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Re: Re: Kit does some homework and speaks

Posted By: Chase
Date: Monday, 21 May 2007, at 2:46 a.m.

In Response To: Re: Kit does some homework and speaks (Stick)

Yeah, according to the service agreements, these sites can technically do just about anything they want. Notice it doesn't say they have to prove anything. They explicitly state that everything is at their "sole discretion," so they can "deem" that that wrongdoing has been committed by whatever standard they wish, and that can fall far short of hard evidence.

In this, I think Kit is wrong when he says, "What they most certainly do not have the right to do is to confiscate a player's money without very hard evidence of wrongdoing, as they did in the cases of Erik and Dave." They probably do have that right, according to the service agreement. Having the right doesn't make it right, of course, and businesses (normally) run a risk when they cross the bounds of accepted fairness, regardless of what the small print says.

It's heartening to know that Kit is persuing this, but it's not clear to me what measurable outcome he is seeking. He posted the service agreement. Is he looking for a change in the wording of this agreement? That's unlikely, since it was probably written by a team of lawyers, and it's pretty typical of businesses of this type. Not to mention that a change in wording won't guarantee fair treatment of players in the future. If he's looking for a commitment to treat players fairly in the future, he will have to take that on faith, as that's something that is very difficult to police or measure--and there is not always fire where there is smoke. Still, I hope he accomplishes something positive.

If I can speculate a bit as to the motive behind P65's "irrefutable evidence" claim, I suspect it was a well-intentioned (from their standpoint) bluff. I suspect the player did something (likely quite innocent) that triggered some red flags and put his account scrutiny. They likely suspected that some wrongdoing was done or might have been done, but didn't have any way of knowing for sure. So they bluff, claiming to have "irrefutable proof," on the logic that if the guy is guilty, he might just disappear. If they guy persists, eventually they cave and return his money, taking that as "proof" of his innocence.

But who knows?

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