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#feedback

7/14/2015 2:55:25 PM
100

Naming cheaters is NOT prohibited by the Code of Conduct or Terms of Use

Mods, please stop telling people that it is. If someone posts a video of someone cheating, and/or names them in their post, this is NOT prohibited by the terms that we have all agreed to when using this forum. Sure, you may have made a post or two about it. But, I neither read nor agreed to "posts". I did read and agree to the Code and Terms. Here are the only relevant sections in either document that might deal with naming cheaters, and why it doesn't apply. [b]Code of Conduct[/b] [u]Stuff That Sucks - Personal attacks, harassment, or violations of privacy.[/u] - This is none of those things. We are not making attacks upon their person, but rather publicly showing their gameplay style. If they were doing nothing wrong, then there would be no problem in it. We are not commenting upon them as a person (race, color, creed, religion, sex, sexual orientation, etc.). We are pointing out something that they did in the game. In this, it is little different than posting a video of someone running sword on Crota. [b]Terms of Use[/b] [u]Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.[/u] - Note that this ends with, "or otherwise violate the legal rights". This means that the terms that come before this clause are also violations of rights. No one would classify posting a video/name abuse, harassment, stalking or threatening. But, is it defamation? Westlaw defines "defamation" as the act of making untrue statements about another which damages his/her reputation. If we have video proof, it is not untrue. Therefore, making such a post is not "defamation". [u]Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.[/u] - This practice is not inappropriate, profane, infringing, obscene, indecent or unlawful. And, we've dealt with defamatory. But, here's the icing on the cake. [b]Privacy Statement[/b] [u]If you post any information to a public area of the Bungie Services, Bungie Communities, Forums, or other messaging functionality or social or interactive features that may be provided on the Bungie Services, please be aware that it is no longer “personal information” for the purposes of this Privacy Statement, and we or anyone else may use such information without restriction.[/u] - This specifically says that if a person uses any interactive services (multiplayer is interactive, and therefore included), then anyone may use such information without restriction. Bungie has specifically and legally give me permission, via a legally-binding document which I agreed to by playing the game, to make posts which include people's PSN/GT and videos of them. Therefore, moderators, please stop deleting posts that contain this information. These people are CHEATING. They deserve to be banned. In order for that to happen, their actions need to be seen. And, to be seen, their videos must be posted and allowed to be viewed by the masses.

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