a couple months'' and you're never given a genuine chance to make a half decent appeal while you're being kept in the dark about your own logs. I understand that prioritising both the safety and privacy of a source is of utmost importance during an investigation, as TDs shouldn't be required to turn over all the evidence they have if doing so would jeopardize a source. However, this is very easily avoided as the evidence that is used is usually, if not always, the logs between whoever is appealing and other users, which means there is nothing new that they will see. Furthermore, removing timestamps and only providing the raw text would guarantee the anonymity of the source, thus allowing a level playing field for both the source and the appealer, who would now be able to see what specifically got them banned.

I also do not think it's fair to use the term 'indisputable logs' when neither the public nor the banned user are able to access said logs. It gives the public an impression that these users are guilty without a doubt and paints an unfair image if the TDs also refuse to provide the evidence. A scenario that occurred during the last SPL (Kenix Ban), which most are familiar with already, when evidence was shared with the community the TDs received a large amount of backlash which more or less forced their hand to reconsider the ban and change it. This was only possible by virtue of having made the evidence publicly available, hence avoiding an unjust ban (as established by popular demand).


To demonstrate this, a good baseline would be using the cases of three recently banned users (CBU, Amukamara, FU SHUN HA)

I would like to appeal my tourban. I have never encouraged cheating during my time on Smogon, and have never seriously told anyone to do anything related to cheating or alting. I cannot even think about what logs you might have that would say otherwise, because I am so certain I would not do this. If I ever said anything about alting, it would have clearly been a joke (one that countless people make every day) that nobody would have taken seriously, but since I cannot see the context I find it hard to make a case here. All I can say is that I have been on Smogon for a long time, and not once would I ever seriously do any of these things I am being accused of. Thank you for your time.

Amukamara received a 3 month-long ban for encouraging banned users to alt for tournaments. He was unable to receive any details whatsoever on his logs where he told friends to attempt to alt and cheat the system. These logs, whatever they may contain, could easily be taken out of context. Every person on this site is old enough to make their own choices, and are solely responsible for their actions and whatever consequences follow. Amukamara has also been a long time contributor and council member of the UU community and this ban likely puts his position into question.

I would like to appeal in regards to the ghosting ban I received yesterday. The reasoning behind that ban was there were ‘’irrefutable evidence’’ against me. Said evidence were not provided to any of the involved people for reasons that have to do with policy. That being said, asking around many uninvolved people have not only publicly admitted they have seen said screenshots but also that there was nothing incriminating against me in regards to ghosting. Its not like I can dig up the screenshots myself because as you probably know by now the server was nuked immediately after the bans were announced. I am provided the chance to defend myself but at the same time I do not know what I am being accused of, while third parties are circulating the ‘’evidence’’ i am deprived of. Besides that, I really don’t understand why I would bother ghosting in a tournament I have already won in the past, especially after being on record saying multiple times I was not going to bother with it(chances are that this remark is stated somewhere amongst the screenshots that were leaked). Many of my friends were playing playoff games and I was speculating and commenting on some of their moves during the game, which doesn’t influence the outcome of the game in any way. The only other thing I can recall doing was telling someone to snipe a specific person and eliminate them, without getting myself involved in the actual game in the slightest. None of what I recall doing in that server falls under the definition of ghosting, so I would like to see those irrefutably incriminating evidence against me since neither me nor anyone else in that server seem to understand or remember what they are all about.

CBU was banned for ghosting and immediately removed from slam playoffs. He was already in slam playoffs and also happens to be a previous UULT winner, so logically there's little sense in accusing him of ghosting for a tournament that he's already won and therefore has little stake in competing in or helping others to compete for. Even with irrefutable evidence of CBU cheating according to the TDs, they provided him with none of the evidence that implicated him doing so. There is even a log of user Lilburr
admitting that they have access to CBU's logs and stating that he isn't guilty of ghosting from what they see. This in particular is a surprise as somehow CBU can't have access to his own logs and be removed at such a late stage from one of the biggest tournaments but they can be given to other people who have no involvement with the investigation.

Hey, I’m here to post an appeal on my recent tournament ban.

Amongst others, I was banned for ghosting during uult, for a total of one year. I will begin by outlining the happenings preceding the ban, which I'll then follow with my reasons as to why I'm making this appeal to begin with.

Our uufpl (uu farm premier league) server stayed active after our tour exit and uult came around weeks later, perhaps a month. I didn’t have much knowledge in uu other than about half a dozen games I had played between uu open and one sub game of uufpl, so I didn’t have much interest in attempting to play in uult. Despite this I noticed some of my friends in the server had qualified for 3/4 of the cycles that took place and I decided to give it a go on the final cycle. During that time I played each game legitimately and have no logs that indicate any sign of cheating whatsoever and I had also not joined a voice call during the entirety of uult. I was unavailable during majority of the last day to qualify and only had around 20mins to spare until the deadline and was unable to qualify for the tour. I left the server along with other irrelevant servers in annoyance planning to take a break from PS! and Smogon and joined back about a day or two later after being convinced by a friend to stick around for RCOP.

In the following days uult playoffs had begun and I took no interest and missed all games that took place live except the recent sunday game (TMM vs ProDigeZz) which my friend lost.

Not more than a week later I was banned for ghosting in uult. This is surprising to me specially when I can recall and view my uult experience in vivid detail. The only instances where I could have attempted to ghost or be ghosted were during the ladder process and playoffs.

As I’ve said all my ladder games were played legitimately nor should there be any cause for concern as they are open to the public. Secondly, my logs during uult playoffs show I wasn’t aware my friends had even lost or won, excluding the series I was able to spectate, which still resulted in a loss for my friend.

Tournament directors must prioritize the safety and protection of their source, which I fully understand, however, in this specific case the logs which supposedly incriminate me were all in a server I could directly view, so there shouldn't be any privacy issues in compiling the evidence (without the times stamps of course), and presenting them to me. Such would allow me to actually see what is specifically being used against me without compromising the integrity of all of the participants involved.

After speaking with a former td on the reasoning of "protecting the privacy of the source" I understand completely why the tds must take great precaution when sharing their evidence though I feel that if I can’t see what I already have in my possession this reasoning could be used to prevent me from being able to properly appeal now or in the future which would be unfair to me if I am factually innocent as I believe myself to be.

I’d appreciate it if there were some way like I suggested for me and the tds to discuss the evidence that is being used to ban me so I can have a chance to appeal without being in the dark.

FU SHUN HA was also banned for ghosting and received the same punishments with the addition of losing his roomauth in the Overused room on PS!. In their appeal, they give a very in depth timeline from the before the beginning of uult and till the uult playoffs, including that he had about a total of 6 games in the tier beforehand. FU SHUN HA actually took part in uult and states that all of their games during that cycle, which could be viewed publicly by anyone at the time, were played with respects to the rules and they also states how they had minimal activity after the tour progressed to the playoffs. Just like CBU, they never received any of the indisputable evidence and goes on to request them also.

It is also important to consider the fact that each of these banned users no longer have access to any arguably incriminating logs due to the deletion of the server containing them. The onus for the server's deletion can only be placed on the owner of the server in question, not upon chat regulars who have no control over any server management. This emphasizes the point of the TDs withholding evidence from said banned users, which in turn severely limits their respective appeal processes.


Moving on to another issue I’m really concerned with is the inappropriate manner displayed by one of the TDs, specifically Perry, as I can not speculate on whether the rest of the team have similar qualities as him.

Perry's way of investigating potential rule breaking is bizarre. Take the most recent circuit tournament bans for example. The banned users were told to not appeal by Perry. Why?

Or the last Snake Draft, where Perry showed no interest in helping Ewin with his appeal. The TD had already made their decision, and refused to listen to Ewin. TDs are supposed to stay neutral.

Below are some examples of Perry displaying inappropriate behaviour.


A TD shouldn’t have any authority to deny an attempt to appeal. In this specific log he says “As it’s pretty damning” which makes no sense as he’s already reached a conclusion before there has even been an appeal made by the user.


Here we have a part of the appeal response by Perry to Ewin, who doesn’t speak English as his first language, where he bashes and mocks the user for getting help in creating his appeal. Perry’s other replies to the user here make no sense and are void of the professionalism expected from a TD


For context there was an ongoing discussion within the uu discord about the recently banned players from uult to appeal with. Here Perry pops in displaying unprofessional behavior for a member of the TD team again


Despite all this I still reiterate my initial sentence that we are all very lucky to have so many people willing to give their time to manage and oversee the tournaments that take place here.

I don’t think it's entirely on the TD team for the way bans and investigations are handled, but mostly due to an outdated system that hasn’t but needs to be changed. Yes, smogon isn’t a court of law but this doesn’t mean there should just be a disregard for maintaining a standard of care for users who are banned or are suspects in an investigation. The current appeal process puts you in a position where you are being directly reviewed by the people who banned you and are incentivised to keep you banned rather than a neutral party, this is an extreme lack of oversight issue that needs to be changed. In an actual court of law you are at the mercy of a carefully selected neutral enough jury or a judge who above all else wants to set good precedents and law. Appeals only lead to dead ends especially when all that’s necessary for you to be denied from appealing by Senior Staff stating that "the investigation was warranted and the decision can be perceived as valid so you remain banned". Essentially any investigation can be deemed as valid if there is any circumstantial or easy to manipulate evidence.

Overall I think there are several things that need to be changed. These include a re-evaluation of the appealing system, how investigations are conducted and most importantly, who we promote and allow to have the power to make important decisions involving these investigations/bans. Hopefully these suggestions are properly considered and hopefully implemented to provide the appeals system with a higher degree of logic and transparency compared to its current levels. Of course, not every banned user is completely devoid of responsibility but in the end, everyone does deserve the chance to properly appeal their cases to the best of their abilities.
 

Perry

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Hello, I'd like to apologize for my post earlier today - it was uncalled for. The TD team will address your post at a later, but I'd like to point out a few falsehoods in your arguments about myself.

So, for those unaware, the TD team banned a few individuals last week for ghosting in the qualifying and playoffs rounds of this current UULT that happened in a private server. The TD team obtained the logs and proceeded to check them, but as we also mentioned in our second post, we had a hard deadline with CBU's game happening the following day. Although I did the bans, the TD team looked at it together and decided the punishment together - I was just the one to post considering it also affected the Grand Slam X playoffs. We could not post all the logs because we were still investigating it, and I made that clear although you seem to fail to mention that. Anyhow, the TD team is as of this time ready to answer your appeals and I was planning to tackle all this Saturday, as I'm not home and have not been for the past two weeks. While I was going to do this alone, other TDs will help me answer all of them in the following days.

A TD, has in fact, authority to deny an appeal if SS has not seen any problems with the procedure itself. That's exactly what happened with Ewin's numerous appeals, which in the end were decided by us and just confirmed by SS. I'd also like to say Ewin received a lot of attention from me following his appeal, and I even shared with him almost everything related to the accusation which he then proceeded to use for another appeal (that one closed by SS). Ewin likes to claim I was unprofessional, but to be honest, I was just tired of him flatly denying to my face something the TD team was: a) 100% sure of; b) confirmed by SS. Yet, I kept replying to all his doubts about the process and even decided to review it just one more time before finally closing it last year.

Now, about the bans we handed out last week - we have what I'd say constitutes pretty much our guidelines for "ghosting": which is, telling someone who is currently playing a Pokémon series what to do/play in the current game round. We don't ban people because we want to create drama or something: we ban people when we've had absolute proof and are certain that they cheated. And let's not act like we always make our cases public; you just have to look back at the Raptor's tourban last Snake, where I asked to be invited to their WCoP server and confirmed what happened and even showed them what led us to ban Raptor, as we could do it because the server was still up, which was not the case for yours as it was quickly wiped from the universe after last Monday. If your friends are so clean, I wonder why that happened? But that's not for me to judge.

tl;dr: your friend's appeals will be answered soon, and the TD team will tackle your qualms about our current investigation system later. And I'm sorry for my lack of good judgment earlier today. Peace :)
 

Quite Quiet

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I deleted all the posts before this to not detract from what's actually in the OP. What's in them isn't unimportant, and will be addressed, but if you want this thread to stay open then at least be constructive about it.
 

Colonel M

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So, for those unaware, the TD team banned a few individuals last week for ghosting in the qualifying and playoffs rounds of this current UULT that happened in a private server. The TD team obtained the logs and proceeded to check them, but as we also mentioned in our second post, we had a hard deadline with CBU's game happening the following day. Although I did the bans, the TD team looked at it together and decided the punishment together - I was just the one to post considering it also affected the Grand Slam X playoffs. We could not post all the logs because we were still investigating it, and I made that clear although you seem to fail to mention that. Anyhow, the TD team is as of this time ready to answer your appeals and I was planning to tackle all this Saturday, as I'm not home and have not been for the past two weeks. While I was going to do this alone, other TDs will help me answer all of them in the following days.
What I bolded is something I do find mildly concerning on the situation, but let's exclude the CBU portion of this for a moment as it may be a one-time scenario and not necessarily the status quo. It still is somewhat important in context to the question, but not necessarily the driving point for it either.

I understand in courts (using this as a comparable example, not that it has to follow 1:1) evidence is still reviewed by judges, juries prosecutors, lawyers, and witnesses before reaching a verdict. Perhaps the wording on this is simply poor or being misrepresented, but if the evidence was still under review - I don't know if pulling cbu from the tournaments for example is necessarily the right call. So my question is - is it more that the evidence you have is almost fairly certain and that certain loops and xs have to be tied together to answer some vague questions, or is it that evidence is given, maybe researched a very small percentage of it, banned, and then left later for curing so to speak? The problem I have is very rare and I understand timing is everything, but let's suppose the evidence / information isn't very clear or is potentially "forged". I put this in quotation marks more to say that it isn't something done purposely either as sabotage, but rather some contexts clear up the evidence presented as fair game. Would the user be able to re-participate, or what would the reprimanding be for the situation?

This post isn't me calling to arms against TDs either because I am also aware of the whiteknight scenarios where people are fed only partial or even false information and overreact - only to make themselves look dumb in the process. This isn't at bb skarm either nor specifically. So I have equally called these situations out in private chats as well. This is more a clarity on the situation and not necessarily a hostility measurement against the staff. I think it is important with the "damming evidence" that we don't have "under review" for gaping issues that may create a scenario where the decision could be reversed due to error while potentially ruining someone's stakes in tournaments from a time perspective. I too have my reservations on the TD team, but I think criticism and understanding are not always done in bad faith either. Some definitely are malicious and I do concede to that. It's more that I think bb skarm's post, while it may not have all of the puzzle pieces aligned properly, does bring up something that I think has agitated many of the community for a while and merely want clarity on the situation without a need to dump truck the evidence.

EDIT: Clarity on evidence. I obviously feel that it should be redacted as much as possible if individual reporters need to be protected. I am not asking the TD team to compromise on this and understand that there may be situations where revealing evidence may reveal who leaked. Those are more difficult to handle and I dont disagree on those being kept from the user in question. Smogon is not a court of law after all.
 
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Leo

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my post wasnt meant to be a snarky remark aimed at perry, it directly adressed one of the main concerns in the OP; sharing incriminating logs without exposing the identity of whoever provided them is perfectly possible and doesnt seem to be much trouble for the TDs when it comes to something as mundane as making a joke post, protecting the identity of leakers isn't a valid justification for not providing logs when requested
 

Bughouse

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I don't doubt that there could be some process improvements done here on several issues raised in the OP, but anyone who thinks TDs should be fully transparent on everything used in a tourban decision with the tourbanned user is out of their mind. If a tourbanning decision is based on a literal log, you can't always protect the identity when sharing the log, since anyone can search through their own chats to see where the log comes from and, in some cases, that could realistically limit the number of options for who might have shared the log with TDs down to one or two people.

It will not always be possible for TDs to know when this sort of situation has arisen. Based on the limited info they sometimes receive (i.e. just a paste, and not having access to the server itself) they more often than not will not be able to tell if it has or hasn't. The default assumption though is to protect the whistleblower, and therefore the default assumption is to share only a summary of the situation, and not all the direct evidence, with the tourbanned user.

(EDIT: To be clear, this default assumption can - and often will - be overcome, and many logs will be able to be shared, eventually. What I am expressing is that the default assumption when it is unclear is to keep privileged information private until and unless it can be assured that it can be shared without repercussion. The OP seems to be arguing for a categorical rule of full transparency at all steps in the process and in every case, which is plainly unworkable and would lead to bad outcomes in many cases.)
 
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Clone

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I'm gonna try and keep this short, but I will preface this by saying that part of my irl job function has me in a court room dealing with criminal trials. As in, I'm directly involved in the process to a certain capacity. Won't dive further to not dox myself, but I'm speaking from a place of experience.

That being said, I find it odd that the current process is "you're banned. Feel free to appeal but here's your punishment" whenever something come up (ghosting, cheating, etc). I can't speak for other countries but in the US you're innocent until proven guilty and entitled to a fair trial.

Obviously, smogon is not a court of law nor am I advocating for it to be one, lest these things drag on for months or years like they often do in the real world. But, I do feel that there needs to be some sort of safeguard in place. It baffles me that someone is just outright banned and expected to appeal later. Even in the real world you get arrested, yes, but you get a court date and a bond unless you commit an egregious offense, in which case you're held in jail until trial. But even then sentencing doesn't happen until after the verdict.

The point I'm trying to make is that for things like these, there should be a notice to the accused before a decision is made. Give them a chance to provide evidence in their favor and plead their case. Right now it looks like what happens is that they're accused and handed a punishment and only on the appeal can they provide evidence in their favor. This seems ass backwards to me. If you don't want them participating in tours while this happens, have something like a suspension. If allegations are brought against someone, they get suspended and remain so until everything gets figured out. Or do what the MLB does and reinstate the player if something is appealed, and only when the appeal is complete is the punishment in full effect. This might seem the same as tourbanning and reversing later, but it looks better and gives those a chance to actually defend themselves. On top of that, you're not outright banning someone while "evidence is still being reviewed" (which is a reeeeally bad look and is just flat out unprofessional in my opinion)

And for the love of God, the whole "we can't release logs to protect our sources" is bullshit. You can redact info and show people your evidence. This happens in real life where the stakes are much higher and witnesses risk their lives. If they can be protected, so can someone bringing cheating to the attention of a tour director

I have a lot of respect for what the tour directors do, and appreciate the work they put into running all the tournaments on this site. And I have no ill will towards any of them. But as someone who's been following some of the drama since I came back to this site, I'd be remiss not to at least post my thoughts and offer input on how to make the current system more fair to avoid some of the current issues I'm seeing
 

Amaranth

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The post presents the notion that the logs are not being provided to the users who are appealing and will never be; this is simply false. It's been one week and five people appealed at once; this naturally takes time to address. I'm not sure where the presumption that nobody will ever see these logs comes from, but it is plainly incorrect. These investigations take real time and real investment from real people; we needed to accelerate results due to CBU's involvement in Grand Slam playoffs, but there is still a lot of work to be done before we can fully wrap them up and we are looking to deliver that information to the involved parties as soon as possible. [edit to clarify: we are confident of our conclusions and would not have acted if we weren't - the 'wrapping up' is in relation to providing the requested logs and delivering the right information without compromising our source]

This leads to your point about whether logs can be considered "indisputable" if they are not available to the appealer or to the public. By this logic, the TD team is unable to ever punish anyone unless the crime happens "in broad daylight", because none of our logs are indisputable. Clearly that doesn't work. The fact of the matter is that we have to act on what we think we have, at least initially, and amend our decisions if they prove to be inaccurate. While it is not impossible that we have misinterpreted the context of some logs (that's what appeals are for), and perhaps some of the involved parties will be able to get a reduced sentence through them, our initial bans have to start somewhere - again, the logs in question will be shared, but as we do not possess the ability to stop time this will take a few more days.

As a side note, the example of the K3nix case doesn't really fit, as the mistake made in that case was not a misinterpretation of the events, but rather a misinterpretation of which punishment would be appropriate for such events. While the general point that we are fallible is (obviously) correct, there's nothing else that correlates to this case.

Another point that was made is that other uninvolved users had access to these logs while the direct involved parties didn't. This is simply not in our control; the source shared partial logs with some non-TDs, including Lilburr presumably due to her position as UU leader, before sharing the full report with the TD team. The TD team can only respond for our own actions; Lilburr did not receive information from us, and we are unable to comment on whatever partial report was handed to her as it simply doesn't match the depth of information the TD team possesses. We have been extremely private with logs, exception made for Perry's severe lapse in judgement earlier in this thread, but it is a one-time incident that does not speak to our overall conduct throughout this investigation. Discussion about whether this privacy is helpful or important is another issue entirely, but nobody can be upset with us for protecting the identity of our source as much as possible since that is literally what we are asked to do.

I also want to touch on the accusations raised against the TD team with regards to bias / unwillingness to listen in the Ewin case. Ewin has perhaps received the fairest treatment from any appealing user in history, with multiple TDs reading through his >20000 words document even multiple times, and a truly inordinate amount of time dedicated to ensuring that our decision was correct. This is not even accounting for a long history of DM exchanges with Tournament Directors which made the entire process even more draining. His appeals have already gone above and beyond reasonable expectation for anyone at all, much less someone who we maintain is actually guilty of what they've been accused of. For all our trouble, Ewin has rewarded us by making further frivolous appeals "to be annoying" and considered writing "a sequel to the novel" for our reading pleasure just to waste our time.

This brings me to my final point: appealing is an important right for people to have, but the whole process is extremely open to abuse and we are constantly walking tightropes where on one side we risk not giving people a fair chance to defend themselves, and on the other side is spending way too much time and energy replying to people who are deliberately trying to waste our already limited time. This is partially why the day 0 appeals from some users were not warmly welcomed by some of us - this incident is already putting a lot of strain on the TD team and rushing to contest our decisions before we are even able to provide anyone with any context only adds to that. Nevertheless, we intend to provide the relevant evidence to the relevant parties as soon as possible - once again, this situation only came to be because of one of the users being involved in a high profile official tournament set and we were (and still are) very confident of their guilt, so we felt like allowing the tournament to run as smoothly as possible took priority over being able to deliver all the evidence to the accused parties immediately alongside the punishment.

I hope this can address the accusations of misconduct that are being leveled against the TD team as a whole. I can empathize with the frustration of being punished without having logs on your hands, but they are going to come in a matter of days.
 
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GMars

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rushing to contest our decisions before we are even able to provide anyone with any context only adds to that
This is problematic - you had an understandable reason to want to expedite the case with CBU since you were certain of the evidence, but it’s unprofessional to apply the other bans without being prepared for them on your end. You could break it up into 2 waves if need be, urgent issues then regular ones. Applying all the related ones at once just causes stress for your team and leaves the other people affected understandably wanting the context that isn’t prepared yet.
 

Cicada

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The post presents the notion that the logs are not being provided to the users who are appealing and will never be; this is simply false. It's been one week and five people appealed at once; this naturally takes time to address. I'm not sure where the presumption that nobody will ever see these logs comes from, but it is plainly incorrect. These investigations take real time and real investment from real people; we needed to accelerate results due to CBU's involvement in Grand Slam playoffs, but there is still a lot of work to be done before we can fully wrap them up and we are looking to deliver that information to the involved parties as soon as possible.

This leads to your point about whether logs can be considered "indisputable" if they are not available to the appealer or to the public. By this logic, the TD team is unable to ever punish anyone unless the crime happens "in broad daylight", because none of our logs are indisputable. Clearly that doesn't work. The fact of the matter is that we have to act on what we think we have, at least initially, and amend our decisions if they prove to be inaccurate. While it is not impossible that we have misinterpreted the context of some logs (that's what appeals are for), and perhaps some of the involved parties will be able to get a reduced sentence through them, our initial bans have to start somewhere - again, the logs in question will be shared, but as we do not possess the ability to stop time this will take a few more days.

As a side note, the example of the K3nix case doesn't really fit, as the mistake made in that case was not a misinterpretation of the events, but rather a misinterpretation of which punishment would be appropriate for such events. While the general point that we are fallible is (obviously) correct, there's nothing else that correlates to this case.

Another point that was made is that other uninvolved users had access to these logs while the direct involved parties didn't. This is simply not in our control; the source shared partial logs with some non-TDs, including Lilburr presumably due to her position as UU leader, before sharing the full report with the TD team. The TD team can only respond for our own actions; Lilburr did not receive information from us, and we are unable to comment on whatever partial report was handed to her as it simply doesn't match the depth of information the TD team possesses. We have been extremely private with logs, exception made for Perry's severe lapse in judgement earlier in this thread, but it is a one-time incident that does not speak to our overall conduct throughout this investigation. Discussion about whether this privacy is helpful or important is another issue entirely, but nobody can be upset with us for protecting the identity of our source as much as possible since that is literally what we are asked to do.

I also want to touch on the accusations raised against the TD team with regards to bias / unwillingness to listen in the Ewin case. Ewin has perhaps received the fairest treatment from any appealing user in history, with multiple TDs reading through his >20000 words document even multiple times, and a truly inordinate amount of time dedicated to ensuring that our decision was correct. This is not even accounting for a long history of DM exchanges with Tournament Directors which made the entire process even more draining. His appeals have already gone above and beyond reasonable expectation for anyone at all, much less someone who we maintain is actually guilty of what they've been accused of. For all our trouble, Ewin has rewarded us by making further frivolous appeals "to be annoying" and considered writing "a sequel to the novel" for our reading pleasure just to waste our time.

This brings me to my final point: appealing is an important right for people to have, but the whole process is extremely open to abuse and we are constantly walking tightropes where on one side we risk not giving people a fair chance to defend themselves, and on the other side is spending way too much time and energy replying to people who are deliberately trying to waste our already limited time. This is partially why the day 0 appeals from some users were not warmly welcomed by some of us - this incident is already putting a lot of strain on the TD team and rushing to contest our decisions before we are even able to provide anyone with any context only adds to that. Nevertheless, we intend to provide the relevant evidence to the relevant parties as soon as possible - once again, this situation only came to be because of one of the users being involved in a high profile official tournament set and we were (and still are) very confident of their guilt, so we felt like allowing the tournament to run as smoothly as possible took priority over being able to deliver all the evidence to the accused parties immediately alongside the punishment.

I hope this can address the accusations of misconduct that are being leveled against the TD team as a whole. I can empathize with the frustration of being punished without having logs on your hands, but they are going to come in a matter of days.


me : Lulu, when you asked TDs for proofs for your tourban, did u get any?
Lulu : nope^^

I mean, the post isn't bad at first glance but i feel like it's not really conform with the reality of things.
Cba to write something lenghtly, but the screen I gave is an example of those cases where no proofs were given.
The examples you highlighted to make your point about logs being given are actually the exceptions.
Not taking any jabs at the work the TD team have been doing so far, just felt like your post was wrong and needed some things to be clarified.
 
Since no one else has said it: I find it suspicious that the users who claim discriminatory TD action are notoriously inflammatory users in the first place. This has been the case for years.
To play devil's advocate, it is easier to take more extreme measures against inflammatory users when taking disciplinary action, due to bias / uncharitable assumptions. Doesn't mean that is the case here, but something to keep in mind.
 

Cicada

soul reaver
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Since no one else has said it: I find it suspicious that the users who claim discriminatory TD action are notoriously inflammatory users in the first place. This has been the case for years.
And ? Inflammatory users or not, if the arguments are valid then they have their place here. This post doesn't bring jackshit to the conversation bar throwing jabs for whatever reason and derailing the topic at hand
 

Niko

is a Tiering Contributoris a Past WCoP Champion
World Defender
I think that what bb skarm said has to be extended to other types of ban, not only tourbans.

I will put some examples into spoilers of forum bans and discord bans.

A couple months ago an italian user named StepC had a discussion with another user part of the LGBTQ+ community and during this discussion he called her "sir", without knowing that she was a girl. This was reported without having any assurance about the real intention of StepC and it was considered by a moderator as transphobic behavior. StepC had 3 or 4 badges (I'm pointing this out to underline the fact that he spent a lot of time contributing to Smogon and to its develop): he was stripped of all of them and infracted with 3 points ( = ICBB). Around a week before this happened I had a conversation with StepC in which I explained him the existence of a LGBTQ+ community in Italy and in Smogon in general, because I realized that he had no idea about it lol. It's not like he had something against it; he was only involved in the competitive aspect of Smogon and probably wasn't good enough in English to enjoy reading the other sections on the forums. Once I found out what happened, I tried to use this conversation I had with StepC to prove to the girl that he had no transphobic intention (honestly, I also think it's a joke that you need to prove it in a situation like that, but whatever). This is the end of the conversation:
Screenshot_20210701-195957_Discord.jpg

At this point I contacted the mod who gave the infraction and repeated the same process, with screens of my conversation with StepC and explanations of the situation. I was completely ignored. If you try to find Step's profile now, you will fail: he ragequitted Smogon after the ICBB and received another infraction for not giving the news to his tutee(s), so he's now banned LOL HILARIOUS. So here is the situation: nobody agrees with the infraction, not even who asked for it in the first place, but Smogon has now lost a good user and a contributor for no reasons, and this is unacceptable to me.
Around 50 days ago I was banned from Smogtours Discord for VERY debatable reasons. Some lines of the discussion involved in my ban were taken out of context and used to justify the ban and shared with a moderator who also infracted me.

This ban was delivered by talah who doesn't like me for personal reasons (I discussed with their bestie :psycry: and talah also muted me during that discussion lol)after I asked to have perms to write removed spontaneously because I didn't want to engage in pointless discussions with trolls like starry again, and without any prior warning (about this talah lied, they said they warned me more times before which is false).

Anyways, I woke up the day after and I was banned by the channel, nobody told me anything, nobody warned me that they banned me, I just couldn't see the server in the server list anymore.

The reason for this ban was me "defending transphobic behavior". I totally disagree with this biased interpretation, but I won't argue about it now.

I didn't agree with the ban and with the way it was applied, but there are objective problems coming after:

- I contacted a moderator to understand what happened since I was out of the server without knowing the reason lol;

- He told me that they basically have no guidelines to moderate the Discord server for server bans;

- They had the presumption to assume that I was "concern trolling", which is a term that only exists in English and I needed 3 seconds to understand why after I asked its meaning: it makes absolutely no sense;

- I asked atleast to stay in the server without perms to talk because of the competitive utility that server has, and he says that I will have to stay 3 months banned not to avoid causing damages, but as a punishment, like if I was a fucking 7yo dude and the teacher had to teach me good manners. L2p. Remember guys, you are not moderators because you are superior human beings, you are moderators because you are trusted, but also because you have more time to spend on this forum than other people have. Stay humble;

- After 50 days, 2 days ago, I pm the mod again to ask if I could get back into the server. The day after he answers me:

"Sorry I'm late, I had to talk with the others before doing anything.

They decided now this ban is 6 months long, so it ends in October.

Unlucky, they are a bit random with bans lenght.
But they already got angry at me last time for what I told you after the ban (He told me who banned me and the reason lol, he did nothing wrong), so this time I avoided fighting for fights already lost."

U N L U C K Y. Can you see it? In this community even inside a moderators chat, the majority not only claims to make the decision, which is fair and understandable, but also shuts down other ppl ideas to the point that a moderator is worried to say what he thinks.
I was a bit salty while typing the spoiler part because I was involved in it, now I calmed down and I can write what I consider important the most

Exactly like years ago, there is a lot of discrimination in this community against a minority: the only thing changed is the people this minority is composed by. Smogon claims to be innovative and inclusive, but the truth is that in the last years we learnt nothing. In a historical period of big progress we had the chance to have a complete and peaceful integration. Instead, with the same ARROGANCE that previously led to other and surely worse discriminations (homophobia, racism, transphobia exc. Exc. ) we decided to fight intolerance with intolerance. We closed dialogues. "No. No. You are racist, you don't deserve to express your opinion". You know what? You had the chance to change their mind. Now they will stay that way until they find someone that is going to have a real discussion.

It's a choice. Its up to you to decide your guidelines, but if you stay this way don't claim to be inclusive. You're just making fun of everyone's intelligence.

What I see is a community where the form is more important than the content, the sound of the words is more important than their meaning. A place where making a mistake and using a wrong pronoun is a bigger crime than saying that you would kill a user, because that user is transphobe.

Don't misinterpret my words. I consider bigotry a real problem and I'm against every type of discrimination, but I think we crossed the line as a community. This has no more the purpose of creating a safe place and avoiding major problems, this has become a persecution.

I'm sorry for the wall of text but I think it was necessary in order to explain that imo the problem is not the single moderator but the general approach we have to certain matters.

Clone I'm a law student too even if I still have a lot of work to do before I graduate. I agree with you, Smogon is not a court of law. At the same time the principles the judge considers and has to follow when he applies the law are simple; you don't need to study for years to understand them. Actually, they are used exactly because they're generally shared by people. For example it's counterintuitive to give people the chance to defend themselves only after the punishment is given...
 
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watermess

What? Never seen an idiot before?
is a Tutoris a Contributor to Smogonis a Smogon Discord Contributor Alumnus
Hello, I'd like to apologize for my post earlier today - it was uncalled for. The TD team will address your post at a later, but I'd like to point out a few falsehoods in your arguments about myself.

So, for those unaware, the TD team banned a few individuals last week for ghosting in the qualifying and playoffs rounds of this current UULT that happened in a private server. The TD team obtained the logs and proceeded to check them, but as we also mentioned in our second post, we had a hard deadline with CBU's game happening the following day. Although I did the bans, the TD team looked at it together and decided the punishment together - I was just the one to post considering it also affected the Grand Slam X playoffs. We could not post all the logs because we were still investigating it, and I made that clear although you seem to fail to mention that. Anyhow, the TD team is as of this time ready to answer your appeals and I was planning to tackle all this Saturday, as I'm not home and have not been for the past two weeks. While I was going to do this alone, other TDs will help me answer all of them in the following days.

A TD, has in fact, authority to deny an appeal if SS has not seen any problems with the procedure itself. That's exactly what happened with Ewin's numerous appeals, which in the end were decided by us and just confirmed by SS. I'd also like to say Ewin received a lot of attention from me following his appeal, and I even shared with him almost everything related to the accusation which he then proceeded to use for another appeal (that one closed by SS). Ewin likes to claim I was unprofessional, but to be honest, I was just tired of him flatly denying to my face something the TD team was: a) 100% sure of; b) confirmed by SS. Yet, I kept replying to all his doubts about the process and even decided to review it just one more time before finally closing it last year.

Now, about the bans we handed out last week - we have what I'd say constitutes pretty much our guidelines for "ghosting": which is, telling someone who is currently playing a Pokémon series what to do/play in the current game round. We don't ban people because we want to create drama or something: we ban people when we've had absolute proof and are certain that they cheated. And let's not act like we always make our cases public; you just have to look back at the Raptor's tourban last Snake, where I asked to be invited to their WCoP server and confirmed what happened and even showed them what led us to ban Raptor, as we could do it because the server was still up, which was not the case for yours as it was quickly wiped from the universe after last Monday. If your friends are so clean, I wonder why that happened? But that's not for me to judge.

tl;dr: your friend's appeals will be answered soon, and the TD team will tackle your qualms about our current investigation system later. And I'm sorry for my lack of good judgment earlier today. Peace :)

Thank god that when a user just apologizes for any trouble they may have caused, even when it goes against the values of the site, they're void of any punishment that would have come with that because they apologized and now everything is ok.

Edginess aside, I would like to highlight, somewhat neutrally I might add, (as I've never had much interest in these kinds of affairs in the past) that just because a TD can recognize that they have behaved unprofessionally after any damage has been done, does not mean that they should be void of any adverse effects to their power or privileges on this site that come with that, much the same as if someone were to ghost or cheat, etc. or even in the real world just because someone regrets their actions does not undo them or make them ok.

I think the people in charge of choosing TD's (whoever that may be) should consider how what this looks like to users on the outside, seems like a pretty big double standard to me, and further-still, a TD is placed in a position of trust, they haven't just joined the site as a normal user through the anonymity of the internet to participate in open tours, they are handpicked individuals, chosen to act on behalf of the community, and they should be able to uphold the values of the site and set a good example. I don't know Perry (and I'm sorry mate if ur a real great guy because this is the honest truth and I'm not trying to be mean) but if I was ever accused of immoral activity on this site, purely based on word of mouth from others, perry is simply the last person I would want reviewing my case. As far as I am concerned, speaking as a normal, average joe user, just wanting to have fun with his mates and play fun fair tours, that's not good at all.

To quickly put to rest the argument that being a TD is not a popular job, and this being the reason for such a reputation. Any experience I've had with other TDs in the past have been very professional and felt very comfortable even when discussing the topic of the punishments of close mates of mine. Additionally, complaints regarding the etiquette, demeanor, and judgment of other TDs I have heard in the past have been freak occurrences, I cannot say the same with regard to Perry (Once again sorry dude it's not personal).

TLDR: I don't think it's unreasonable to expect, that the person reviewing one's case be someone who is not somewhat widely believed to be highly unprofessional, and not just on freak occasions, considered a poor critical decision-maker in the field of matter. If an overwhelming number of users would be afraid to have their case handled by a certain user, even when they have no preexisting relationship that may interfere, then I don't think the certain user should be in a place to handle such decisions and situations. This works two ways, why on earth would one send evidence to a TD when one knows it is being shared with someone who will leak it in an instant (as seen literally hours ago) just to make a smart arse comeback - certainly not me that's for sure!

Thanks for reading my concerns, I hope someone finds them insightful and a useful contribution to the discussion as it did take a fair amount of time to write up. :)
 

Vulpix03

is a Tiering Contributoris a Forum Moderator Alumnus
RUPL Champion
Gunna keep this short cuz at work, however I wanted to agree with some above posts that this thread should extend beyond tournament bans.
The current appeal set up is flawed in a few ways. First is the lack of transparency when telling someone they are being infracted / banned. Usually this message is a few lines with a vague reason for your infraction and how long it lasts. The reason for a ban / infraction can even be something that happened months prior to the punishment, leaving a lot of time for a person to forget what exactly they did. I think more transparency in this initial message would be a good change to current procedure. This would not only help someone defend themselves but also allow them to acknowledge what they actually did and learn from it.

Second is the appeals themselves. Most appeals don't get a response or get a vague response similar to the initial message you receive. After talking to some staff members I was told that this is mainly due to said staff members being busy with other things. Being busy is totally understandable (I could never do what some of these guys do lol), however it also isn't fair for whoever is appealing to not get a solid response, even if that response is that their punishment will not be lifted.

My solution to this would be to create an appeals committee. Basically a group of 5 or so people who's job it is to focus solely on appeals. This would ease the burden on the current staff, and allow for appeals to get a more swift and unbiased response.

Anyway thanks for reading
 
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Colonel M

I COULD BE BORED!
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The current appeal set up is flawed in a few ways. First is the lack of transparency when telling someone they are being infracted / banned. Usually this message is a few lines with a vague reason for your infraction and how long it lasts. The reason for a ban / infraction can even be something that happened months prior to the punishment, leaving a lot of time for a person to forget what exactly they did. I think more transparency in this initial message would be a good change to current procedure. This would not only help someone defend themselves but also allow them to acknowledge what they actually did and learn from it.
That's because the infraction is an auto-generated message. You can add more information, but in the forums for example it will usually pinpoint to the exact post on where the infraction is from.

Also there is usually a record of some sort with the reason added with the infraction - Showdown infractions for example usually have a snippet of the log or even a link to the image of the reason.

I don't think there are many ways to fix it from Xenforo standpoint and really all that has to be asked in those instances in the PM are "why". I've usually provided a screenshot and / or explanation.

Not saying it can't be improved, just want to point out that this is partly more a technical reason. Also I get why the post was made by Vulpix and I know for Discord and PS it gets harder.
 
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Aberforth

is a Top Social Media Contributoris a Member of Senior Staffis a Community Contributoris a Tiering Contributoris a Contributor to Smogon
Ubers Leader
Exactly like years ago, there is a lot of discrimination in this community against a minority: the only thing changed is the people this minority is composed by. Smogon claims to be innovative and inclusive, but the truth is that in the last years we learnt nothing. In a historical period of big progress we had the chance to have a complete and peaceful integration. Instead, with the same ARROGANCE that previously led to other and surely worse discriminations (homophobia, racism, transphobia exc. Exc. ) we decided to fight intolerance with intolerance. We closed dialogues. "No. No. You are racist, you don't deserve to express your opinion". You know what? You had the chance to change their mind. Now they will stay that way until they find someone that is going to have a real discussion.

It's a choice. Its up to you to decide your guidelines, but if you stay this way don't claim to be inclusive. You're just making fun of everyone's intelligence.

What I see is a community where the form is more important than the content, the sound of the words is more important than their meaning. A place where making a mistake and using a wrong pronoun is a bigger crime than saying that you would kill a user, because that user is transphobe.

Don't misinterpret my words. I consider bigotry a real problem and I'm against every type of discrimination, but I think we crossed the line as a community. This has no more the purpose of creating a safe place and avoiding major problems, this has become a persecution.
Dont have a single thing to say about the tour ban stuff, but this whole take is pretty common, not just on Smogon but in general nowadays, that somehow considering oneself to be tolerant means that we must put up with horrible behaviour and treatment from those who are not. Karl Popper has the best deconstruction of this argument that is wildly available for most people to view, but the idea that we should be trying to educate them and make them better themselves is a whole lot of nonsense that I really hope we're not going to consider entertaining. As Popper says, a tolerant society must be intolerant of intolerance itself.

As a community we've decided to not be tolerant of racists, homophobes, transphobes, and a whole lot of other awful behaviours. As a result, you'll sometimes get people banned for questionable things, like misgendering someone and having it interpreted as being a deliberate attempt to provoke or upset them, and these fringe cases should be discussed when everyone is calm to make sure that things dont end up out of hand over simple misunderstandings. But lets make sure we're not victim blaming people who get provoked and faced with these types of behaviours all the time, not just on Smogon and are very used to having it be a deliberate attempt to upset, provoke or harass them. Fringe situations do occur, because of the frequency of non-fringe occasions meaning that the benefit of the doubt isn't something that can reasonably be applied to these types of interactions. I'd rather ban 500 transphobic people and have 1 non-transphobic person caught in the net, than save that 1 innocent person but allow 100 transphobic people to slip through. You can argue that this is thoughtcrime or some other such nonsense like transphobes like to argue to discredit opposition to their discrimination and say that we have to allow these opinions, but we're a community, not a society. We do not have to be forced to have people in our communities that are antithetical to our values.

It isnt on us, as a community, to have to tolerate people's intolerance and change their mind, we aren't their parents or their teachers. If racists, homophobes or transphobes want to be a welcome part of our community, they can fuck right off until they arent going to be casually upsetting a decent portion of our playerbase on a regular basis. Their growth is on them, not on Smogon, and we should never give them the opportunity to normalise their behaviour.
 
Dont have a single thing to say about the tour ban stuff, but this whole take is pretty common, not just on Smogon but in general nowadays, that somehow considering oneself to be tolerant means that we must put up with horrible behaviour and treatment from those who are not. Karl Popper has the best deconstruction of this argument that is wildly available for most people to view, but the idea that we should be trying to educate them and make them better themselves is a whole lot of nonsense that I really hope we're not going to consider entertaining. As Popper says, a tolerant society must be intolerant of intolerance itself.

As a community we've decided to not be tolerant of racists, homophobes, transphobes, and a whole lot of other awful behaviours. As a result, you'll sometimes get people banned for questionable things, like misgendering someone and having it interpreted as being a deliberate attempt to provoke or upset them, and these fringe cases should be discussed when everyone is calm to make sure that things dont end up out of hand over simple misunderstandings. But lets make sure we're not victim blaming people who get provoked and faced with these types of behaviours all the time, not just on Smogon and are very used to having it be a deliberate attempt to upset, provoke or harass them. Fringe situations do occur, because of the frequency of non-fringe occasions meaning that the benefit of the doubt isn't something that can reasonably be applied to these types of interactions. I'd rather ban 500 transphobic people and have 1 non-transphobic person caught in the net, than save that 1 innocent person but allow 100 transphobic people to slip through. You can argue that this is thoughtcrime or some other such nonsense like transphobes like to argue to discredit opposition to their discrimination and say that we have to allow these opinions, but we're a community, not a society. We do not have to be forced to have people in our communities that are antithetical to our values.

It isnt on us, as a community, to have to tolerate people's intolerance and change their mind, we aren't their parents or their teachers. If racists, homophobes or transphobes want to be a welcome part of our community, they can fuck right off until they arent going to be casually upsetting a decent portion of our playerbase on a regular basis. Their growth is on them, not on Smogon, and we should never give them the opportunity to normalise their behaviour.
I feel like you're missing (at least some) of the substance of Niko's post.

Instead, with the same ARROGANCE that previously led to other and surely worse discriminations (homophobia, racism, transphobia exc. Exc. ) we decided to fight intolerance with intolerance. We closed dialogues. "No. No. You are racist, you don't deserve to express your opinion". You know what? You had the chance to change their mind. Now they will stay that way until they find someone that is going to have a real discussion.
This reads to me as commentary on how boundaries that constitute bigotry can be stretched and consequently weaponized to disenfranchise people. A prime contemporary example of this tactic in world politics is (often right-wing) politicians, commentators, etc reframing criticism of the state of Israel (such as pointing out IDF war crimes) as anti-Semitic slander no more warranting honest assessment than slur-ridden, incredibly overtly racist speech. Associating ideas (in this example, criticism of a state) with values the broader public overwhelmingly outwardly frowns upon (in this example, racism) is an easy way to knock your ideological opponents off-balance and force them on the defensive. Conservatives will try to tie associate overt compassion and tolerance with femininity to co-opt men into being more socially conservative, or they'll paint modest reforms typical of liberal democracies as Stalinism or whatever, for more examples. Frankly, it feels a little awkward drawing from politics while typing on a forum about simulated pokemon, but it should get the point across. This sort of tainting-by-association tactic is a powerful persuasive tool people of any ideological alignment can use to great effect due to how much it draws upon human proclivity towards things like tribalism, namely the tendency of people to become more drawn to their in-groups and become more rigid in their preconceived values when faced with particularly acute stressors (I recommend a book called The Worm at the Core: On the Role of Death in Life if stuff like this comes across as interesting).

I don't think Niko was trying to say that blatant bigots need to be babysat or re-socialized at the expense of the broader Smogon community's patience at all---which seems to the point your post is aimed at refuting. It's obviously quite silly of an idea to carry that sort of expectation, and as you alluded to, Smogon---being an internet community one voluntary joins and not a state---has no obligation to facilitate ideological reforming of its members whatsoever. In light of this, though, I feel like people (adults, specifically) have an obligation to verify malicious intent before attributing terms like bigot---or racist, transphobe, or homophobe---to a person, as misuse not only lowers the weight these words carry but also basically plays right into the hands of actual bigots. Cavalier accusations of bigotry fuels their (deeply socially conservative people) narrative that promotion of egalitarian social views is a facade for unprincipled tribalism that simply serves the promoters' immediate interest---thus creating a more compelling case for staunch social conservativism.

Language is a living thing that evolves over time, and we're all responsible for how it changes form. It's vital that we stand up for each other and promote inclusiveness, but it's also vital that misattribution of serious labels related to bigotry is avoided so that these labels are not a) weaponized to the end of ousting people that are not genuinely being malicious, like what happened with StepC, and b) subjected to weight/seriousness degradation. I feel as though those are substantively reasonable points most would agree with.

I realize now that this isn't directly related to the topic of the thread itself, but it can't be helped, I guess. I'm just an adv ladder wallflower now so I don't have much to say about the tournaments community of the present.

tl;dr: Confirming malicious intent before throwing heavy labels at people (like bigot, although I suppose this idea could extend to the matter of cheating in tournaments) is key; someone pointing out that being extremely authoritarian about promoting egalitarian social views comes with collateral damage isn't an implicit endorsement of hate speech being permitted.
 

Niko

is a Tiering Contributoris a Past WCoP Champion
World Defender
Aberforth It's funny how you think it is enough to link Popper, but you don't even read it before. Popper literally says:

"If we extend unlimited tolerance even to those who are intolerant, if we are not prepared to defend a tolerant society against the onslaught of the intolerant, then the tolerant will be destroyed, and tolerance with them.—In this formulation, I do not imply, for instance, that we should always suppress the utterance of intolerant philosophies; as long as we can counter them by rational argument and keep them in check by public opinion, suppression would certainly be most unwise."

This is literally my thesis X D

Just a curiosity, did someone famous talk publicly about Popper? I saw a lot of people talking about the paradox of tolerance lately, but no one ever read it I believe.

Also, I didn't explain myself well maybe; we don't have to be tolerant because in this way they can change their mind, I used that argument only to assert that we are not an inclusive community.

We have to be tolerant because it's their fucking right to be treated equally; that is how democracy works even if you don't like this part, you can punish ideas used improperly to cause problems; but you cannot punish the idea itself.

Democracy granted that LGBTQ+ supporters could speak their mind even when the majority of people was discriminating; this is the reason why now things are changed.

The freedom of thought is an assurance that what the majority supports is a result of discussions people have. This implicit trust in the human being is the base of the democracy; if you don't believe in that, you don't believe in democracy.

So what to do, considering that it is still necessary to put a limit in what people can do, as my new friend Popper said? It's easy, you punish people when they use potentially dangerous ideas to provoke damages, by publicly discriminating people or instigating violence, or doxxing exc. exc. You punish people that create REAL problems.

What not to do? Using people's logs out of context IN PRIVATE SERVER (Did you lose your mind? Lol??? Last time I heard about censoring what people says in their private, it was a discussion about nazism) to punish them, treating people not equally because of their ideas in situation where their ideas are not relevant exc. exc.
 

Myzozoa

to find better ways to say what nobody says
is a Top Tiering Contributor Alumnusis a Past WCoP Champion
You know theres a funny thing, ppl with malicious intents often go to big lengths to hide their intents. And hiding your intent is pretty easy since intent is not verifiable with certainty even for the most mundane things. It (intent) is not a rigorously definable term for the purposes of some type of Popper-ian notion of certain verification.

All I'm saying is, you can only have one and not the other: you can have the jonny cochran defense of your famously noble intentions or you can virtuously preen about your shitlord intellectuals like Popper but you can't do both. You gotta pick the one you care about more: is it shitlording Popper to get one over on the gay agenda (but probably fail your irl school paper on popper i would add) or is it gonna be the need for legal construction of intent to prove bigotry.

Like wtf when did tournament shit lords become so soft, going completely hysterical about the nazi smogon mods ignoring habeaus corpus and raiding their private chats. Also I'm pretty sure the Stonewall Riots didn't consist in a televised debate with cops and homophobes of various stripes on one side and the gays on the other. But I'm sure you're doing really well in uh 'Law School', many of which are well known for requiring theses on Popper lmao.

Now on the actual topic of this thread, it is pretty dumb for mods to discourage ppl from appealing their bans, you can always reject their appeal, it just makes you look like a weak ass bitch if you try to discourage appeals and when you look weak then you get these "law school" virgins up in here claiming that the gay conspiracy did cruel and unusual punishment to their bestie. Stop showing weakness to these degenerates and just slam them when they appeal, works everytime.

As for the rest of the OP and its supporters, I know it is hard to imagine, but the tournament directors aren't nearly as no-life as you, they have no reason to let ghosters look at the logs in order to prepare an appeal where they lie about the logs, the tour directors have better things to do than to fabricate logs or listen to dissembling about logs where ghosting obviously took place.

I've actually seen some of the logs from the cases mentioned in the OP and IDK why bb skarm thinks these cases were good candidates for critiquing the current process, these bitches got ghosted/ghosted others. like seriously what is wrong with you all? no really dudes, what is it? what is going on? it is incredibly easy to ghost and get away with it and when ppl fuck it up and get caught this is seriously your response. yikes. like there is really something wrong with yall, pokemon is probably an unhealthy obsession for you all I reckon.
 

Boat

fuck nintendo
is a Tournament Director Alumnusis a Community Leader Alumnusis a Community Contributor Alumnusis a Battle Simulator Staff Alumnusis a Dedicated Tournament Host Alumnus
I'd like to address a few comments and refocus this thread.

Firstly, the investigation mentioned by Perry was related to the second set of bans; we did not act on CBU or any other user with incomplete information. At that point in time, the investigation was still ongoing, and so we couldn't provide the logs the users asked for. This is no longer the case, and as Amaranth said, they will receive the relevant logs in a matter of days. Let this also serve as a reminder to not use this thread as some sort of public appeal mechanism.

Secondly, Amaranth's post did not mean that we are always going to be able to provide users with the relevant logs. As many people have said, protecting sources is critically important. In some cases, people who know they've been caught ask for logs because they are attempting to find who leaked (which to be clear, is not what is going on in the UULT case). We don't want to facilitate that in any manner, so while in this particular case we can post logs to the relevant users, that is not a guarantee for future cases.

Thirdly, I want to refocus the thread. The ongoing conversation about bigotry and tolerance is absolutely an important one, but it's currently distracting from the thesis of the thread. The thread started as a critique of the TD team's investigative practices, and suggesting that StepC's infraction or Discord policy is related is just not correct. The StepC infraction was not a tournament violation and wasn't handled by the TD team, and when it comes to Smogtours Discord bans, we're typically quite open with sharing the infringing logs with the user in question. Please keep this thread on topic.
 
take it from a past td, appeals are a giant waste of time. the td team is incredibly thorough with investigation and i can hardly remember a single case of a “wrong” ban in the last however many years. if you act right you don’t get tourbanned, it is truly that simple.

also a reminder that tds don’t have unlimited time and shouldn’t need to legally argue against someone who’s throwing a hail mary out there even while knowing they’re guilty.

re: log revealing i think it actually is fair to request so long as sources have their identity protected.

idk how this thread turned into a bigotry debate either but definitely not the place for that
 
I do not think every piece of evidence that the TD team has access to ought to be shared publicly. However, allowing people access to the allegedly incriminating logs should be the rule, and keeping them hidden based on privacy concerns should be the exception.
I recognise that time has passed since the following decision that I am about to link. I am linking it anyway because I watched it unfold in real time, the user who had the logs saved is one of my friends, and it makes it absolutely crystal clear that decisions should be as transparent as they can feasibly be.
https://www.smogon.com/forums/threa...ment-xii-round-1.3562534/page-25#post-6639782
The decision was overturned because Shaka Brah just so happened to be in the same PS room, and just so happened to have his PS saving logs, and then chose to make those logs publicly visible. This happened on a Wednesday, had the next round of OST already started before Shaka Brah's post, this decision would have been significantly harder to rectify.

I do not have comments on whether other tour bans in this thread are justified. As far as I know, the TD team is doing a good job of catching cheating as it happens and banning the relevant users, which I appreciate is a task that has many complications. However, as a general rule, I believe that if an individual wants to request logs of things that they themselves have said that others find incriminating, with few exceptions, they should be able to receive them in a timely manner without waiting for the decision to already have been made and finalised.
 

Niko

is a Tiering Contributoris a Past WCoP Champion
World Defender
Thirdly, I want to refocus the thread. The ongoing conversation about bigotry and tolerance is absolutely an important one, but it's currently distracting from the thesis of the thread. The thread started as a critique of the TD team's investigative practices, and suggesting that StepC's infraction or Discord policy is related is just not correct. The StepC infraction was not a tournament violation and wasn't handled by the TD team, and when it comes to Smogtours Discord bans, we're typically quite open with sharing the infringing logs with the user in question. Please keep this thread on topic.
Both my ban and StepC ban involved TDs, but still, TDs are a part of the Smogon Site Staff. I didn't want to start another thread to say that stuff. Also, the problems are the same: lack of transparency, unprofessionalism and problems with the appeals.
take it from a past td, appeals are a giant waste of time. the td team is incredibly thorough with investigation and i can hardly remember a single case of a “wrong” ban in the last however many years. if you act right you don’t get tourbanned, it is truly that simple.
What happens if a protected "source" creates fake logs to get a user they doesnt like banned?
This is for sure uncommon, but it could happen anytime if someone wants to do that and you wouldn't even know if it happened, because the infracted user can't prove you wrong. Not like you can do anything about it, the point is: appeals don't exist just to keep people happy, they exist because sometimes they are justified. The fact that they are always rejected is a signal that something doesn't work properly.
Get yourself a good support bro, together with people sharing what you say in your post. Really.
 
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