Madjack - Govindia

St George

St George

RolePlay Moderator
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Deputy Speaker
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Pronouns
He/Him, They/Them
I'd like to bring a complaint against Govindia for fraud, under this section of the law:
Legal Code of TNP:
10. “Fraud” is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
Click to expand...
.

Govindia, in at least two instances, has alleged that members of #tnp are habitual cocaine users. Cocaine is, of course, an illegal drug, with penalties for use ranging from heavy fines to 10+ years imprisonment depending on the offence and country, and I feel the allegations constitute an "intentional deception... made... to damage another individual", or individuals in this case.

For those who can't see the linked threads, here are screenshots of the posts in question, taken from the TNP embassies in Balder and Equilism:1. Balder
2. Equilism
 
madjack:
I'd like to bring a complaint against Govindia for fraud, under this section of the law:
Legal Code of TNP:
10. “Fraud” is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
Click to expand...
.

Govindia, in at least two instances, has alleged that members of #tnp are habitual cocaine users. Cocaine is, of course, an illegal drug, with penalties for use ranging from heavy fines to 10+ years imprisonment depending on the offence and country, and I feel the allegations constitute an "intentional deception... made... to damage another individual", or individuals in this case.

For those who can't see the linked threads, here are screenshots of the posts in question, taken from the TNP embassies in Balder and Equilism:1. Balder
2. Equilism
Click to expand...
Accusations of drug abuse may also violate ZetaBoards Terms of Use, specifically,

3.1 Prohibited Content:
Users may not post, upload, link to, or email any Content that contains, promotes, gives instruction about, or provides prohibited Content. Prohibited Content includes any Content that breaks any local, state, county, national or international law. Prohibited Content also includes:

a. Content that infringes upon any rights (including, but not limited to, copyrights and trademarks)
b. Abusive, threatening, defamatory, racist, or obscene Content
c. Viruses or any other harmful computer software
d. False information or libel
e. Spam, chain letters, or pyramid schemes
f. Gambling or Illicit drugs
g. Terrorism
h. Hacking or cheating for internet/online games
i. Warez, Roms, CD-Keys, Cracks, Passwords, or Serial Numbers
j. Pornography, nudity, or sexual material of any kind
k. Excessive profanity
l. Content that is invasive of privacy or impersonation of any person/entity
m. Hacking materials or information.
Click to expand...

[bolding mine]

However, I am not certain of the interaction of embassy and other forum - would it be Balder's/Equilism's ToU that would apply in TNP embassies abroad, or TNP's?
 
With all three forums being, iirc, under the zetaboards software, wouldn't the ToU be the same?
 
Y'uns need to sort out the difference between what is a mod issue and what is a court issue. TOS/TOS matters are handled by moderation on the forum where the post occurred. Constitutional and legal allegations are brought here.

IMHO, from a legal standpoint these accusations are entirely frivolous. Also, since there is a precedent for duality, the Equilism comment is going to be tossed. That leaves one line in Balder that looks tongue-in-cheek to me.
 
Great Bights Mum:
Y'uns need to sort out the difference between what is a mod issue and what is a court issue. TOS/TOS matters are handled by moderation on the forum where the post occurred. Constitutional and legal allegations are brought here.

IMHO, from a legal standpoint these accusations are entirely frivolous. Also, since there is a precedent for duality, the Equilism comment is going to be tossed. That leaves one line in Balder that looks tongue-in-cheek to me.
Click to expand...
:agree:
 
Astarial:
madjack:
I'd like to bring a complaint against Govindia for fraud, under this section of the law:
Legal Code of TNP:
10. “Fraud” is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
Click to expand...
.

Govindia, in at least two instances, has alleged that members of #tnp are habitual cocaine users. Cocaine is, of course, an illegal drug, with penalties for use ranging from heavy fines to 10+ years imprisonment depending on the offence and country, and I feel the allegations constitute an "intentional deception... made... to damage another individual", or individuals in this case.

For those who can't see the linked threads, here are screenshots of the posts in question, taken from the TNP embassies in Balder and Equilism:1. Balder
2. Equilism
Click to expand...
Accusations of drug abuse may also violate ZetaBoards Terms of Use, specifically,

3.1 Prohibited Content:
Users may not post, upload, link to, or email any Content that contains, promotes, gives instruction about, or provides prohibited Content. Prohibited Content includes any Content that breaks any local, state, county, national or international law. Prohibited Content also includes:

a. Content that infringes upon any rights (including, but not limited to, copyrights and trademarks)
b. Abusive, threatening, defamatory, racist, or obscene Content
c. Viruses or any other harmful computer software
d. False information or libel
e. Spam, chain letters, or pyramid schemes
f. Gambling or Illicit drugs
g. Terrorism
h. Hacking or cheating for internet/online games
i. Warez, Roms, CD-Keys, Cracks, Passwords, or Serial Numbers
j. Pornography, nudity, or sexual material of any kind
k. Excessive profanity
l. Content that is invasive of privacy or impersonation of any person/entity
m. Hacking materials or information.
Click to expand...

[bolding mine]

However, I am not certain of the interaction of embassy and other forum - would it be Balder's/Equilism's ToU that would apply in TNP embassies abroad, or TNP's?
Click to expand...

madjack:
With all three forums being, iirc, under the zetaboards software, wouldn't the ToU be the same?
Click to expand...

The Balder admin staff has taken the action we feel needed in regards to the post. Please keep Balder violation in Balder.
 
Just like you guys tell me to take a joke, you guys should practise what you preach. I was obviously joking, not being serious too. You should learn to take a joke too before lecturing others about the same thing. Don't be a hypocrite St. George and Astarial.
 
Your post is unneeded here, and tantamount to an attempt at intimidating me to drop my claim.
 
madjack:
Your post is unneeded here, and tantamount to an attempt at intimidating me to drop my claim.
Click to expand...
I have a right to respond to a complaint made against me. Furthermore, your claims against me in other places are more defamatory than the joke I made, so I suggest you please look up the rules and such before trying to be a hypocrite here in terms of how you can't take a joke from me, but you expect everyone here to take your joke.
 
Madjack, I have now reviewed the post you submitted, and the links (but no evidence of #tnp logs, as was inferred from your post). It is not clear in one instance that Govindia is even the poster shown in the screencap, and it is not clear that the Govindia in the other screencap is the same persona as the Govindia in these forums.

There is no potential violation of TNP law in these allegations. There is no precedent for handling allegations in TNP embassies elsewhere in current TNP law, and even if TNP law did apply, the speech appears to be protected speech under our Bill of Rights. Further, and as a result, the material submitted is facially insufficient to issue an indictment, much less believe that a conviction could possibly be obtained.

As GBM noted, at best these are forum moderation team matters for those forums, and it would be difficult not to notice the sarcasm in the comments.

Accordingly, no indictment is warranted and no indictment will be filed. Matter Closed.
 
This matter is hereby reopened. I am going to seek some clarification from the courts before a more formal proceeding, but once again the former Attorney General overstepped his bounds by not presenting this before the courts to decide the merits of this case.

Attorney Assigned: Funkadelia
 
arms.png

Indictment​

In the name of the nations of The North Pacific, an indictment under The North Pacific Legal Code is filed against Govindia, alleging that on August 21st, 2012, at 12:57 AM, Govindia posted the following in The North Pacific's official embassy in the forums of Equilism: "There is no Empress. It is not real. People were snorting cokes....", in a description of some members of TNP who were involved in a creation of a roleplay Empire in The North Pacific.

By making this statement, Govindia falls in violation of Chapter 1, Section 1.4, Clause 10 of the North Pacific Legal code, which states:

North Pacific Legal Code:
10. “Fraud” is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
Click to expand...

Pursuant to Chapter 3, Section 3.3, Clause 11, of the Legal Code, which states that "[a]ny Justice may approve or deny an indictment, and their decision will be final," this indictment is respectfully submitted for that approval.

Sincerely,

Funkadelia
Deputy Attorney General of The North Pacific
 
Does the Attorney General's office intend to seek for Govindia to be ejected, banned, or removed from the Regional Assembly pending trial?

Why or why not?
 
The Attorney General's office does not seek Govindia banned or ejected or removed from the Assembly pending his trial as the crime allegedly committed does not have sufficient gravity to warrant any aforementioned punishments before a verdict is reached.

(P.S. Sorry if that is a bad answer but I'm tired and I wanted to bring a swift response.)
 
Funkadelia:
arms.png

Indictment​

In the name of the nations of The North Pacific, an indictment under The North Pacific Legal Code is filed against Govindia, alleging that on August 21st, 2012, at 12:57 AM, Govindia posted the following in The North Pacific's official embassy in the forums of Equilism: "There is no Empress. It is not real. People were snorting cokes....", in a description of some members of TNP who were involved in a creation of a roleplay Empire in The North Pacific.

By making this statement, Govindia falls in violation of Chapter 1, Section 1.4, Clause 10 of the North Pacific Legal code, which states:

North Pacific Legal Code:
10. “Fraud” is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
Click to expand...

Pursuant to Chapter 3, Section 3.3, Clause 11, of the Legal Code, which states that "[a]ny Justice may approve or deny an indictment, and their decision will be final," this indictment is respectfully submitted for that approval.

Sincerely,

Funkadelia
Deputy Attorney General of The North Pacific
Click to expand...
There is no fraud. I wasn't representing anyone but myself.

What I stated was fact when I said there was no Empress of The North Pacific.

The reference to "snorting cokes" was merely a joke and has been similarly used by others in other parts of the region and elsewhere without incident. This only complaint was made out of a regional personal bias by people here towards me. If someone else said it such a matter wouldn't be pursued.
 
Eluvatar:
Does the Attorney General's office intend to seek for Govindia to be ejected, banned, or removed from the Regional Assembly pending trial?

Why or why not?
Click to expand...
The Associate Justice would like to remind the Security Council member that the Court has previously ruled such action to be unconstitutional, as can be seen here. As such any such action would be illegal.

Furthermore, the Associate Justice will confer with his colleges before making a decision as to whether to approve the indictment or not.
 
Govindia - please examine the original post regarding what "fraud" is in this instance.

I fully expect you to defend yourself in this case should the justices decide to move forward with the case.
 
punk d:
Govindia - please examine the original post regarding what "fraud" is in this instance.

I fully expect you to defend yourself in this case should the justices decide to move forward with the case.
Click to expand...
FYI Govindia's post is awaiting administration's approval before it can be published.

EDIT: Not anymore.
 
Belschaft:
Eluvatar:
Does the Attorney General's office intend to seek for Govindia to be ejected, banned, or removed from the Regional Assembly pending trial?

Why or why not?
Click to expand...
The Associate Justice would like to remind the Security Council member that the Court has previously ruled such action to be unconstitutional, as can be seen here. As such any such action would be illegal.

Furthermore, the Associate Justice will confer with his colleges before making a decision as to whether to approve the indictment or not.
Click to expand...
The constitution has been changed since then, in a manner that I expect renders that ruling obsolete.
 
Eluvatar:
Belschaft:
Eluvatar:
Does the Attorney General's office intend to seek for Govindia to be ejected, banned, or removed from the Regional Assembly pending trial?

Why or why not?
Click to expand...
The Associate Justice would like to remind the Security Council member that the Court has previously ruled such action to be unconstitutional, as can be seen here. As such any such action would be illegal.

Furthermore, the Associate Justice will confer with his colleges before making a decision as to whether to approve the indictment or not.
Click to expand...
The constitution has been changed since then, in a manner that I expect renders that ruling obsolete.
Click to expand...
It does.
 
Hileville:
Eluvatar:
Belschaft:
Eluvatar:
Does the Attorney General's office intend to seek for Govindia to be ejected, banned, or removed from the Regional Assembly pending trial?

Why or why not?
Click to expand...
The Associate Justice would like to remind the Security Council member that the Court has previously ruled such action to be unconstitutional, as can be seen here. As such any such action would be illegal.

Furthermore, the Associate Justice will confer with his colleges before making a decision as to whether to approve the indictment or not.
Click to expand...
The constitution has been changed since then, in a manner that I expect renders that ruling obsolete.
Click to expand...
It does.
Click to expand...
*has double checked*

Indeed, you are correct. My mistake.
 
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