Civil/Commercial Litigation (Lawsuits)/Silly question

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Question
Hello there,

This is going to sound like a silly question but I hope that you'll help me out anyway.

I'm having a dispute with a moderator in a gaming forum and to put it frankly, they are unfair tyrants.

I'm hoping that should you decide to help me out you can tell me your view of the situation and also what you would say to them if I were your 'client'

In the game that I play you can install modifications to the game that do different things to change the game experience. In general these mods are completely allowed by the game company and even encouraged.

However there are some that are not allowed.

Till recently they had absolutely no guidelines on what mods were and were not allowed. None whatsoever.

I made this post on the forums:

http://forum.worldoftanks.com/index.php?/topic/332463-enemy-direction-minimap-mo

The post asks about a particular type of mod that I did not know what disallowed in the game, considering the moderators never said it wasn't allowed.

In the post there is obviously a lot of confusion on the matter, further showing that the mods have no done their job on educating the people on the subject.

A few weeks later they post a thread finally showing what mods are not allowed in the game and then now even more weeks after that I get a warning and a week long ban for my post asking about said mod.

I've argued with them repeatedly trying to get them to see how stupid it is to punish someone for not following a rule that he didn't know existed but they say that it's in the EULA.

To which he gives me these links to their rules:

http://forum.worldoftanks.com/index.php?/forum-29/announcement-74-world-of-tanks

http://forum.worldoftanks.com/index.php?/forum-29/announcement-76-world-of-tanks

To summerize it for you, all it says is that you aren't allowed to advertise 'illegal mods'

To this, I argued that since I had no way of knowing the mod was illegal that the punishment is unfair. And they said:

"by playing the game you have accepted the End Users License Agreement (EULA) and supplementary documents, thus obligating yourself to read, understand and adhere to the World of Tanks Game Rules."

To which I replied that while it is indeed the players responsibility to know the rules, it's the rule makers obligation to make the needed information known to the public for them to "read, understand, and adhere to"

But they say:

"The original post had no question asking on whether these mods we against the EULA. The warning will stand and the issue is closed.

Was in violation of our forum rules, and was correctly sanctioned. Please note that discussion or topics on prohibited mods are not permitted within the World of Tanks forums."

I've asked repeatedly for them to answer one simple question. How was I supposed to know it was an illegal mod in the first place?

And they never answer the question.

I hope that you look over my question and will help me out. I appreciate your time and effort.

Tristen

Answer
Hello Tristen,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

Without reading the user agreement, I couldn't comment on it intelligently.  I suggest you hire an attorney to review it with you if you wish legal advice about it.  It occurs to me that the hosts of the discussion forum are the owners of their cite.  To my thinking, the owner can determine as a private matter who gets to post.  Just like the owner of a house has the right to determine who paints it and what color to select, I would expect the law to support http://forum.worldoftanks.com as having the right to post, or not to post, material thereon.

You seem to have spent a lot of time, thought and energy on this conflict and your mod.  Perhaps a pathway to satisfaction could be found if you make up your own forum and/or work on your own game?  You seem clever enough and possessing of intelligence and determination.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

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Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

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I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

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J.D. William Mitchell College of Law, St Paul, MN

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