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Taiko vs SE - UK Law - Data Protection Act (Taiko Wins)Follow

#102 Nov 11 2010 at 8:16 AM Rating: Good
I believe by closed, they mean that they've done all they can for now, and expect SE to comply having responded to their appeal.

It would probably be reopened should SE still not. I should hopefully get something in a few days though. Failing that, I'll spend my birthday filing a court claim.
#103 Nov 11 2010 at 9:46 AM Rating: Good
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Quoted Text
And FYI, not only did SE not release a South Korea version, they black listed the entire IP range of the biggest tier 0 provider in SK from POL servers (but strangely not from the FFXI servers themselves). This would be the equivalent of blacking listing all of Comcast or AT&T / Time Warner in the USA. And when a bunch of us brought it to their attention, their response was "we don't support that region <click>".

Wait.... I am in Korea and yea it wasnt until 2008 or 2009 mid year they banned the IP addresses. But you say if I switch over to LS I can play ffxi in peace? I been using a VPN since they did that but would love to save 300 dollars a year.
#104 Nov 11 2010 at 10:00 PM Rating: Excellent
Tai, you should know that seeing how this pans out is the main reason I come here now.
#105 Nov 12 2010 at 5:53 AM Rating: Good
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1,428 posts
Professor Pachichachi wrote:
Tai, you should know that seeing how this pans out is the main reason I come here now.


same.
#106 Nov 12 2010 at 6:50 AM Rating: Good
Thank you for the interest. I'm expecting something in the post within the next week. Should I not hear by the 22nd, I'll be obtaining court papers for a small claims case.
#107 Nov 12 2010 at 8:35 AM Rating: Decent
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2,890 posts
kimjongil76 wrote:
Quote:
Quoted Text
And FYI, not only did SE not release a South Korea version, they black listed the entire IP range of the biggest tier 0 provider in SK from POL servers (but strangely not from the FFXI servers themselves). This would be the equivalent of blacking listing all of Comcast or AT&T / Time Warner in the USA. And when a bunch of us brought it to their attention, their response was "we don't support that region <click>".

Wait.... I am in Korea and yea it wasnt until 2008 or 2009 mid year they banned the IP addresses. But you say if I switch over to LS I can play ffxi in peace? I been using a VPN since they did that but would love to save 300 dollars a year.


Ahh I remember that. Sucked majorly that weekend when I tried to get on, I had to use a socks5 proxy + WinCap to get it working again. I have since moved and my new apartment is wired with both KT and LG as the provider, I went with LG powercom. Depending on how your internet is wired you might be able to switch to LG or a different provider.
#108 Nov 12 2010 at 7:57 PM Rating: Decent
There's another recorded delivery package at the post office for me. Again, not expecting anything else, so maybe it is the stuff from SE.

Going to collect it in the morning.
#109 Nov 13 2010 at 8:49 AM Rating: Good
Ok, I have some more info.

Not transcripts, as I requested. These have been redacted by SE, which I think was not agreed by the ICO. This is my original request to SE:

Quote:
I write to you to request information held about myself, which I am entitled to under Section 7(1) of The Data Protection Act 1998. The information I would like to have is as follows:

- Transcript of the online conversation with a member of your staff, who referred to their self as GM Negpeg, dated 28th July 2009.
- Details of any warnings placed against my account since creation and any decisions made against my account resulting from these.


I did not get the transcript, as they've redacted it. I'm not sure this was agreed by the ICO, so I'll call them Monday. I did get details about my account though, including that I have two warnings for "harassment". Quotes below:

Quote:
28-01-2006 - GM queue received numerous calls about Taiko using grief tactics to not allow other parties to gain experience. GM arrived in zone and observed Taiko monopolizing every mob in the area by casting spells on each so when another group of players attacked and killed a mob it would not award them experience. GM jailed Taiko and was only going to issue a caution, but Taiko was argumentative and refused to accept responsibility and so was given an official warning.


Quote:
09-11-2007 - Taiko was reported for harassment by several people for making a joke about a tragedy. GM reviewed logs and found evidence of the harassment. GM sent player to jail 6. GM informed player of their harassment violation and issued a Warning for Harassment.


Quote:
Date withheld by SE - Taiko was reported for harassment by {REDACTION}. EUGM reviewed logs and found evidence of the harassment. GM sent player to jail 12 and informed of their harassment violation.


There's no transcripts of my discussion as requested. I'll speak to the ICO about these. However, a few points:

- As far as I'm aware, -ga nuking is not illegal. Nor is it when you arrived somewhere and it was empty, then had a group arrive after. That's what the top quote seems to relate to, and there were plenty of mobs around if my memory is correct.

- SE have not provided evidence of harassment for the second quote. If I've harassed someone, it would've had to have gone over a period of time. The way they're wording it makes it sound as if it's one comment, meant as a joke. The Protection from Harassment Act 1997 states:

Quote:
(1)A person must not pursue a course of conduct—.
(a)which amounts to harassment of another, and.
(b)which he knows or ought to know amounts to harassment of the other..


Therefore, if it is just one line that attracted multiple complaints, the legal definition would not amount to harassment. For those in the UK, think along the lines of a Frankie Boyle style joke. It might be controversial, but it's not harassment.

- Why were they able to provide me with dates for the first two, but not for the final one? Something to hide there.

Harassment also is a pretty big accusation to make if not substantiated.
#110 Nov 13 2010 at 1:09 PM Rating: Good
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2,815 posts
I refer you to my post a couple days ago, predicting they would send it, but censored of valid information.

Their stall games go on... Smash their teeth in.
#111 Nov 13 2010 at 1:16 PM Rating: Good
Quote:
- SE have not provided evidence of harassment for the second quote. If I've harassed someone, it would've had to have gone over a period of time. The way they're wording it makes it sound as if it's one comment, meant as a joke. The Protection from Harassment Act 1997 states:
They don't need to prove anything. The legal definition of harassment is irrelevant, since no one is taking legal action. They used their definition of harassment, and took the appropriate actions based on their rules.
#112 Nov 13 2010 at 1:56 PM Rating: Good
Taiko wrote:
09-11-2007 - Taiko was reported for harassment by several people for making a joke about a tragedy


I laughed at Squenix's wording, and I don't even know what the joke was. (To be fair, though, no relative or close acquaintance of mine was actually in one of the towers at the time...and I'm a horrifically crass individual.)

Seems like they're giving you the ol' run-around. Nail their asses to the wall, for all of our sakes, please.

#113 Nov 13 2010 at 4:03 PM Rating: Decent
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1,428 posts
firefeng wrote:
Taiko wrote:
09-11-2007 - Taiko was reported for harassment by several people for making a joke about a tragedy


I laughed at Squenix's wording, and I don't even know what the joke was. (To be fair, though, no relative or close acquaintance of mine was actually in one of the towers at the time...and I'm a horrifically crass individual.)

Seems like they're giving you the ol' run-around. Nail their asses to the wall, for all of our sakes, please.



Oh wow I did not not pick up on that, I had assumed that because he is European client that the date was Nov 11 2007, but perhaps if the GM that responded was US based then it was Sept 11, or perhaps they have standard for date formats for their billing system.
#114 Nov 13 2010 at 7:27 PM Rating: Decent
The way the dates appear for me on the documents sent are dd/mm/yyyy, so it would be the 9th November.
#115 Nov 13 2010 at 7:29 PM Rating: Excellent
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13,251 posts
You're not allowed to make jokes about Hamlet.
#116 Nov 13 2010 at 7:30 PM Rating: Decent
Baron von Spoonless wrote:
You're not allowed to make jokes about Hamlet.
Well, Hamlet is pretty serious business.
#117 Nov 15 2010 at 3:37 AM Rating: Default
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6,424 posts
TaiStyle wrote:
There's no transcripts of my discussion as requested. I'll speak to the ICO about these. However, a few points:

- As far as I'm aware, -ga nuking is not illegal. Nor is it when you arrived somewhere and it was empty, then had a group arrive after. That's what the top quote seems to relate to, and there were plenty of mobs around if my memory is correct.

- SE have not provided evidence of harassment for the second quote. If I've harassed someone, it would've had to have gone over a period of time. The way they're wording it makes it sound as if it's one comment, meant as a joke. The Protection from Harassment Act 1997 states:

Quote:
(1)A person must not pursue a course of conduct—.
(a)which amounts to harassment of another, and.
(b)which he knows or ought to know amounts to harassment of the other..


Therefore, if it is just one line that attracted multiple complaints, the legal definition would not amount to harassment. For those in the UK, think along the lines of a Frankie Boyle style joke. It might be controversial, but it's not harassment.

- Why were they able to provide me with dates for the first two, but not for the final one? Something to hide there.

Harassment also is a pretty big accusation to make if not substantiated.


So with other words, you got 3 strikes against you for being a moron and you don't even know you are one?

If you use -ga nuking to deny people mobs for the purpose of denying people experience, then it is harassment.
Using 'legal' tactics to do 'illegal' activities does not make it 'legal'.

If you tell a joke so bad and abrassive that multiple people report you for it, it is harassment.
If you intend to act like white racist trash in FFXI, tell people it's an act beforehand. And wth is Frankie Boyle...

SE's word is the law on their servers. If GMs are fed up with your antics and ban you, it's their right to do so. You might argue that denying the holocaust is perfectly acceptable in your White Power **** bandcamp, FFXI is not that place.

The only case you have here is SE keeping this information secret when they are legally bound to disclose it to you, but I honestly don't see why you even want access to it.


TaiStyle, 2009-07-28 18:37:28 wrote:

Logged in today, and was greeted by an SGM.

Taken straight to Mordion Gaol, and accused of harassment of someone I've ignored for the last month because they were a lying *****. Apparently I'd made death threats to them as well >.>

No ban, no warnings, no evidence.


Who's the lying ***** now?
#118 Nov 15 2010 at 6:50 AM Rating: Default
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847 posts
Quote:
There's no transcripts of my discussion as requested. I'll speak to the ICO about these. However, a few points:

- As far as I'm aware, -ga nuking is not illegal. Nor is it when you arrived somewhere and it was empty, then had a group arrive after. That's what the top quote seems to relate to, and there were plenty of mobs around if my memory is correct.

- SE have not provided evidence of harassment for the second quote. If I've harassed someone, it would've had to have gone over a period of time. The way they're wording it makes it sound as if it's one comment, meant as a joke. The Protection from Harassment Act 1997 states:

Quote:
(1)A person must not pursue a course of conduct—.
(a)which amounts to harassment of another, and.
(b)which he knows or ought to know amounts to harassment of the other..


Therefore, if it is just one line that attracted multiple complaints, the legal definition would not amount to harassment. For those in the UK, think along the lines of a Frankie Boyle style joke. It might be controversial, but it's not harassment.

- Why were they able to provide me with dates for the first two, but not for the final one? Something to hide there.

Harassment also is a pretty big accusation to make if not substantiated.


Whether or not it amounts to harassment in the eyes of the law (U.K. Law in this case), it doesn't matter.

The thing that you're missing here is the fact that Final Fantasy XI is tantamount to a private business, with Square Enix as the owners. As a private business, they have every right to boot anyone and everyone out for any reason. While they have posted a set of rules, they are not bound to those rules in terms of kicking anyone out. For example, if they chose to boot every Mithra with a 5a face and has Paladin/Summoner set as the job, they can do so without any legal repercussion. A bit arbitrary, mind you, but they do have the ability.

Having said that, it seems to me that you are nothing but a troll, who is using a law to get back at a company who banned you from a private establishment by requesting information that you probably already should know, and even with said information, there's nothing you can really do to reestablish your presence in said private establishment.

If I were you, I would stop now, stop wasting your time and money (and ICO's time and money), and move on to different things. Might I suggest World of Warcraft, or Everquest, or Final Fantasy XIV?
#119 Nov 15 2010 at 6:57 AM Rating: Decent
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1,089 posts
I do believe a redacted document counts as giving you the requested document. They could redact the whole thing and still be in compliance. Also the info they sent you seems to show you as a douchebag. Why would you willingly make that info public on this forum?


#120 Nov 15 2010 at 10:51 AM Rating: Good
Unfortunately, SE were told to supply the documents without redactions, as the third party data I was already aware of. They failed to do this.

At no stage was I doing it to deny people experience. As I've previously stated, the area I was in had plenty of targets available, and at no stage did the party actually ask me if I'd consider moving. Anything that is not claimed is, in effect, fair game. By that logic, people who nuke SMNBurn pulls in Korroloka are in the wrong, for depriving the group of their exp. However, they're not taken to task over it.

I'm not sure exactly what this joke I've made was that they're deeming harassment. However, I'm known for my dark sense of humour. An example being 1min45 in to this: http://www.youtube.com/watch?v=P2vjOntdLis

I'm not banned, however I was jailed last year for no apparent reason. That was my query with SE, and it's still unanswered. It's not costing me money, and SE have still not complied.
#121 Nov 15 2010 at 5:59 PM Rating: Good
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2,815 posts
When exactly did this turn against the OP? Suddenly people are saying he was being white trash etc, while I still see no evidence of exactly what it was he said or did. Just because the report says he was harassing people, it goes in not nearly enough detail to assume whether it was true or just the story of the GM caller...

I'm just sayin, to the guy calling him a troll, maybe you're the one trolling the thread. This guy seems to be staying pretty cool headed towards your attacks, which makes him look less like the troll here. I'm not sure anymore who's the 'bad guy' now, but I continue to watch the outcome of this tale with interest.
#122 Nov 15 2010 at 6:03 PM Rating: Decent
RattyBatty wrote:
When exactly did this turn against the OP?
When he posted the logs, i believe.

The real answer would be never, since only like 1.5 people did so.

Edited, Nov 15th 2010 7:05pm by ThePsychoticOne
#123 Nov 15 2010 at 7:22 PM Rating: Good
Not sure tbh, but tempted to agree "about the time the logs were posted".

I was actually in the area before that group arrived, -ga nuking as a means of farming some crafting materials. It wasn't a case that I was doing it to be an ***, and SE haven't provided any logs to indicate this either. This would be the reason I've got argumentative with the GM, as I wasn't there as a means of griefing.

As I've also mentioned, the date logs from Square Enix seem to indicate it was the 9th November, and not September 11th. I'm not sure what it was that apparently got people annoyed because SE again haven't released any information. It remains a mystery due to this.

I shall post up any information I do receive, good or bad. I've nothing to hide, as people tend to know what they get with me. I think that SE are maybe trying to cover up a bit too much though, and I'll get to the bottom of it.
#124 Nov 15 2010 at 9:37 PM Rating: Good
Thief's Knife
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15,054 posts
Keylin wrote:
it seems to me that you are nothing but a troll, who is using a law to get back at a company who banned you from a private establishment by requesting information that you probably already should know



Boo-hoo poor, poor SE.
____________________________
Final Fantasy XI 12-14-11 Update wrote:
Adjust the resolution of menus.
The main screen resolution for "FINAL FANTASY XI" is dependent on the "Overlay Graphics Resolution" setting.
If the Overlay Graphics Resolution is set higher than the Menu Resolution, menus will be automatically resized.


I thought of it first:

http://ffxi.allakhazam.com/forum.html?forum=10&mid=130073657654872218#20
#125 Nov 16 2010 at 7:52 AM Rating: Good
From speaking to the ICO, it seems that they have different information to what SE sent me. Unfortunately, the ICO have now done all they can, and any action would need to be sorted in a legal route from this point.

I'm going to query it with SE in writing, but I think it may be about over now.
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