[Ban Appeal] theobsidianthief [TigersTooth]

Discussion in 'Appeals Archive' started by Raphaël Bélanger, Oct 20, 2013.

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  1. Raphaël Bélanger
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    Raphaël Bélanger Member

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    I, theobsidianthief, from my real name, Raphaël Bélanger swear on a Bible that I will tell the truth, all the truth and only the truth.
    I will save you the usual legal prociedures by saying that : Anything I say or do may be held against me.
    Please note : I would like you to provide me with proof of a such event as to make the process quicker

    Plaintiff's acknowledgements :

    1. Server name (.net / .org ): Skyblock.org

    2. In-game name: theobsidianthief
    3. Full exact Ban Message:

    Disconnected by server
    Kicked whilst connecting to skyblock: Banned:
    Banned for trespassing automatic farm. Appeal at skyblock.net
    #TigersTooth

    4. Did you read the rules ?

    This question is vague/ambiguous, what rules, where, how,when.
    When I Joined the server for the first time, one could aquire a rule book (I lost my copy in the void and could not get it back as that feature was removed) at /spawn, such is no longer the case. At the time, I was not aware of their ever being a forum for this very server until I ran into an auction issue regarding a miscommunication between my computer and the server and was told to talk with someone on the forum to claim a refund. (My computer has been prone to these kind of problems and I have often lost a few dollars to this kind of issue, which I didn't mind very much.)

    So, yes, I have read the server rule book and once on the forum, I have read the server rules on the forum. Said rules appear to be lacking details, and have been quite hard to find.

    Note : I have not infringed any known forum or server rule. I have not griefed, stoled anything or bridged to any island. I have not asked any staff member for any item or staff position. I did not advertize another server. I did not spam or used offensive language. I did not make new islands just to trade everything on them. I have been respectful. I have used common sense. I have not failed to follow any server rule.

    Please note that server rules have been hard/impossible to find on this forum


    5. Why do YOU think you were banned?

    The ban message says that I was : Banned for trespassing automatic farm.

    Let me offer some clarifications :

    Their are two instances in which this situation could have occured :

    instance 1 : myty12345's island

    myty12345 island's, has an automatic pumkin farm, which is currently being expanded and renovated.
    I have been for a while on a cooperation island with myty12345 (I no longer am, he removed me from the coop (without justification)). He was the owner of the island. I sometimes go to his island to talk with some other friends and talk with him to notify him that I intend to talk with him on the subject of getting back my items from his island when there is going to be a moderator online (this is another issue, it is not related to this one), we have a history of hatred since he removed me from the coop. (I won't make any assumptions because of : insufficient facts or evidence)

    instance 2 : *unknown owner*'s island

    I have been searching for a good design for an automatic farm of some kind (I am fairly new to the game that is minecraft). I searched many youtube videos and interned pages in search for the most effiient resource light automatic farm possible. (Without conclusive results). Anyways, I once got word of a warp, which I believe is : /warp sheepz. It is an automatic pumkin farm. The warp platform is 1 block by 2 blocks with doors(that have been madeprivate) behind each block, these blocks are elevated so that is you fall in the water stream you may not get out of it, it has growing pumkins on each side wall and pistons push them into the water stream.

    Note : My laptop computer has difficulty processing block with doors on them for some reason. This often caused me to fall into the water and collect the pumkins that happen to be flowing there at that moment. I once saw that the doors behind the warp where open so I walked out and took some time to look at the redstone behind what see what was brigning to life what seamed to me to be such an astounding creation. So I walked out, talked with the person on the island at that time. I told him he had an amazing creation, he never answered me. I continued to look around, trying to figure out how the redstone behind it all was working.

    Please note that any and all items collected by accident from these farms where returned.
    my in-game name may not imply this but I am not a thief, I don't steal.

    Also note that in their history, these warps have at one point or another been made public trough global chat. This concists of a warrant for both of these.

    6. Was this an incorrect ban?

    Let us first disucuss the difinition in incorrect .

    According to the online Merriam-Webster dictionnary, Incorrect means :

    a) inaccurate, faulty

    The Farlex Free dictionnary defines incorrect as :

    b)Not correct; erroneous or wrong
    c)Defective; faulty
    d)Improper; inappropriate

    How do you define incorrect?

    Let's now discuss what it means to trespass:

    The Merriam-Webster online dictionnary defines trespassing as :

    a) the crime of going on someone's land without permission
    b) an unwarranted infringement
    c) an unlawful act committed on the person, property, or rights of another; especially: a wrongful entry on real property
    d) the legal action for injuries resulting from trespass
    e) to do something that hurts of offends someone
    f) to treat someone unfairly especially by asking for or expecting more than is fair or reasonable
    g) to go on someone's land without permission
    h) to make an unwarranted or uninvited incursion

    The Larousse dictionny defines trespass as :

    i) Entry without permission

    Definition b and g call for clarifying :

    Unwaranted means :

    j) without authorization,sanction, or justification.

    Note : I have used 3 dictionnaries to define the terms in use in this letter, which, according to most legal expert is considered as a fair amount to give unbiassed results. I have labeled the definitions as to provide clear and easy references troughout this letter and/or conversation, whichever the case may be.

    On the question of whether this was an incorrect ban or not,

    This may be an incorrect ban and it may not be.

    I call your attention to provious acknowledgements :

    Please note that any and all items collected by accident from these farms where returned.
    my in-game name may not imply this but I am not a thief, I don't steal.

    This is a very important statement, I do not have any intention to trespass an automatic farm to steal/acquire in an unlawful manner any goods.

    Now, as for trespassing : Have I trespassed unowned land without permission or warant?

    No, I have not.
    I call your attention to instance 1, myty123454's island.
    The act of being on said island does not concist of an unlawful act because it was waranted. I have had the intention to talk with one ot many other players on said island and to notify myty12345 of my intend to talk with him in presence of a moderator to get back my items. It was also waranted by the fact that at one time or another the island's warp has been made public on global chat.

    I call your attention to instance 2 : *unknown owner*'s island.
    The act of being on said island does not concists of an unlawful act because it was waranted. I had the intention to acquire new redstone and automatic farm knowledge. It was also waranted by the fact that at one time or another the island's warp has been made public on global chat.

    This ban may be partially warranted by yet unknown server rules.
    To which I will respond that it is your duty to make the server starter friendly by providing me and other players of clear, easy of access and comprehensive server rules, which has not been the case.


    7. Were you ever banned before on SkyBlock? If so, what for?

    I have never been banned before on Skyblock, nor on any other server.

    8. Why do you think you should be unbanned?

    I have not infringed any laws, I have not transgressed any rules, I have not encroached any items.

    I have not infringed any known forum or server rule. I have not griefed, stoled anything or bridged to any island. I have not asked any staff member for any item or staff position. I did not advertize another server. I did not spam or used offensive language. I did not make new islands just to trade everything on them. I have been respectful. I have used common sense. I have not failed to follow any server rule.

    I call your attention to the second to last rule : Use common sense. I have used common sense and ask you to do so too.

    Have you followed common sense? Have I been provided with warnings? No. have you provided sufficient evidence as your claim not to be rejected due to lack of evidence? No. Have you assumed that I am inncocent unless proved otherwise? Apparently not.

    Please provide me with sufficient evidence of such theft.

    I look forward to a hasty but comprehensive reply on your part.
     
  2. salamander9o
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    salamander9o Senior Member

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  3. Raphaël Bélanger
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    Raphaël Bélanger Member

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    Yes, TigersTooth is the plaintiff, I'm the defendant
     
  4. DarkSlayer5647
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    DarkSlayer5647 Member

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    u were in my farm. as u can see in the photo. u were afk.
     

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  5. Raphaël Bélanger
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    Raphaël Bélanger Member

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    This is from instance 2, but a such comment raises the question :

    How could one possible assume from a static image that I was Away From Keyboard (AFK)?
    I call your attention to my first post in which everything is explained in full detail.
    Here is a brief summary of why I may be in said automatic farm.

    1) My computer had trouble processing the block with a door on it and glitched me frowards into the water
    2) I was trying to figure out whether yes or no this farm was working using block update detector switch (also known as BUD switch)

    I assure you that in no way was I ever away from my keyboard collecting pumkins.
    Although it may not appear in the picture you provided me, I was never warned that my presence to observe the farm ever was an issue. A report was filled without any warning or notification of any kind.

    I call your attention to the very first sentence on my part :

    I, theobsidianthief, from my real name, Raphaël Bélanger swear on a Bible that I will tell the truth, all the truth and only the truth.

    This insures I am not, will not and may not lie during this appeal. (As required by law)

    Unless you can prove I was not AFK, you must assume that I am innocent unless otherwise proven. (Nothing has been proven by this picture that I didn't mention earlier)

    When I mentionned at the end of my first message to use common sense, it isn't exclussive to players, it also applies to moderators and ask you to retink you decision of thinking that I was sitting there, in the farm, away from my keyboard, just based on "evidence" from a static pricture. I call for false assumption unless further evidence.

    Thank you, you may proceed.
     
    Last edited: Oct 21, 2013
  6. Raphaël Bélanger
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    Raphaël Bélanger Member

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    Which would you rather thrust : static picture or the defendant's acknowledgements under the serment of Oath?
     
  7. TigersTooth
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    TigersTooth Active Member

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    I just wanted you to understand that going into other people's private auto farms is illegal. This will act like a warning. You seem like a trustworthy and truthful person, try not to let this happen again though.
     
  8. TigersTooth
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    TigersTooth Active Member

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