this was fucking hilarious bro. thank you so much for posting this, really made my night.who the fuck are you lol
No.
A retain is an option, not the player themselves. You traded for the option.
This is above and beyond fair to the Sharks, fwiw, allowing you to exercise the option at midseason. The facially obvious route would be to enforce the trade + the retain as intended -> there is a risk to picking up any player, be it through the auction or through retains (which are just circumventing the auction in practice) that the player will get tourbanned. More than any other team, at the time he was tourbanned, Tricking was a Shark.
There's also a precedent for undoing a trade. Obviously the circumstances are completely different, but so are the circumstances regarding Tricking and Noodlez, which includes the time constraint of the latter and the fact the auction for this SPL is in two weeks, which is a fair amount of time.there is precedent, though it obviously can be argued that the faulty retain wasn't in any way an error on the part of management unlike that situation, and that the trade could (should, i think) be overturned
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Television has a brand, if you buy a broken television thats the brands fault and you can get your money back or another television. Thats something the brand offers you and its something mandatory by law to protect the customer. The responsibility of offering a functional tv is on the brand.
Tricking is not a product being offered, he is a human being and not made by a brand, if he got banned thats his own fault for erratic behavoir. The spl or the scooters are not responsible for this. You made the choice of buying him, why should scooters lose their 4k for something they didnt do?
This is a better analogy: imagine chelsea pays real madrid 80 mil for a player and the player gets 3 month banned for racism, and then chelsea is like yo i want the money back. :|
So it appears there has been a misunderstanding as to fundamentally what a retain is. A retain is by definition an option. This means buy purchasing trickings retains you bought the option to buy tricking for the upcoming spl. You did not however buy the asset himself. This is quite clear in the fact that retains must first be traded and then the player is purchased. If you wish to see examples of this occuring I would like to refrence you to the following threads
1) http://www.smogon.com/forums/thread...retention-and-sellback-announcements.3621885/
2) http://www.smogon.com/forums/thread...retention-and-sellback-announcements.3588269/
3) http://www.smogon.com/forums/thread...retention-and-sellback-announcements.3557183/
4) http://www.smogon.com/forums/thread...ion-and-sellback-announcement-thread.3523242/
5) http://www.smogon.com/forums/thread...ion-and-sellback-announcement-thread.3494357/
6) http://www.smogon.com/forums/threads/official-trade-announcement-thread.3475450/
7) http://www.smogon.com/forums/threads/smogon-premier-league-3-trade-thread.3459998/
So now that what a retain is by definition has been clarified I would like to proceed to talk about the arguments that have been presented.
So the point you are making here is based on the fact you have purchased an asset already being the T.V. This is objectively and definitively wrong due to you in actuality buying an option to purchase this asset. I don't think you require a simple and more accurate version of your analogy to understand this point so I wont insult you by deciding to post something that takes away from the notable facts (of which are not stated in this post) and only serves to talk down to the argument presented by Teal which I myself am in agreement with if you have not yet linked this posts theme with Teals.
Purchasing a player comes with inherent risks. These risks must be weighed vs the rewards by management to conclude whether or not a player is worth the sum of the proposed investment. Are we now to say that management essentially neglecting a key facet of player analysis is not their fault? These decisions are dissimilar in that how the players were banned differ but the precedence supports this TD decision in a scenario where we value good management skills over poor ones.
Due to the established principle that a retain is not in fact a player once again the above analogy does not make sense. Even if you were to be bullheaded and retain the notion that somehow purchasing a retain equals purchasing the player (which it fundamentally is not) then Rewer's above example of the racism ban is far more applicable than medicals which will be used in future quotes by Sharks management. We'll get to why later.
Legally binding contract- Would you care to show the contract agreement you had with scooters stating that your purchase of tricking was contingent on him not getting himself tour banned. Sure, you could infer that this is the case but I do not think a jump in logic no matter how small is a definitive contract, nor is it binding. This is due to these jumps being entirely dependent upon the parties involved viewpoints and good luck proving that any kind of inferred agreement between yourselves and Scooters occurred regarding this. Welcome to the world of shitty analogies. Where citing examples of iron clad contracts drawn up professionally by solicitors apparently equates to a trade deal with no official contract contingencies ever put in place. If this is not the case feel free to dispute by proving that all of the elements of a contract have been followed by yourself clearly stating where the buying of Tricking was contingent on him not being banned (This is why Rewer's example fits better. A contract will most likely not have a racism ban contingent in place. Injuries beyond the control of the player do not equal racism within his control). By the way this is still assuming you are going to choose to ignore the fact that you did not buy Tricking but you bought the options to buy him. Why would the option to buy someone be refundable? If you were to bring it in football terms as right now I'm starting to doubt that logical understanding is possible for this discussion with some awful analogy. Big clubs pay for the option to buy a player first at multiple stages of their career. These options allow the club to be given a choice to buy them or not. If they choose to not exercise the option it is not refundable. If the choose to exercise the option to purchase it still is not refundable. This a separate deal to the actual purchasing of the player. This is what you bought. I'm glad you continue to choose wrong, imaginary options in order to further your own personal beliefs, allowing emotion to cloud your judgement on what is an open and shut case.
Thanks for the sassy response btw. I didn't know that once again insulting someones intelligence over actually arguing is a quality attribute of a Senior Staff member.
also why is classiest a fucking waifu now what was wrong with gallade
Since when are retains rights defined as "options"? If that was truly the case why does this line exist: "When trading retainer rights, the players of the rights being traded must also confirm their intent to play for their team-to-be at the time of trade."
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Why do players need to confirm they are willing to play for the team they are being traded to? If it was just an option, that's a completely unnecessary step as it's the managers responsibility to make sure the player is willing to play for them; ie: "there is a risk to picking up any player". That safeguard was created to protect managers from shit they have no control of after the "Noodlez precedent" Zeb brought up (which wasn't 2 weeks before the auction). Why is creating another safeguard to make sure no one is getting dicked completely out of the question? why does the "definition" (which afaik has never been official) go one way, while the the requirements to make trade official tell us a different thing?
There's also a precedent for undoing a trade. Obviously the circumstances are completely different, but so are the circumstances regarding Tricking and Noodlez, which includes the time constraint of the latter and the fact the auction for this SPL is in two weeks, which is a fair amount of time.
You are overthinking an extremely simplistic analogy that explains why not getting what you paid for and not getting any sort of refund is fucking stupid. If you want a different one:
You pay to reserve an hotel room for 8 weeks; you aren't paying to own the room, you are paying to be allowed to use it. When you are doing the check-in you are told your room flooded and that it will be unavailable for 4 weeks, but that you can use it after that without any problem, or you can outright lose almost a third of the money you were planning to pay for that room and get nothing in exchange. There are no additional options; it's a lose-lose for you and the room flooding isn't the hotel's fault. Do you think those two options are fair for you?
"There must be a law to protects people in that kind of situation" - Probably, yeah. So why don't we have any policy to protect managers / teams from similar situations?
The sports analogy is bad, not only because it ignores countless examples or trades being voided in all sports, but because you are comparing a sport that moves million of dollars with every trade, all of them with specific clauses to protect all parties, made by lawyers to ensure they follow countless laws, with a small Pokemon tournament in the internet, 4k imaginary credits trade and literally made up policies made by members of the community. You want to bring the legal aspect to a discussion that has no business being about legal shit.
In reality, all analogies are bad because this is a very specific problem for a very niche tournament on the internet.
Exactly where are retains being defined? I can easily say "A retain is by definition buying an asset. This is quite clear in the fact that the player whose retains right are being traded must agree to play for the team they are being traded, otherwise the trade isn't official"
You want to read what you want to read. There's no hard definition of retains and you are using SOME lines in those threads to try to justify your personal opinion.
Overly analyzing a simple analogy and ignoring the point behind it.
This is the part where this post gets fucking rich.
Where was this opinion when Omfuga got banned during Snake? I only recall your team quite literally asking me non-stop to get involved to help you, fuga's ban being appealed to let him play in Snake, the TD team going out of their way to change tournament policy to let Fuga play (policy created by M Dragon btw, who wasn't in your team), when the policy as they wanted was shutdown (the revised version didn't let fuga play in Snake) I was contact again, after directly telling your co-manager how to tackle the situation, I argued with the rest of the admins to let Fuga play and got the "exception" approved.
Not only you post tons of unnecessary fluff that add nothing, but your hypocrisy is quite transparent. Feel free to tell me you had nothing to do with that, it was only half of your team and your co-manager, Tony. (who's also a TD now and can verify all those claims btw. I do have all logs as well)
The principle established nowhere. I'm yet to see an official post defining retains or an explanation of why there's a safeguard to protect managers if that goes against the "retains are only the rights to buy someone" definition.
Yes, there are no legally binding contract in SPL. In case you haven't realized that, this applies to absolutely everything SPL related. There's no "legal" reason to undo the trade, but there are no "legal" reasons to not undo the trade either. Comparing a system regulated by laws with a Pokemon tournament with made up rules is exactly why the sports analogy is bad. I'm sorry if my 2 min post made from my phone failed to get that message across.
Two quick notes:
"Injuries beyond the control of the player do not equal racism within his control"
Medical checks aren't just for injuries, it's to make sure the player is up to the physical standards of the team that wants to buy him. Medical checks are the last safeguard for teams to make sure they are getting exactly what they want. The terms for the trade have been agreed by both teams and the player has agreed to the trade, but if the player doesn't pass the medical, the whole thing falls off. If you want to read more about the subject: http://www.bbc.com/news/uk-30269991
Obviously there is no direct comparison between this and SPL. But one system has multiple measures to prevent bullshit, while the other does the bare minimum.
"A contract will most likely not have a racism ban contingent in place."
Moral clauses are literally a thing pretty much everywhere, including sports. I'm sure you can find countless examples of contracts being terminated for that reasons if you google it; shit isn't uncommon by any means.
If you think that sassy response insults anyone's intelligence, that seems like a you problem. Calling an analogy bad or an obvious statement obvious isn't an insult to anyone's intelligence, but by all means feel free to be offended on rewer's behalf. I'm not getting paid to not post sassy posts, in fact I'm not getting paid at all, and unless that changes at some point in the future, expect more sassy posts.
I would rather be sassy than a blatant hypocrite. You can take this as an insult and please note I'm completely willing to share all logs regarding the decision behind letting Omfuga play in Snake, just letting you know in case you want to talk more in depth about that incident.
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There are more than two solutions here, implying "you are throwing us a bone" while forcing us to pick between a turd or a smaller turd is KINDA underselling the options you are giving us. There are solutions that don't dick any team, there are ones that will have consequences over other trades, there are solutions that don't affect the integrity of the tournament.
Rules and policy have been changed in the past to make sure no one is getting dicked. You can't follow precedents when the situations aren't remotely close to being the same, you must create new policy to deal with new problems. There's more than enough time to deal with issues in such way no one gets punished unfairly for things outside of their control.
Also don't fucking tell me mid-seasons retains are a "good and fair" idea.
Why do players need to confirm they are willing to play for the team they are being traded to? If it was just an option, that's a completely unnecessary step as it's the managers responsibility to make sure the player is willing to play for them; ie: "there is a risk to picking up any player". That safeguard was created to protect managers from shit they have no control of after the "Noodlez precedent" Zeb brought up (which wasn't 2 weeks before the auction). Why is creating another safeguard to make sure no one is getting dicked completely out of the question? why does the "definition" (which afaik has never been official) go one way, while the the requirements to make trade official tell us a different thing?
The sports analogy is bad, not only because it ignores countless examples or trades being voided in all sports, but because you are comparing a sport that moves million of dollars with every trade, all of them with specific clauses to protect all parties, made by lawyers to ensure they follow countless laws, with a small Pokemon tournament in the internet, 4k imaginary credits trade and literally made up policies made by members of the community. You want to bring the legal aspect to a discussion that has no business being about legal shit.
In reality, all analogies are bad because this is a very specific problem for a very niche tournament on the internet.
Exactly where are retains being defined? I can easily say "A retain is by definition buying an asset. This is quite clear in the fact that the player whose retains right are being traded must agree to play for the team they are being traded, otherwise the trade isn't official"
You want to read what you want to read. There's no hard definition of retains and you are using SOME lines in those threads to try to justify your personal opinion.
Overly analyzing a simple analogy and ignoring the point behind it.
Where was this opinion when Omfuga got banned during Snake? I only recall your team quite literally asking me non-stop to get involved to help you, fuga's ban being appealed to let him play in Snake, the TD team going out of their way to change tournament policy to let Fuga play (policy created by M Dragon btw, who wasn't in your team), when the policy as they wanted was shutdown (the revised version didn't let fuga play in Snake) I was contact again, after directly telling your co-manager how to tackle the situation, I argued with the rest of the admins to let Fuga play and got the "exception" approved.
Not only you post tons of unnecessary fluff that add nothing, but your hypocrisy is quite transparent. Feel free to tell me you had nothing to do with that, it was only half of your team and your co-manager, Tony. (who's also a TD now and can verify all those claims btw. I do have all logs as well)
The principle established nowhere. I'm yet to see an official post defining retains or an explanation of why there's a safeguard to protect managers if that goes against the "retains are only the rights to buy someone" definition.
Yes, there are no legally binding contract in SPL. In case you haven't realized that, this applies to absolutely everything SPL related. There's no "legal" reason to undo the trade, but there are no "legal" reasons to not undo the trade either. Comparing a system regulated by laws with a Pokemon tournament with made up rules is exactly why the sports analogy is bad. I'm sorry if my 2 min post made from my phone failed to get that message across.
Moral clauses are literally a thing pretty much everywhere, including sports. I'm sure you can find countless examples of contracts being terminated for that reasons if you google it; shit isn't uncommon by any means.
If you think that sassy response insults anyone's intelligence, that seems like a you problem. Calling an analogy bad or an obvious statement obvious isn't an insult to anyone's intelligence, but by all means feel free to be offended on rewer's behalf. I'm not getting paid to not post sassy posts, in fact I'm not getting paid at all, and unless that changes at some point in the future, expect more sassy posts.
There are more than two solutions here, implying "you are throwing us a bone" while forcing us to pick between a turd or a smaller turd is KINDA underselling the options you are giving us. There are solutions that don't dick any team, there are ones that will have consequences over other trades, there are solutions that don't affect the integrity of the tournament.
Rules and policy have been changed in the past to make sure no one is getting dicked. You can't follow precedents when the situations aren't remotely close to being the same, you must create new policy to deal with new problems. There's more than enough time to deal with issues in such way no one gets punished unfairly for things outside of their control.
Also don't fucking tell me mid-seasons retains are a "good and fair" idea.
First off, Thanks for responding in a more comprehensive manner without the use of, in your own words, bad analogies. So into the actual problem.
1) The "Noodlez precedent" only does not redefine what you have bought. The player by agreeing to the trade is giving you the express permission to purchase the option to buy him with the intent he will play for your team. Phrasing is key here. It is not a completely unnecessary step because it does do as intended. It safeguards managers. If the problem is the fact you do not think that buying a retain is an option then this https://en.wikipedia.org/wiki/Call_option explains exactly what an option is. It is by very definition, an option. This should not have to be wrote down somewhere on site when it is clearly implied by SPL retention formatting through out the years.
2) You brought up contracts first. Don't get me wrong, I'm glad you have flip flopped on the idea that discussion of real world situations which are in deed applicable to the situation should be used by people. It only further perpetuates the attitude of "I'm right and you're wrong" in your posts. Why should we not uphold ourselves to the same standard as other mediums of trade?
3) You cannot quite easily say that "A retain is by definition buying an asset. This is quite clear in the fact that the player whose retains right are being traded must agree to play for the team they are being traded, otherwise the trade isn't official". In this scenario you are being given the players intent to play for you if you were to buy his options and activate them. This does not redefine the definition. I'm not ignoring your point or any points for that matter, I am addressing it quite clearly. What you are doing is using a logical leap to alter a definition
4) I did not over analyze your point. I analyzed it using criteria that was established by you, and my argument against that. If you have a problem with an intellectual conversation which actually discusses everything brought forward how can you possible expect to be reasonable in a debate such as this?
5) If you would like to provide evidence of myself messaging you or any of SS regarding Omfuga's ban (Which has no place in this discussion by the way) then feel free to try and justify me being hypocritical. This is not the case though. I disagreed with certain elements regarding Omfuga's ban and was justifiably annoyed by it but my only involvement was writing his initial ban appeal. I did not message any of SS or TD's and attempt to influence the decision on Omfuga. Users such as Tony may have but I did not. Do not hold me accountable for actions of an individual acting alone. If you had a problem with that decision why are you bringing up the issues with it now? Are you saying you only supported the decisions made regarding Omfuga because members of my team who are friendly with you messaged you to support? If so this is a far greater moral issue than one of hypocrisy. This entire paragraph is dedicated to attacking the man and not the point. We drafted Omfuga knowing the risks involved with him. We drafted ABR knowing he brings with him his ability to fuel a fire. We drafted The Trap God knowing the communities opinion of him would most likely reflect badly on the team. These are issues management have to consider. This is the point being made. I in no way demonstrated a hypocrisy in aiding Omfuga by writing his ban appeal. I helped a member of my team undo what was deemed to be an overly long ban in hindsight. The real issue brought up from this is your character and how you make decisions.
6) Again, the Noodlez precedent does not redefine what you are buying. If you still believe it does for whatever reason we can stop posting here because you will never change you point of view and this will go on forever. If you believe a provision should be put in place to safeguard managers against a situation such as this then that is fine. Just realize that there currently is not one.
7) You slam legally binding contracts yet I was merely addressing what you said about them. I don't see a problem with discussing them either. Real world practices should always be used as a reference point in order to create a working framework by which TD's and staff may refer to. Unless you're suggesting that we make decisions arbitrarily ignoring how other operations conduct themselves.
8) Morality clauses do not usually address refunds. You say so yourself. In exceptional circumstances they might but it is exceptional. If that is a provision yourself and Scooters agreed upon then by all means take your refund but exceptional provision cannot be taken as inferred by the Scooters management in this scenario.
9) You are not just calling an analogy bad. The whole tone of the post is unnecessarily aggressive. That was my issue with it. People attempt to engage in a discussion and you demean their argument by being condescending. This dissuades people from posting and actually enhancing the discussion or contributing to it at all. We should strive for community input on situations such as these but you put people down before they've even got up. This is a personal issue with it and was just a one line response to a one line response. It probably didn't have a place in the thread either but hey, if SS can do it why can't the regular Joe.
10) The solutions you propose which would mean refunding the Stark Sharks negatively affect the Scooters and Classiest. This is not just a you issue. The 4k received by Scooters for Tricking is theirs. The Scooters now feel secure in trading for Lycans retention rights from Classiest trading for 3k. The Classiest now have an extra 3k auction credits. By refunding the Stark Sharks a scenario is created where Lycans trade to the Indie Scooters is compromised. Now you could allow Scooters the option to cancel this trade due to the 4k they will be losing but that now compromises the Classiest's draft plan which may require that extra 3k auction credits. If there is an alternative solution that does not create havoc for all teams involved then propose it. Simply giving the auction credits back to the Stark Sharks is unfair on at least 2 other teams. Any arguments regarding the integrity of the tournament are a philosophical issue and subjective meaning they are debatable but will likely lead nowhere.
11) The issue may indeed be resolved before SPL but unless all parties involved are equally satisfied by the solution and managers and TD's approve the decision then retro active implementation of new policy regarding this incident is not the solution. I know rushing the a possible solution may benefit the Sharks in the short term but the long term repercussions are troublesome. Objectively there is no need to rush any policy decision regarding this as the current one is at present the most fair option to the majority of parties until an amicable solution is found.
12) This is why people are saying you have been in your own words "thrown a bone". I think most people will resonate that a mid-season retain is not a good idea and would advocate for you being unable to do that AND not be refunded. Quite honestly if this the decision stands then your last line here could effectively contribute to your own demise.