Players banned for cheating.
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@PriorFir4383355_XBL ding ding ding. Most people dont understand that literally most of us dont condone what he said. IF twitch wants to ban him fine. SDS had no reason to ban him. If a Best Buy wants to throw you out, thats fine, but say Xbox banned you for what you did in Best Buy from playing their machines....they can't lol. Again its an awful look, and ultimately he paid the price.
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@ncsauce_MLBTS Was he in their place of business? Was he using their software to spread his misogynistic and degrading views? From the facts as I know them, he was not. He was on twitch. While I applauded the spirit of what SDS did, I do think the legality of the move is dubious.
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@LIONED-33_XBL said in Players banned for cheating.:
@PriorFir4383355_XBL ding ding ding. Most people dont understand that literally most of us dont condone what he said. IF twitch wants to ban him fine. SDS had no reason to ban him. If a Best Buy wants to throw you out, thats fine, but say Xbox banned you for what you did in Best Buy from playing their machines....they can't lol. Again its an awful look, and ultimately he paid the price.
Perhaps initially, but SDS should be quite careful here. They may have crossed a legal line. SDS can bar people from say access to their own vault. But, in this case, SDS went beyond that and used their influence to take adverse action against someone for what is in effect writing a negative review of a company.
There is a federal law, named the Consumer Review Fairness Act (CRFA). It serves to "protect people's ability to share their honest opinions about a business's products, services, or conduct, in any forum, including social media."
The Federal Trade Commission administers the law and so this individual could report SDS to the FTC, or to a state Attorney General, and seek a suit against SDS for taking retaliatory actions to squelch his freedom of speech to question the actions that SDS took. The individual cannot sue in court for violations of the CRFA, but the FTC can bring such a suit via the US Department of Justice, or a state AG can seek an indictment and bring a case before a state court where this person resides.
In my view, SDS crossed a legal Rubicon and made a huge mistake doing so. They could have barred this person from online play options for cheating, but they cannot extend those actions into seeking third party entities to take actions against such people, especially when the perceived offense is merely writing a negative review of a company.
So far in this thread, there has not been any factual details provided to prove that this person cheated. And that's important. If SDS communicated to Twitch information that this person cheated, and he actually did not, then there is also a potential legal case for libel or slander depending on whether the accusations were made in writing or by word.
This is why the right move for a company is to ignore people writing bad reviews about you. Attempting to silence such reviews carries grave legal risks.
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@LHUBison58_XBL said in Players banned for cheating.:
@ncsauce_MLBTS Was he in their place of business? Was he using their software to spread his misogynistic and degrading views? From the facts as I know them, he was not. He was on twitch. While I applauded the spirit of what SDS did, I do think the legality of the move is dubious.
I don’t know who you all are talking about but if someone is playing a game on twitch and spreading a message against SDS morals and twitch has no issues than SDS has every right to permanently ban the guy. He can still say dumb stuff on twitch but he’ll have to play another studios games.
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@theBlindRhino_PSN That’s not legal. Unless they have some clause written in their TOS (which I am admitting to have not read), you can’t ban someone for their speech if they are not using your product to amplify their speech. Nike can’t ban someone from wearing their sneakers because they had them on when they assaulted someone. It doesn’t work that way. I agree with someone else above. SDS may have crossed the line on this one.
And this guy was saying some very rude stuff about Ashley at SDS. I am appalled by what I have read about it. But as Voltaire said, I would be prepared to defend his right to say it. Not sure I’d die for it though. Lol
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@LHUBison58_XBL said in Players banned for cheating.:
@theBlindRhino_PSN That’s not legal. Unless they have some clause written in their TOS (which I am admitting to have not read), you can’t ban someone for their speech if they are not using your product to amplify their speech. Nike can’t ban someone from wearing their sneakers because they had them on when they assaulted someone. It doesn’t work that way. I agree with someone else above. SDS may have crossed the line on this one.
And this guy was saying some very rude stuff about Ashley at SDS. I am appalled by what I have read about it. But as Voltaire said, I would be prepared to defend his right to say it. Not sure I’d die for it though. Lol
Are you a lawyer? They absolutely can ban the person. Free speech is freedom from prosecution. And in this scenario he streamer is using MLBTS as a lure to get viewers.
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@theBlindRhino_PSN You can be such a lovely fellow commentator. No, I’m not a lawyer. I have taught Con Law at a major university so I am well aware of the usage, interpretation and abuse of the first amendment. Not a lawyer mind you, but I’m not some schmuck either. This is dubious ground for SDS. That’s my stance on it, I don’t get on twitch and act like an a$$hat so I don’t need to worry about it.
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@LHUBison58_XBL said in Players banned for cheating.:
@theBlindRhino_PSN You can be such a lovely fellow commentator. No, I’m not a lawyer. I have taught Con Law at a major university so I am well aware of the usage, interpretation and abuse of the first amendment. Not a lawyer mind you, but I’m not some schmuck either. This is dubious ground for SDS. That’s my stance on it, I don’t get on twitch and act like an a$$hat so I don’t need to worry about it.
I don’t watch streamers either. There is one funny guy named Husk that plays war games but it’s been a while.
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In reading the MLB the Show code of conduct this scenario would probably align with “you may not organize hate groups”.
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@LHUBison58_XBL not sure; SDS could invoke that he is using their product in a way that is hurting their brand. If he was streaming another game while making comments about SDS employees, sure that would be questionable. But he’s making money (supposedly) from their product. They can absolutely ban him, and there could be language in Twitch’s ToS about it too.
But in the end, who GAF?
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@LIONED-33_XBL said in Players banned for cheating.:
@Sarge1387_PSN hey I'm good with that. Sad part is i think we will always respectfully disagree. No way SDS or Frostie get deeper publicly than what's already been said.
Hey man as long as it's respectful I've got no issues with different opinions/viewpoints. Doesn't mean spirited debates or constructive convos can't happen.
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Im going to end this conversation how it started. Cheaters never win.
do not cheat, do not trash talk a person who runs a game you are making money off of. Get better at the game without being shady and have fun. Its a game. All summed up to dont be a scum bag. People eventually get what they deserve. -
@SpawnOfDitka_XBL said in Players banned for cheating.:
People eventually get what they deserve.Unless they’re orange.
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@theBlindRhino_PSN in no way shape or form is this post or any conversations on this post political. Lets keep it that way.
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I was enjoying this thread until the dumb orange man comment. Popcorn got stale. Peace
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@Rubbaneck34_XBL tissue?
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@theBlindRhino_PSN No thanks, I have clean hands. Orange man lives rent free in your soul which is super funny. Focus on the game and leave politics out of it.
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Orange Man must mean Cal Ripkin Jr...he didn't get what he deserved in power with his recent card. He'll eventually get the card he deserves which will be a 99 overall.
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OK folks, let's move on from the politics, please and thank you.
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@theBlindRhino_PSN I love rock ‘n roll music. Do you love rock ‘n roll music. I love rock ‘n roll music, baby.
