1. Roper: So, now you give the devil the benefit of law!

    More: Yes! What would you do? Cut a great road through the law to get after the Devil?

    Roper: Yes, I'd cut down every law in England to do that!

    More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

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Reduced 2016-AT-03: Staff and John Smith

Discussion in 'Administrative Tribunal' started by BeaconHill, Jan 2, 2016.

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  1. BeaconHill

    BeaconHill The Age of New Stars Advocate

    Introduction

    I am an advocate, filing an appeal on the behalf of @John Smith.

    On December 23rd, 2015, LordSquishy banned John Smith for two years, theoretically over the Legend of the Illuminatist Madoka (LotIM) quest, under Rule 2 which prohibits hateful content or advocacy of violence. He also locked its thread. Because of the holidays, we were granted an extension to file our appeal until January 2nd, 2016.

    This quest had been running for a little more than two months; though it was still in its early stages when locked, it was at the time quite bleak in outlook. LordSquishy has declined to cite any specific posts from it as definitively violating. There was one post, a chapter revisiting the historical murder of the Romanov dynasty, which was cited as borderline but still OK; it can be found here.

    On the other hand, LordSquishy has been very clear about pointing out one thing that is indeed actually violating: a post from 2014 which was already infracted a year and a half ago, and is not in any way related to LotIM except insofar as it was posted by the same author. It reads as follows:
    It was apparently deleted from Sufficient Velocity; unless staff members have access to a copy of it, it cannot be viewed on SV in its original context.

    This infraction was handed down under Rule 2, which reads:
    We believe that it cannot be supported by an ordinary, diligent reading of the Compact that any part of LotIM itself violates Rule 2. While we concede that John Smith's August 2014 post violates Rule 2, we believe that three years' ban for it is substantially excessive under the circumstances.

    Legend of the Illuminatist Madoka Does Not Violate Rule 2 On Its Own

    LordSquishy, in communications with John Smith, claimed to be looking at three elements of the quest in order to decide whether it merited infraction: its content, its tone, and its motivation. However, he explicitly states that the content or the tone are not enough, on their own, to justify an infraction for LotIM. As he pointed out, even fiction as wholesome as Star Wars destroys planets; bad things often happen to fictional characters in nearly any story you might care to name.

    Instead of on tone or content – indeed, any part of LotIM itself – LordSquishy believes that the infraction stands on John Smith's "motivation" for writing the story. He believes that LotIM is intended to advocate for violence or hate, even though the actual events of the quest are not so hateful as to violate Rule 2. And he can't find any evidence of this nefarious motivation in the quest itself.

    This Infraction Stands Entirely On A Statement Already Infracted

    LordSquishy bases his theory about John Smith's "motivation" for the quest on something John Smith wrote in the summer of 2014, about a year and a half ago. We are not disputing that this particular quote is worthy of infraction. However, it was already infracted. John Smith was banned for a year over it, ending last summer. And it has absolutely nothing to do with LotIM except that it was written by the same author.

    LotIM Shouldn't Be Tarred By An Old Quote Out Of Context

    It's not right to assume that this old statement accurately reflects John Smith's motivations for writing LotIM, even if it does appear vaguely applicable.

    Yes, LotIM is a Madoka quest, and it is sometimes dark; the quote could conceivably apply. But Madoka is a dark universe, and it often seems as though Orwell's boot of despair is pressing upon the characters in it. If we were to pretend that Firnagzen or AnonymousRabbit or some other prominent Madoka fic author had said this, it would be easy to see how the misattributed quote had "motivated" their fics, too. Indeed, there's scarcely any Madoka fiction, fan or even canon, that this statement couldn't apply to.

    If all of John Smith's fic can be tarred with this same pre-infracted brush, there's very little that he can do to avoid it, short of leaving Puella Magi Madoka Magica altogether.

    We don't believe it's reasonable, fair, or supported by an ordinary and diligent reading of the Community Compact, that one bad statement thrown out in the heat of argument a year and a half ago should cast a sufficient shadow to render otherwise rule-abiding fiction violating. Rule 2 demands that a work itself be hateful or advocate violence; an unrelated post from a year and a half prior is no basis at all on which to make such a claim.

    Conclusion

    It's universally agreed by both us and LordSquishy (who handed down the infraction) that no content in Legend of the Illuminatist Madoka is violating on its own. However, the moderators believe that all of LotIM can be tarred with an old quote taken out of context, transforming otherwise non-violating fiction into something deserving of a two-year-long ban. This isn't reasonable, fair, or supported by an ordinary and diligent reading of the Community Compact.

    We believe that this infraction can stand only on John Smith's previously-infracted post from August 2014, and that the subsequent quest does not in any way contribute to the infraction. Since this 2014 post was already infracted, we believe that infracting it again for an additional two-year ban is substantially excessive under the circumstances; even one year for a single post is exceedingly severe, and three is unheard of. We ask that you overturn this new infraction, reducing the punishment to the single year John Smith already spent banned, and unlock the LotIM thread, which contains no violating material.
     
    Last edited: Jan 2, 2016
  2. Under the circumstances, I think it is appropriate to clarify the basis for the infraction. This explanation is substantially the same as was provided to John Smith before his suspension, and which forms the basis for the staff action he appeals.

    A large number of reports were filed against various posts made by John Smith in the thread Legend of the Illuminatist. Because the thread was quite extensive, I locked it while the staff participated in a review. After a moderator suggested the reports were meritorious, I tasked myself with fully reading the thread in question. This took about two days, at which point, after a discussion with all of the Directors, it was agreed that a 24-month suspension was appropriate.

    This two-year suspension was levied under Rule 2, and on the appreciation that John Smith had previously received a one-month suspension and 300 points for posting violent and degrading underage sexual material in a thread which was then deleted, Sid Meier's Puella Duces Civ V Magica.

    Interpretation and Construction of Rule 2
    Rule Two reads as follows:
    This rule is pretty broad, because "advocacy" and "hateful" are pretty broad, general terms. It applies to a broad spectrum of behavior, from the pretty straightforward - saying that someone should be shot - to the internet power fantasy - like suggesting that fictional characters should be the victim of outlandish punishments - to the more insidious kind of advocacy.

    It's widely accepted - in both law, and in conventional understanding of how people communicate - that a message does not need to be explicit to be stated. The advertising industry does not need to explicitly say "Buy this beer and you will get lots of naked women falling all over you", but it is a message that they convey implicitly, by putting nearly-naked women and beer together in advertisements. Similarly, as the Ontario Court of Appeal wrote in R v. Beattie (on the question of whether or not a pornographic story involving children could be described as "advocacy" of illegal sexual acts with children):

    I don't think anyone denies that fiction - both quests and more traditional stories - can convey a message or messages. I likewise do not think that anyone denies that that message may be hateful, or advocate violence, in any of its forms. A post which conveys such a message would clearly violate the stricture of Rule 2.

    Application to Legend of the Illuminatist
    In my opinion, Legend of the Illuminatist conveys a message which is hateful and which advocates violence and which violates Rule 2.

    In order to find that it does so, I believe it is important to consider three separate elements. The first is the specific words of the work; the second is the tone which is conveyed by those words; and the third is the motivation that colors the work itself.

    The first is simply the content of the quest itself. It glories and revels in violence, oppression, and horror of the worst sort. Let me quote you an example that stood out to me as I read through the quest:

    This quite neatly summarizes the essence of the quest to me. The quest is a story about killing billions of people, condemning millions to horror and misery, and sending young girls to concentration camps because they might make bad wishes.

    Let me be clear that as distasteful as killing billions of people might be in a fictional work, it is not by itself against the rules. Nearly every story, as part of its dramatic rise and fall, requires bad things to happen to its characters. There are even many stories which involve the deaths of large numbers of people. For example, in Star Wars, the Death Star destroyed Alderaan. Billions or trillions of characters die in fiction all the time; others routinely suffer gory, unpleasant, horrific tortures or punishments or simple accidents. Such is the life of a fictional character. That being what it is, however, it is a key and disturbing part of the message conveyed by the quest.

    The tone conveyed by the work is also vital to a finding of hatefulness under Rule 2. Here again, Legend of the Illuminatist is concerning.

    Star Wars, to continue the example above, is not a story which celebrates the necessity of the destruction of Alderaan. Even as some characters justify the necessity of it, others deplore it as an awful loss of life. The message of the story does not communicate that the destruction of countless innocent civilians is a good thing, or a positive thing, or something that should be encouraged or celebrated. That is not true for Legend of the Illuminatist. In every way in which the story can celebrate its horrors, it does. The quoted passage, in fact, is all about convincing a doubting main character about the correctness of the Illuminati. There is never any indication given that perhaps the hatred and horror espoused is not a good thing. At best, perhaps, a character might occasionally consider that somewhat less awfulness might have sufficed, a thought that is apparently quickly snuffed out in favor of more extensive horror.

    Again, by itself, simply the conveyance of a negative message is not necessarily enough. There is an extensive literary history in the English language - and I am sure in others - of conveying through dedication to a specific cause that the cause is problematic. This is in fact a rhetorical tool used widely in great works of fiction - Fahrenheit 451, for example - and on this very site, in the context of "taking something to its logical extreme": taking a piece of logic used to justify a small, or not very concerning thing, and then, with a straight face, using it to justify a very large or very concerning thing. The message, while overtly negative, by eliciting a negative reaction in the reader is ultimately positive and not hateful. There is, however, nothing that suggests this was the intent.

    Quite to the contrary, the third element is motivation. We cannot read minds, but we can read posts, and there is a very good reason to suggest that the intent was also hateful. Ford Prefect quoted to the poster the following, which he posted one year ago in defense of a similar work:

    I believe this is excellent evidence of a hateful intent. One year ago, John Smith made posts that described similar acts and in a similar tone. The motivation there was clearly explicitly hateful. In short, the poster has a history - established at this point - of writing things where the message is exactly as transparent as one would imagine. There's no underlying motivation here. It is simply the expression of, and glorification of, brutalization, humiliation, hatred, pain, and fear.

    At its most simple, that is being hateful.

    John Smith says that the involvement of his prior bad acts is outdated. Perhaps that is true. But nothing in the quest itself gives me any reason to agree. In short, simply giving me his word that he has changed is not enough to overcome the fifty-five pages of evidence that suggest he has not changed at all, and that the message he intended to convey was just as hateful and spiteful as it was the last time his posts were brought to our attention.

    Ford Prefect believes that John Smith can change. Perhaps that's the case. He is young yet, and perhaps he will change in the future. Perhaps he won't, though; perhaps he will see this criticism as a personal attack, and double-down on his perspectives. Either, in my opinion, is possible.

    In any case, this is, writ on an industrial scale, the kind of expression that we don't want on SV and that the rules are designed to prevent. Ford Prefect suggested that a two-year ban would be a suitable punishment. I am inclined to agree.
     
  3. BeaconHill

    BeaconHill The Age of New Stars Advocate

    I apologize if this is out of turn (although I am not aware of any rules on this prior to Tribunal), but I've been uncertain on whether a paragraph is necessary in this appeal; I've already added and then removed it. (I believe that moderators can see post edit histories, so you should be able to find a record of this if you want to.) I've decided to add it again, but since it's been a while I'll make a special note of it:

    (regarding the content of LotIM)

    It is also worth pointing out that LotIM is incomplete. Yes, a lot of things are going wrong in the first arc; however, the quest has only existed for a little more than two months, which is not especially long for a quest. Though the message so far does not appear particularly uplifting, that's not surprising considering that it has only just begun; while the story of Noah's Ark is bleak at its best, it would seem outright nihilistic if it were cut off before the floodwaters receded. John Smith tells me, and there is no reason to disbelieve him or evidence to disprove him, that things will get better. Indeed, there's a significant amount of planning for LotIM that we can go into if that's necessary. The way the content or tone look now is not remotely the way it will look in a few months.
     
    Last edited: Jan 4, 2016
  4. 100thlurker

    100thlurker atheshtarih and Enemy of the Lie Magistrate

    Location:
    SMS Odette II
    Hello @John Smith, and thanks to @BeaconHill, I will be reviewing your appeal today. Allow me to apologize for the tardiness in reviewing your appeal.

    Upon review I must reduce the suspension to two year subforum bans in User Fiction and Quests as removing John Smith from the board entirely is an excessive measure.

    Notably, while Beaconhill and LordSquishy have focused on “Legend of Illumanist Madoka” in their respective challenge and defense, Lord Squishy did not issue infraction points but implemented a specific two-year ban. By acting outside standard procedure Lord Squishy has clearly signaled that in his eyes the real issue is John Smith’s suitability as a member of the community (and vice versa), I must therefore judge the case on those grounds. For the purposes of this review I will ask three separate questions: was LordSquishy’s reading of the text reasonable, what is its place in context, and was the overall corrective measure appropriate?

    Lord Squishy explicitly cited Rule 2 (no hateful content or advocacy of violence), the wording of which is sufficiently broad so as to cover a wide swathe of potential expression. It has to be, as what is “hateful” or “advocates harassment or violence” is deeply contextual, the line between harmless misanthropy and more alarming hateful content is thin. The difference can simply be the insistence and consistency with which the outrageous is spoken.

    I agree with LordSquishy’s reading of “Legend of Illumanist Madoka” as a hateful text that cannot be reconciled with the values of Sufficient Velocity. It is true that no one particular instant could justify immediate action on its own but works form a whole narrative. Every single one of its 35 long multi-part chapters, not counting side material, is relentless and openly supportive of what can only be described as atavistic interest in regular atrocity and voyeuristic pleasure in general misery. The sheer volume has made it overwhelmingly clear that the outrageous actions described are ethically correct in the narrative’s moral universe. It is simply not credible that the author failed to notice his own words. Whatever eventual thematic turnaround John Smith claims to have planned is immaterial as it is nowhere foreshadowed or indicated by subtext. The enormity of the text so far must stand for itself.

    I must also agree with LordSquishy that there has been little particular change between what John Smith writes now and what he wrote previously. Admittedly, the body of evidence here is somewhat thin because John Smith’s engagement with the forum outside of his own works is limited to advertising them in unrelated threads (itself problematic) and a few votes in other Quests. However, that is from my perspective, further confirmation that if allowed to do so he will continue to publish works with of the same type as “Legend of Illumanist Madoka” and “Sid Meier's Puella Duces Civ V Magica”, as that appears to be his sole interest in the forum.

    However, while there is sufficient case to put a moratorium on the further publication of any story material, I have misgivings about banning a user entirely on those grounds. If the object of Staff action here is simply to prevent the further publication of objectionable material then the current scheme is without a doubt gross overkill. John Smith’s interaction with the forum outside of his own works is inoffensive and unexceptional. The Directors have expressed some hope that John Smith can eventually reintegrate with time; a two year general ban seems rather opposed to that design.

    Therefore I will reduce the 2 Year Suspension to a 2 Year Subforum ban in User Fiction and Quests.
    Suspension Reduced If you would like to refer this appeal to Tribunal Review, please tag the Community Council.
     
  5. BeaconHill

    BeaconHill The Age of New Stars Advocate

    @John Smith would prefer to take this to Tribunal.

    Would it be possible to have slightly more time to come up with a Tribunal argument, though? I work during the week, and I'm fairly busy aside from that, so I'd appreciate it if I were able to wait until next weekend to submit that.
     
  6. After a brief consultation with the other members of the Staff, we have agreed that we think it is appropriate that this matter go before the Tribunal and be reviewed by the @Council.
     
  7. foamy

    foamy Lying liar who lies. Executive Director

    @Council:

    @LordSquishy and @Ford Perfect have made me the manager for this Tribunal. Given that both @John Smith and the Staff wish to proceed to Tribunal, I am electing to skip the @Council certification step and bring this matter to you directly. I will move this thread into the Tribunal Deliberations forum once all the preliminaries, such as the preparation of Tribunal arguments, are done.

    @BeaconHill: Certainly. You have until one week today to prepare your statement.

    @LordSquishy: I am going to want from the Staff a statement of the rationale behind a Tribunal review from the staff's perspective. As with @BeaconHill, I'd like to have it done within a week.
     
  8. The Staff’s position on Rule 2 has already been established in this thread. Rule 2 prohibits hate. It was specifically created out of an amalgam of prior rules designed to combat everything from circle-jerk threads about carpet-bombing mecca to people debating the merits of raping fictional teenagers. A thread which is nothing but a circle-jerk about nuclear genocide and fifteen-year-old girls being slaughtered in industrial presses or raped in concentration camps touches, to some degree or another, on nearly every facet of the rule.

    It is not what we intend to host on Sufficient Velocity, and we will not permit it here.

    Ford and I originally decided that John Smith should be banned from Sufficient Velocity for two years. This is not a decision that we made lightly. It was made on the basis of the thread at issue here, yes, but by its very nature, it was a decision that needed to take into context the poster we are dealing with, as well.

    In the fifteen months on Sufficient Velocity before he received this ban, John Smith created three threads in total. The first thread was an elaborate revenge fantasy that involved the violent rape of a fifteen-year-old girl; the second thread was an elaborate revenge fantasy that involved nuclear genocide and fifteen-year-old girls in concentration camps; and the third thread was a thread to ask about why the second thread was locked.

    Being banned is not like going to jail. The purpose of jail is to strip a person wholly of their freedom. They are told what to eat, what to wear, when to go to the bathroom, when to sleep, and when not to sleep. It is one of the most degrading and inhumane things that can be done to a person. Execution is similar. Execution is the total removal of a person’s freedom: their freedom to live, and through that life to make their own choices.

    Being banned is not like either of those things. When you are politely asked to leave a restaurant or a movie theatre, you are left with a surfeit of choice of other establishments you may patronize. Far from being stripped of choice, a single, specific choice has been denied to you. Being banned does not remove you from the Internet. It politely, but firmly, denies you entry to a single private island on the enormous sea of worlds that is the Internet.

    When you are banned on the internet, you are not dead in real life. You have simply sufficiently aggravated your friends that they no longer want to hang out with you, and you must find something else to do with your time.

    When we decide what kind of ban is appropriate for someone who has broken the rules – whether that ban will be a day, or a week, or a year, or indefinitely – there are four relevant factors.

    First, we want to stop the specific behavior that is against the rules.

    Second, we want to deter others from behaving in the same way in the future;

    Third, we want to send a message about the level of severity and impropriety of the behavior;

    Fourth, we, acknowledging that this is a place staffed by volunteers, want to ensure that troublemaking behavior in general is kept to a minimum.

    In John Smith’s case, we are faced with a poster whose main presence on Sufficient Velocity was to write and present stories that are against the rules. This was not a case of a single isolated incident. He had already been warned, and taken a one-month ban, for his first thread. His second thread was lengthy and quite frankly equally disturbing – and equally far across the line of appropriate behavior.

    In short, our response must take into account that this poster has demonstrated that a warning, even a significant one, will not change his behavior, and that we have clearly not done enough to communicate how severely inappropriate this behavior, and behavior like it, is.

    Ultimately, the fact that we seek to ensure a minimum level of due process does not really change what Sufficient Velocity is. It is a private webforum to which our Staff donate their time and our users donate their effort and attention. Our response must take into account the great disservice that repeatedly violating the rules does to everyone on Sufficient Velocity who does follow the rules. These people are the ones who are most negatively impacted by this kind of behavior.

    It is not our desire, nor is it our intention, to chase after problematic posters and repeatedly slap them on the wrist after each infraction in the hopes that they will, eventually, mend their ways. We have neither the time nor the effort to spare. When someone on Sufficient Velocity demonstrates that they cannot participate in our community without a minder, it is time for them to find somewhere else to post.

    Your review may, of course, suggest whatever punishment you feel is appropriate. You may decide that the more narrow ban suggested by @100thlurker is appropriate, given that up until his ban here, John Smith had really posted nowhere else on Sufficient Velocity and this gives him the opportunity to demonstrate that he can behave appropriately in a different setting. In the context of the threads he has made since 100thlurker's decision, on the other hand, you may think that the broader ban originally implemented is more proper, or you may, of course, attempt to craft some other remedy. That choice is up to you.

    In this context, though, I would submit that a two-year ban is generous. It removes from Sufficient Velocity for a lengthy period a poster who has shown no inclination to change, but it gives him a chance to do so. It sends an undeniable message that this behavior will not be tolerated, and that you cannot compartmentalize yourself anywhere on Sufficient Velocity. Bad behavior is not acceptable simply because it is restricted to one part of the forum.

    And ultimately, it gives John Smith a chance to redeem himself. Ford Prefect, who has a great deal more faith in the goodness of the human soul than I do, believes that John Smith can change. He believes that in time, he can come to accept, if not our moral stance on what is and is not acceptable, our rules about what is and is not acceptable. And if that happens, he is welcome to return to Sufficient Velocity.
     
  9. foamy

    foamy Lying liar who lies. Executive Director

    @BeaconHill, just a reminder that there's one day left.
     
  10. BeaconHill

    BeaconHill The Age of New Stars Advocate

    I'm aware. Sorry, but Tribunal arguments take me a while. I have 1400 words right now, although I hope to edit a lot of that back down again; I'm planning to finish the first draft before dinner, and then post the second draft after John Smith has had a chance to look at it.
     
  11. BeaconHill

    BeaconHill The Age of New Stars Advocate

    Introduction

    I am an advocate, filing an appeal on the behalf of @John Smith regarding the Legend of the Illuminatist Madoka (LotIM) quest. LordSquishy locked its thread and banned John Smith for two years, over alleged Rule 2 violations for hateful content. 100thlurker subsequently reduced the ban to a subforum ban from Quests and User Fiction only. John Smith and I are appealing to have the threads unlocked and the ban entirely overturned.

    LordSquishy and the staff are still, almost a month into the appeals process, unable to point to any part of LotIM that is definitively violating. Instead, he and 100thlurker cite an intangible "narrative" in which bad people are congratulated for their misdeeds. There are indeed bad people in LotIM, and they do congratulate each other on their misdeeds – but the staff seems to have missed that these are the villains. Far from the celebrated heroes of the work, the Illuminati are roundly bashed any time anybody else has the point of view. The staff alleges that the message of LotIM is one of support for atrocities – but, in fact, it is quite the opposite.

    While LotIM is plainly non-violating, special attention must be given to how incredibly excessive LordSquishy's proposed punishments are. Far from the scofflaw LordSquishy describes, John Smith is an user with zero unexpired infraction points and a history of improvement. Giving two years out of the blue to someone like that is frankly ridiculous.

    LotIM Does Not Contain Hateful Content Under Rule 2
    Not All Of The Staff's Allegations Are Correct

    I need to point out one particular claim LordSquishy made. He alleges that, in LotIM, girls are "raped in concentration camps." This simply doesn't appear in LotIM, and John Smith and I are frankly mystified as to where LordSquishy got the idea that it did. We would appreciate it if LordSquishy could either provide a citation or withdraw the claim.

    Rule 2 Sets A High Bar For Fiction

    The staff has argued that Rule 2 must be read as broadly as possible, that it is a sweeping rule that makes no exceptions for fiction or art. To do so, they have focused primarily on the first line of Rule Two:

    They have generally ignored the last line:

    Contrary to the staff's claims of vagueness, for fictional and historical people (like everyone featured in LotIM) Rule 2 is quite specific. To fail Rule 2, fiction must be hateful or advocate harassment or violence, and be unnecessarily tasteless or unnecessarily offensive. Moreover, the rule explicitly states that it is "relaxed" in circumstances exactly like those in this case.

    We believe that the broad and expansive scope that the staff claims for Rule 2 cannot be supported by an ordinary, diligent reading of the Community Compact in this case, or in any case regarding fiction or historical fiction.

    Compared To Other Fiction, LotIM Is Not Especially Dark

    Perhaps the most natural piece of fiction to compare LotIM to is Puella Magi Madoka Magica, the anime it is based on. I imagine that most of the Council is familiar with it. Those of you who are will know that it is in fact a dark and distressing work, and that even things that LordSquishy cited as harmless – that young girls "might make bad wishes," as Squishy said derisively – can in fact be quite terrifying. Madoka abuses and mistreats its characters in disturbing ways, more so than LotIM's arms-length view allows for. And yet Madoka's death toll is still significantly larger than LotIM's. (invisible spoiler) In Madoka, the title character destroys the world at least twice. The last time this happens, the viewer is invited to watch from a vantage point in outer space as the surface of the earth is devastated; the protagonist's voice is heard giggling amidst the destruction. Yes, Madoka does become hopeful in its ending – but LordSquishy proposes denying LotIM not only its ending but its middle.

    LotIM also draws from the broader corpus of Illuminati fiction. The Illuminati, long the subject of conspiracy theories, are generally depicted as an evil conspiracy out to shape the world according to its secret plan. In fiction, they are frequently found committing atrocities in service of their master plan. LordSquishy considered the idea that the Illuminati secretly orchestrated the murder of the Romanov dynasty to be shocking and beyond the pale, but in fact this sort of thing is practically obligatory in Illuminati fiction – the idea that they were secretly responsible for some world calamity is spread far and wide through the genre. Indeed, the murder of the Romanov dynasty is comparatively mild, given the sorts of things the Illuminati gets up to in other works. For a familiar example, consider Deus Ex, the classic videogame, in which the opening cutscene deals with an Illuminati splinter organization's plot to extort the world with a bioengineered plague and its antidote.

    There simply isn't any exceptional content in LotIM, from the perspective of Rule 2. Its content is in line with the works it is based on, works with thriving fanbases and broad support on Sufficient Velocity. It can't be supported by an ordinary and diligent reading of the Community Compact that the frankly rather tame events of the story violate Rule 2 as it is relaxed for fiction.

    LotIM Does Not Advocate For Its Villains' World View
    LotIM's Tone And Seeming "Motivation" Are A Result Of Its Villainous Point Of View

    It's already been established that LotIM is not particularly dark, especially compared to its source works. However, the staff alleges that it is "openly supportive of what can only be described as atavistic interest in regular atrocity and voyeuristic pleasure in general misery" – in plain English, they object to LotIM not because of its content alone, but because they feel that the quest seeks to encourage or promote the darker aspects of that content.

    This is, of course, not true. Instead, LordSquishy and 100thlurker appear to have become confused by a standard literary device: Legend of the Illuminatist Madoka is currently shown from the perspective of its villains.

    The Illuminati appear in many works of fiction. They are almost always on the side of evil, and LotIM is not an exception. Yes, the Illuminati themselves believe they are doing the right thing. Of course they do. A world where the villains all know they're villains and never seek to justify their actions would be almost cartoonishly simplistic, and the idea that the rules would demand this out of fiction is shocking.

    While LotIM generally tries to be subtle, it's certainly poked some fun at this before. Side Story #089 is a rather blatant sendup of another work with villain protagonists – this one, a famous comedy sketch.

    When LotIM Adopts Other Points Of View, The Illuminati Are The Obvious Villains

    As an example, let's take a chapter LordSquishy has referred to as especially vile: Side Story #039, dealing with the historical murder of the Romanov dynasty. While the murders happened in the real world, in the universe of LotIM they were committed by the Illuminati in order to prevent their young daughters from potentially making a wish to bring back the monarchy. LordSquishy read that chapter and was shocked by how vile the Illuminati were; a significant part of his argument to the Magistrate focused on that vileness. I imagine that most readers would be shocked in much the same way. Yet, somehow, it didn't occur to him that this was the intended reaction.

    Unlike most of LotIM, the chapter trades off between the point of view of various Illuminati members, and the point of view of one of their innocent victims, Anastasia Romanov. And, yes, there is quite a lot of bragging in the former point of view, a lot of Illuminati Tough Guy-ing about how it was all necessary. From Anastasia's point of view, however, it is blindingly obvious that they are all deluded. Anastasia is a young girl, and shockingly mature; despite her family having been deposed and then arrested by the Communists, she still has a nuanced and merciful understanding of their motivations, and does not want them hurt. This hope is betrayed when those Communists murder her. But, even then, she does not wish for revenge or for the restoration of the monarchy. Had she not been murdered, she would have wished simply to live.

    There is no way to read the chapter LordSquishy and I cited and come out rooting for the Illuminati. It certainly didn't have that effect on LordSquishy. Yet, somehow, he presumed that it was meant to be read exactly the opposite from the way he himself read it, and from the way any reasonable human being would read it. 100thlurker claims that "whatever eventual thematic turnaround John Smith claims to have planned is immaterial as it is nowhere foreshadowed or indicated by subtext." This is absurd. Evidence of authorial intent abounds, and it's nowhere easier to see than in the way LordSquishy and 100thlurker themselves reacted to the chapter.

    While I'd hate to make this argument any longer than it already is, I must point out that this isn't the only side story with this dynamic. Side Story #046 and Side Story #048 are very similar in their indictments of the Illuminati from the point of view of a normal person.

    The Primary Point of View of LotIM Will Change In The Future

    I believe it's worth noting that the Illuminati will not remain the point of view for LotIM forever. At some point, the point of view will switch to a different character, a girl like Anastasia Romanov, another of the Illuminati's innocent victims. There the point of view will stay until the end of the series, as the Illuminati's mess is cleaned up.

    LotIM Should Not Be Judged By The Ideals Of Its Villains

    LordSquishy has a lot to say on how to handle works with villain protagonists like LotIM. Indeed, in his first argument he actually calls out the specific technique in use – "conveying through dedication to a specific cause that the cause is problematic" – as acceptable on Sufficient Velocity.

    It is not supported by an ordinary and diligent reading of the Compact – to say nothing of the things LordSquishy has said – that a work's hatefulness under Rule 2 should be judged by the ideals of villains it is clearly dedicated to discrediting, even if they are the point of view characters.

    These Allegations Ignore John Smith's Past Year
    The Staff Are Unable To Look Past John Smith's Older Work

    A year and a half ago, John Smith posted another piece of fanfiction, this one named Sid Meier's Puella Duces Civ V Magica. We agree that it was in violation of the rules. John Smith has admitted that the series was intended to troll, both privately and in public, and he has in fact apologized for it. But that piece of fiction was infracted long ago; his ban ended more than a year previous. By the time LotIM was first posted, even the infraction points had expired.

    Put simply, it's time for the staff to let Puella Duces go. The fact that John Smith has had problems in the past does not mean that every new work of fiction he writes must be subjected to the least charitable possible reading. LotIM practically bonks the reader over the head with the knowledge that the Illuminati are bad people with unconscionable methods. But, because it's rarely explicitly stated and usually left implicit, LordSquishy and 100thlurker seek to shove that under the rug, in favor of rehashing their opinions of Puella Duces. This isn't reasonable or fair.

    John Smith Has Successfully Changed His Behavior In The Past

    The staff argues that LotIM is a continuation of a pattern that started with Sid Meier's Puella Duces Civ V Magica. We agree that this work was indeed violating, and was correctly infracted a year and a half ago. However, there's something you should notice about Puella Duces' violations: they are not at all subtle. In fact, Puella Duces even contains a thesis statement of awfulness which LordSquishy has so helpfully cited for us already. If someone were to ask for examples of its violating content, they would not at all be hard to find.

    Although the staff claims that LotIM is just as violating as Puella Duces, the fact that they were unable to point to a single specific violating thing within LoTIM would certainly indicate that LotIM must necessarily be much closer to the line than Puella Duces was, and that the flagrant and unsubtle rule violation has ended. Even if you do still for some reason think that LotIM is violating, surely you can agree that there is significant improvement between the two series.

    Whatever your decision, you should predicate it on the fact that John Smith has acknowledged his past misbehavior and improved on it tremendously.

    LordSquishy's Proposed Punishment Is Incredibly Excessive

    Though of course the staff's allegations are incorrect and Legend of the Illuminatist Madoka is entirely non-violating, it is worth pointing out that LordSquishy's proposed punishment would not be appropriate even if the staff's allegations actually were true.

    LordSquishy claims that John Smith's "main presence on Sufficient Velocity was to write and present stories that are against the rules." As 100thlurker observes, this is exactly the situation for which subforum bans are intended. If an user is irresponsible in one area of the forum, but has not exhibited misbehavior elsewhere, a subforum ban is the most appropriate tool for correcting the problem, and a total forum ban would be substantially excessive under the circumstances.

    In his argument, LordSquishy seeks to beat around the bush a little bit, pontificating on the nature of being banned, on the pros and cons of due process, and on the principles behind their decisionmaking. But, ultimately, it's all for nothing; the world LordSquishy describes, in which LotIM is Illuminati propaganda, John Smith is running rampant, and the moderators would be overwhelmed if decisive action were not taken now, is almost completely unlike the case in front of you.

    John Smith has no unexpired infraction points. I wouldn't want to get sidetracked by the nature of a repeat offender, wherein John Smith's reputation on its own is enough to reasonably suspect misbehavior, but I'd like to imagine that it involves repeat offenses – that is to say, more than the one offense John Smith has ever before committed. Similarly, though there may come a point where an user is too taxing for the moderators to handle, I would hope that this point is farther out than the two times John Smith has ever come to their attention. Far from representing an escalating pattern of abuses, LotIM is certainly no Puella Duces; it's hard to call it anything but a significant improvement.

    It is substantially excessive under the circumstances to escalate immediately to any form of discipline lasting two years, whether a whole-site ban or a subforum ban, for a poster with no unexpired infraction points, only one prior offense, and a strong history of past improvement after discipline.

    (Fun fact: founded in April 2014, Sufficient Velocity has not actually existed for two years. Keep that in mind when considering how severe of a punishment this is.)

    Conclusion

    Legend of the Illuminatist Madoka is a story about a conspiracy going vastly too far. But, even as the world burns down around its villain protagonists, the staff is unwilling to recognize that the purpose of LotIM isn't to celebrate the fire. The text of LotIM is clear: these men are villains, and what they do is not okay. Instead of recognizing that, however, the staff seeks to flash back to John Smith's 2014 infraction, even though he changed his ways long ago.

    Nothing about LotIM violates Rule 2, and nothing about John Smith suggests that drastic action must be taken to stop him. This entire infraction process represents an incredible overreaction to a quest and to an author that are entirely innocuous if you don't come to them with preconceived images of calamity.

    Since this punishment cannot be supported by an ordinary and diligent reading of the Community Compact, we ask that John Smith's ban be overturned, and the two threads associated with Legend of the Illuminatist Madoka be unlocked.
     
  12. foamy

    foamy Lying liar who lies. Executive Director

    Thank you, @BeaconHill. I've moved this thread to the Deliberations Forum.


    @Council, we're open for business.
     
  13. From the looks of things, it sounds like I'm going to have to read the work in question...
     
  14. foamy

    foamy Lying liar who lies. Executive Director

    @LordSquishy, if you could clear this up?
     
  15. shadenight123

    shadenight123 Thus, Published I Have Councillor

    Location:
    Muse World
    I think I can clear this up myself, having read the work in question.

    In Sidestory#54 Your friendly neighbourhood jackbooted thug we have a baker remarking on
    when speaking with the guards of what are, in all forms and aspects, Concentration Camps.

    Concentration camps for young girls in prebuscent age upwards. Now, the Advocate might make all the claims he wishes that John Smith's past has no bearing within this tribunal, but considering his 'Destroy Madoka' essay, I find myself quite firmly of the belief that the implied meaning is pretty much as intended.

    Course, one might think it's a flimsy thing, but we have Sidestory#51 which came before...

    In Sidestory#51 Suka Blyat Idi Nahui we have the following:
    Of course, Sidestory#54 happens in America and Sidestory#51 happens in Siberia, so normally one wouldn't think they are connected, but the Author of this 'wonderful' Quest is the same. I admit, there is one thing John Smith did in his quest that shows improvement.

    He made it all appear subtle.

    When a random user says 'bad things happened to X', we can all think it's about rocks falling, a wound, hurt. When someone with a history of writing a rape-fic says 'bad things happened to X', we all know what he is implying.

    I have to applaud the criminal mastermind that went behind this quest, because I have honestly never seen such wonders of manipulation both in voting, and in shifting goalposts.

    Convincing the firm opponents of the Illuminati Theory required singular checks that were of laudable ease to pass, and even failure guaranteed at least a second chance, or still a success of sorts (Ends up as Darth Vader after failing a check that should have meant immediate death and vaporization? Oh who would have guessed!). The parts that involved Illuminati fan-gushing could easily reach in the thousands of words, but the core of the gameplay pieces had nice one-liners, perhaps two-liners, as if to enunciate the clear propaganda-like status of the Quest itself.

    Finally, the format of the 'piece' itself. Had he wished to show a deconstruction of the Illuminati Fanwank in such a setting, he would have done it better with a narrative rather than a contrived way of using low-passing checks, trying to shift the blame of the actions on the voters themselves.

    If the Quest itself had been about showing not the 'fire' but the 'evil of the Illuminati', then by all means, please explain why a singular successful check turns an Air Field Marshall from being completely against the plot to outright sleeping with the 'protagonist' of the quest himself.

    'Token resistance' is no resistance at all.

    And do not think I have not noticed the incredible amount of care that went into beautifying the 'world rolls' by hiding the fact that starving prebuscent girls contracted with Kyubey and were then 'brought under control'. How? Never mentioned, but we all know it involved murder.
    Side Story #074 - Sinking
    I know from the knowledge of the Anime itself that a Soul Gem can only be kept nearby the body of the girl in question, otherwise they fall into a catatonic state. The girl is screaming her last breath within a cell, which all but implies how the Hydraulic Presses that have activated are near her. You can weasel out of it, of course, you can claim there is a valid reason that does not involve the slow turning to paste of a living, breathing human being in order to 'crack' both the Soul Gem and the body of the girl in order to prevent Witching, but there is no way you can make me -or anyone else who read through the Quest carefully- believe this is nothing more than a blatantly well-though sociopath-like attempt at 'murdering young girls'.

    The reason this wasn't brought to anyone's attention sooner was because, due to how horrifyingly bad it was, people dropped the quest before it could reach the second page. The vast majority of voting afterwards is left to three-to-four hardcore voters, and even that was not enough to make the quest stop.

    It is blatantly clear that John Smith had a story he wanted to tell, but rather than use narrative, he wanted the voters in order to pin the blame of what happened on them.

    But hey, let's think for a moment about how some single sentences can be utterly horrifying.

    SHERMAN - CURFEWS ON RURAL FORMER US POPULATION WORKING GENERALLY WELL. US MILITARY BEING REORGANIZED, RESISTANT OFFICERS BEING PURGED. GATHERING CHEMICAL WEAPONS TO SUPPRESS MILITIAS.
    And before you claim the 'chemical weapons' are anything other than the lethal variant, next World Update has: Sherman - ESTIMATE 85% OF MINUTEMEN DEAD. PREVENTING "MAD MAX" NONSENSE FROM HAPPENING PRETTY WELL.
    MEXICA - CLONE* LOST ITS HEAD, TRIED TO SHOOT UP LAB, CURRENTLY UNDER CONTROL. *Clone of a young girl
    AMAZONIUS - LIQUIDATION GOING NICELY. MOST HAVE BEEN INCARCERATED OR SHOT. CAN'T HELP YOU, STILL HAVE A LOT ON MY HANDS.

    Forgive me for being so blunt, but if the mass genocide of most of the world population and the camp labor conditions of minors is not a flat-out hateful advocating of violence upon minors of the female sex, then I am at a loss. Historical people has the rule relaxed because of history, and fictional people have the rule relaxed if there is enough justification for it. Justification, even then, must pass through a set of varying lenses that go from the general care taken into avoiding making it squicky all the way to the way it was 'drawn' within a manga.

    Like, in 'Akame Ga Kill' the first death of the series is a minor, a young girl is killed by the protagonist because she's a psychopath who enjoys torturing/skinning/infecting with violent diseases countryside folks coming to the city for help.

    That would enter the rule 2 and be justified.

    Minors dying from starvation and seeking help and being turned to paste into hydraulic presses definitely does not.

    And making the example with the Canon World being 'devastated' is no diminishing of guilt, but actually an increase of it. In the anime itself, there is no showing of actual people being burned, murdered, their screams of death are not heard. Mami's head is chewed on by a Witch, but even then the senseless carnage and attribution of deaths are always depicted in a somber manner. And definitely not as a mere 'NORMIES GET OUT, YOU HALF-BIT MY TENDIES SINCE YOU ARE STARVING'.

    Definitely not in a sort of megalomaniacal ego-trip. Trying to claim it was due to the 'Pov' of the protagonist merely alters nothing when you take into account how easily those of opposite views are treated.

    Understand this: it is meaningless to claim 'I wanted to depict this as a Deconstruction!' when you make it into a Quest Format and then willfully lower the DC checks to convince other people you were right, or give Buffs to your own 'Charisma' ability in order to pass them with ease.

    It was an intended result.

    It was a product of cunning, and I do give praise for how it was written with the 'show not-show' act in an effort to let the ideas seep through without actually putting them down on paper. Perhaps a future in politics might be the best, but honestly speaking? In all honesty, truly, there is no defense that can be levied.

    Not against this.

    Let me reiterate one last time:

    If he had wished to write a deconstruction of Illuminati theories and through a Villain's protagonist scheme, then he had no need for a Quest format. He willfully chose so in order to protect his hide from the skinning that would have happened without a doubt, if not immediately, upon the marvelous plan of 'galactic conquest' which involved the use of super-weapons designed to detonate entire planets.

    Entire planets filled with a warring empire of female-warriors who, of course, conquered and made other nations submit and were perfectly usable as 'antagonistic forces'.

    All the while definitely aiding in making his fetishistic desires of watching young girls burn, die and suffer be made not just real, but also 'authorized' under the guise of quest format.

    So indeed, John Smith has improved.

    He found the wriggle room, and wriggled within it.

    Unfortunately for him, we do not have mere eyes, but also brains.

    Unfortunately for him, I refuse to allow such a blatant act of outright madness to spread.

    If he wants to write about murdering young girls, he is free to come up with his own innovative, original piece of fiction which depicts an evil all-female race of young girls that gets murdered for being depicted as cardboard two-dimensional villains.

    However, he will not do so upon this forum.

    [X] Permaban him
     
  16. MJ12 Commando

    MJ12 Commando Shadow Cabal Barristerminator Councillor

    @BeaconHill, you have this compelling theory about how John Smith actually plans to make things right and the entire problem is that the staff jumped the gun, as it were, on punishing his story, when his plans would lead to the work, in its totality, not being hateful. If true, this would certainly make the staff action less justifiable. But do you have any reliable proof of this assertion?

    I would like to see some proof as to this claim, something other than the appellant's say-so. Because if we go with just say-so being sufficient, nothing outside of an applicant directly admitting they're being hateful would be sufficient-and even that might not be enough. For fairly obvious reasons, I think this is a completely unreasonable stance to take.
     
    Last edited: Jan 18, 2016
  17. Ramenth

    Ramenth Real Estate and Land Use Councillor

    I need time to read the work in question, but, I just wanted to congratulate @BeaconHill on a really well written appeal. I'm not yet convinced that the facts actually convincingly support your argument, but, on a technical level this is extremely well done. Much better than what most of my class managed in Moot Court. Truly nice job.
     
    Last edited: Jan 18, 2016
  18. Ralson

    Ralson Horrible Cat Councillor

    This is an impossible request. If an author's statement about their future work don't meet your standards of evidence, what possibly could?
     
  19. Ramenth

    Ramenth Real Estate and Land Use Councillor

    I think that's kind of the point. I'm still working on my read through, but, I think one of the questions before us is "How far over the line can something go on mere promises that it'll eventually be about why everything over the line is bad."

    A person could, for instance, write a story that's about a Nazi officer loosing faith in the regime and trying to kill Hitler. But a promise that that will happen is a little moot if there'll be three years of praising the Third Reich before the character's viewpoint changes.
     
  20. MJ12 Commando

    MJ12 Commando Shadow Cabal Barristerminator Councillor

    The author has given us no reason that his statements of future intent are trustworthy.

    In fact, given that the first thing he did after @100thlurker reduced his suspension was make another revenge thread against the Incubators, I would say that the author's statements are actively contradicted by current evidence.

    Presumably if John Smith was actually declaring the Illuminati evil or even morally ambiguous there would be some hint of such after multiple months and dozens of pages. Instead as I recall, and @shadenight123 can confirm, the author has gone out of his way to make his quest voters choose options which declare the Illuminati correct.

    If the author claims his work is Spec Ops; the Line, there's only so many civilians you can white phosphorous before one suspects that he's actually writing Hatred.
     
    Last edited: Jan 18, 2016
  21. Ralson

    Ralson Horrible Cat Councillor

    That's when you go "Sorry, but after XYZ, nothing's going to change my mind," rather than "Sorry, but until you come back with that three-headed unicorn, I'm afraid there's nothing I can do." :V

    Anyway. I'll need to give this thing a read before I say more.
     
  22. MJ12 Commando

    MJ12 Commando Shadow Cabal Barristerminator Councillor

    I don't think it's impossible for there to be some proof of John Smith's intentions, just unlikely. He could have had IRC conversations, or planning notes with timestamps on them, or simply an offhanded mention before the infraction that he was doing this, or even in the text itself, some indication that it wasn't hateful because the point was that the bad guys were evil and you should not like them.

    I wanted to ask this because it's unlikely that Smith has the evidence desired, but if Smith has it I think it'd be hugely remiss to not give him a chance to show evidence.
     
    Last edited: Jan 18, 2016
  23. Just to bring this up, but permaban or not is not the only answer. Keeping the reduction is also an option since the sin was writing something, I think, that certainly went places highly uncomfortable.

    I cannot say I will be happy to do so... But I'll have to agree with Ralson that I'll have to check his work myself as well first.
     
  24. Ford Prefect

    Ford Prefect What is Project Zohar? Director

    I feel like I should highlight the fact that the staff are not pursuing a permanent ban. Instead, we leveled a two year ban. This is, of course, a very long time, but I just wanted everyone to be clear on what we have done.
     
  25. shadenight123

    shadenight123 Thus, Published I Have Councillor

    Location:
    Muse World
    Better specify it then. When I said 'Permaban Him' I meant by following through with the two years ban proposed as the starting punishment rather than merely a subforum ban.
     
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