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HelloMiners Forum Reporting Banned from HelloMiners? Ban Appeal. Forsals/DeveloperNova


Ban Appeal. Forsals/DeveloperNova

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Re: Ban Appeal. Forsals/DeveloperNova

Postby fluffythebunnyx » Sun Jun 30, 2019 12:19 am

~Bloom wrote:
No, but sexually suggestive language towards a minor can be brought up within many countries as a breach of the law.



even between two consenting minors? i dont think any country would actually care, neither should staff. This is like meeting someone at school, then you two going back home to one of your bedrooms/private space and talking about something hardly sexual but your mum is stood listening at the door and instead of telling you to stfu they tell your school and tell them to expell you.
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Re: Ban Appeal. Forsals/DeveloperNova

Postby ZeekHM » Sun Jun 30, 2019 1:23 am

Christ sakes people, lets relax. My honest, untrolling opinion is its been 11 months since this guy has been banned for, dare i say, a controversial and somewhat unfair reason. The true context of his language may not be known to the public, but for all we know it could have been a mistake that we all make in our lifetime. I've had similar mistakes like this in the past.

The staff recorded a call, probably without stating their intentions to. As it was a group call, they most likely violated both One-party and two-party consent laws. A popular misinterpretation of one-party consent is that the recording can take place when the recorder themselves agrees to, this is false. One-party consent law requires one SEPARATE, current participant in the conversation at hand to agree for it to be recorded. Two party consent law requires two or both participants. This is considered a criminal offense in almost every state, and can lead to serious charges. This is not meant to be used as a way to get back at the staff, but keep it in the back of your head that they *probably* weren't even supposed to record it anyways.

Towards the topic of said conversation (Which I have not seen, but get the gist of), come on guys. We've all had a conversation with people about not-so-nice stuff, including sexual. Even then, most "gamer" discorders have talked to minors about stuff like this, such as I. Sure, its considered a "criminal offense" but is it really that insane? Unless something really bad happens, e.g assault or doxxing, there is no need to panic about the conversation. Discord themselves says their a private company and private communications, meaning they probably dont have any legal accessible logs.

About this whole server thing, i dont know. The discord server is probably gone, but I believe separate discord servers should not be considered "hm-related" if they have hellominers discord members in them. That's like saying a meeting is related to america as there are americans in the room.

lets just let this man go, and keep a watch on him if he's that bad. Besides, he would be a good participant in the labor for unban concept ;).

Some citations:

https://recordinglaw.com/party-two-part ... nt-states/
https://recordinglaw.com/united-states- ... nt-states/

Because the discord server is hosted in the california (as most servers are), it falls under two-party consent laws.

Do reply, staff, if there was a member who agreed for it to be recorded.
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Re: Ban Appeal. Forsals/DeveloperNova

Postby DR_StevenStrange » Sun Jun 30, 2019 1:52 am

According to this ban appealhttps://www.hellominers.com/viewtopic.php?f=282&t=34469, you said you hadnt changed, then just over a month later, you say you have changed and make another ban appeal. My question is if you really have changed or if you are lying just to get back onto the server. Your previous history supports your statements on your previous appeal. Also a link to join the discord the call was taking place in was posted multiple times in general chat on HM, that is why staff got involved and took action. I'm not trying to put you down or upset anyone, I'm only stating the facts that we have up to this point.
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Re: Ban Appeal. Forsals/DeveloperNova

Postby DR_StevenStrange » Sun Jun 30, 2019 1:54 am

ZeekHM wrote:Christ sakes people, lets relax. My honest, untrolling opinion is its been 11 months since this guy has been banned for, dare i say, a controversial and somewhat unfair reason. The true context of his language may not be known to the public, but for all we know it could have been a mistake that we all make in our lifetime. I've had similar mistakes like this in the past.

The staff recorded a call, probably without stating their intentions to. As it was a group call, they most likely violated both One-party and two-party consent laws. A popular misinterpretation of one-party consent is that the recording can take place when the recorder themselves agrees to, this is false. One-party consent law requires one SEPARATE, current participant in the conversation at hand to agree for it to be recorded. Two party consent law requires two or both participants. This is considered a criminal offense in almost every state, and can lead to serious charges. This is not meant to be used as a way to get back at the staff, but keep it in the back of your head that they *probably* weren't even supposed to record it anyways.

Towards the topic of said conversation (Which I have not seen, but get the gist of), come on guys. We've all had a conversation with people about not-so-nice stuff, including sexual. Even then, most "gamer" discorders have talked to minors about stuff like this, such as I. Sure, its considered a "criminal offense" but is it really that insane? Unless something really bad happens, e.g assault or doxxing, there is no need to panic about the conversation. Discord themselves says their a private company and private communications, meaning they probably dont have any legal accessible logs.

About this whole server thing, i dont know. The discord server is probably gone, but I believe separate discord servers should not be considered "hm-related" if they have hellominers discord members in them. That's like saying a meeting is related to america as there are americans in the room.

lets just let this man go, and keep a watch on him if he's that bad. Besides, he would be a good participant in the labor for unban concept ;).

Some citations:

https://recordinglaw.com/party-two-part ... nt-states/
https://recordinglaw.com/united-states- ... nt-states/

Because the discord server is hosted in the california (as most servers are), it falls under two-party consent laws.

Do reply, staff, if there was a member who agreed for it to be recorded.

Consent laws only work for phone calls and in person conversations, this conversation took place over the internet, something which many governments dont regulate nor enforce laws on.
Mob maker since October 2017

Re: Ban Appeal. Forsals/DeveloperNova

Postby hmslanders » Sun Jun 30, 2019 2:07 am

DR_StevenStrange wrote:According to this ban appealhttps://www.hellominers.com/viewtopic.php?f=282&t=34469, you said you hadnt changed, then just over a month later, you say you have changed and make another ban appeal. My question is if you really have changed or if you are lying just to get back onto the server. Your previous history supports your statements on your previous appeal. Also a link to join the discord the call was taking place in was posted multiple times in general chat on HM, that is why staff got involved and took action. I'm not trying to put you down or upset anyone, I'm only stating the facts that we have up to this point.


If you read my post I said my change of opinion came after talking to someone that was in the call and finally getting their truthful opinion after all this time. Thought me and the user are still friends there was just some things I never knew and after finding them out I had a change of an opinion. Sorry I didn't make that more clear in my post.

Re: Ban Appeal. Forsals/DeveloperNova

Postby ~Doodle » Sun Jun 30, 2019 9:18 am

~Bloom wrote:
Somfic wrote:
~Bloom wrote:Staff members reserve the right to intervene on said conversations if they are affiliated in any way with hellominers. This was the case as players there were part of said community, thus making your call an extension as an external way of speaking with one another. Staff members may exercise their rights here and force punishments.


So if i were to create a server with friends that i happened to have made on HM and get in a call with them, hm staff would be authorized to enforce their rules and ban me if i did something that was against hm rules on my own server?


No, but sexually suggestive language towards a minor can be brought up within many countries as a breach of the law. The chat was linked closely with the game and was reported. The staff did what was necessary to safeguard the community against threats such as the one we've encountered today.


Sorry, "the chat was linked closely with the game and was reported". Bloom, no disrespect but that's the biggest load of shite I've ever heard. We were all friends prior to the call and the group was made so we could all talk. The fact we have all played on HM doesn't mean it's HM related. The content of the call also doesn't matter as it's on a different platform to any affiliated HM servers. Secondly, it was reported by the same person who we invited on, who went on mute and then recorded all of us without knowlage or permission. That is against the law and is actually a violation of human rights. I would know this as I was planning an essay on how China's survalence system is a violation of human rights. This doesn't make what staff did ok.
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Re: Ban Appeal. Forsals/DeveloperNova

Postby ~Satan » Sun Jun 30, 2019 9:34 am

fluffythebunnyx wrote:
~Bloom wrote:
No, but sexually suggestive language towards a minor can be brought up within many countries as a breach of the law.



even between two consenting minors? i dont think any country would actually care, neither should staff. This is like meeting someone at school, then you two going back home to one of your bedrooms/private space and talking about something hardly sexual but your mum is stood listening at the door and instead of telling you to stfu they tell your school and tell them to expell you.


There is no such a thing as consenting minors. Consent can only be given by adults.
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Re: Ban Appeal. Forsals/DeveloperNova

Postby Adware » Sun Jun 30, 2019 9:58 am

DR_StevenStrange wrote:
ZeekHM wrote:Christ sakes people, lets relax. My honest, untrolling opinion is its been 11 months since this guy has been banned for, dare i say, a controversial and somewhat unfair reason. The true context of his language may not be known to the public, but for all we know it could have been a mistake that we all make in our lifetime. I've had similar mistakes like this in the past.

The staff recorded a call, probably without stating their intentions to. As it was a group call, they most likely violated both One-party and two-party consent laws. A popular misinterpretation of one-party consent is that the recording can take place when the recorder themselves agrees to, this is false. One-party consent law requires one SEPARATE, current participant in the conversation at hand to agree for it to be recorded. Two party consent law requires two or both participants. This is considered a criminal offense in almost every state, and can lead to serious charges. This is not meant to be used as a way to get back at the staff, but keep it in the back of your head that they *probably* weren't even supposed to record it anyways.

Towards the topic of said conversation (Which I have not seen, but get the gist of), come on guys. We've all had a conversation with people about not-so-nice stuff, including sexual. Even then, most "gamer" discorders have talked to minors about stuff like this, such as I. Sure, its considered a "criminal offense" but is it really that insane? Unless something really bad happens, e.g assault or doxxing, there is no need to panic about the conversation. Discord themselves says their a private company and private communications, meaning they probably dont have any legal accessible logs.

About this whole server thing, i dont know. The discord server is probably gone, but I believe separate discord servers should not be considered "hm-related" if they have hellominers discord members in them. That's like saying a meeting is related to america as there are americans in the room.

lets just let this man go, and keep a watch on him if he's that bad. Besides, he would be a good participant in the labor for unban concept ;).

Some citations:

https://recordinglaw.com/party-two-part ... nt-states/
https://recordinglaw.com/united-states- ... nt-states/

Because the discord server is hosted in the california (as most servers are), it falls under two-party consent laws.

Do reply, staff, if there was a member who agreed for it to be recorded.

Consent laws only work for phone calls and in person conversations, this conversation took place over the internet, something which many governments dont regulate nor enforce laws on.

It's very hard for a government to regulate any of this on the internet, since most of the internet is international and every country has their own laws. It all gets very confusing which is why governments generally don't do this.
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Re: Ban Appeal. Forsals/DeveloperNova

Postby fluffythebunnyx » Sun Jun 30, 2019 2:36 pm

~Satan wrote:
fluffythebunnyx wrote:
~Bloom wrote:
No, but sexually suggestive language towards a minor can be brought up within many countries as a breach of the law.



even between two consenting minors? i dont think any country would actually care, neither should staff. This is like meeting someone at school, then you two going back home to one of your bedrooms/private space and talking about something hardly sexual but your mum is stood listening at the door and instead of telling you to stfu they tell your school and tell them to expell you.


There is no such a thing as consenting minors. Consent can only be given by adults.



i meant as in 2 kids who both wanted to be there. im not talking about them like shagging
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Re: Ban Appeal. Forsals/DeveloperNova

Postby Gerhard » Sun Jun 30, 2019 2:41 pm

Everyone saying that them being recorded without permission is fully legal clearly has not read up on the law. I've seen many of people get into trouble for recording conversations in Skype calls or any other platform, not just with a phone. If the users did not give that one permission to record them, if they wanted to they could very well sue the hell out of them, for slander or whatever other reason they see fit.
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