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Old 02-27-2006, 03:17 PM
ghostwriter ghostwriter is offline
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Join Date: Aug 2004
Location: NYC Area
Posts: 116
Default Re: This Problem Affects ALL Gaming, It\'s Not Just About Money

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I'm starting to think that people who criticize Stars for not clamping down enough on alleged cheaters are just idiots. Unilaterally confiscating $100,000 after conducting an "internal" investigation and deciding that certain prohibited but previously ignored activities violate your illegal and unenforceable terms and conditions (you clicked on these when you signed up at Party) is a brilliant way to take a company down.

In fact, it's the best way Party can become hopelessly embroiled in the US legal system. Unfortunately, Party's IPO prospectus notes that its directors may be subject to criminal prosecution if found within the US. [For people who think Party could sue JJProdigy or ZeeJustin, LOLOL]

Seriously, from an informed legal perspective Party's actions are not only dumb, they are suicidal and threaten to kill some of your golden geese much more effectively than Grandma ever could. It won't hurt US investors very much, however, because it's a federal offense for US investors to buy Party's stock.

Party's taking such a hard-line stand without an ounce of subtlety, reflection, or an iota of legal authority is the best thing that it can do if it wants to cease to exist as a company.

Some people need to go beyond the first level of moral reasoning (El Diablo, do you understand now, can you help?) and open up their eyes to the consequences of making examples out of people.

Stars, however, is aware of the complexities involed with confiscation of peoples' funds and have crafted a policy designed to deal with these complexitiees. That is smart.

By the way, if Party has found you "cheating" and confiscated funds from you, PM me. You will be glad you did.

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Okay, I have disagreed with your last three posts so apparently I must be an idiot. I can lay out my case and maybe you can point out why those of us who think Party did the right thing, and stars did not go are enough, are idiots.

First off, as others have tried to make the shoplifting analogy where the police don't come and confiscate your personal property at home, except maybe in Saudi Arabia: this is incorrect. If you get caught shoplifting, most shops call the police. Yes, at that time you only return that which you stole. But then you appear in court. You may have costs associated with an attourney. Depending on your state you may be assessed fines of $1500+. (This would be for a small item. In this instance people were cheated out of possibly tens of thousands for a final table finish. If you get busted stealing something that valuable the penalty is obviously way higher). You will probably do community service. There is also the possibility of jail time if you are a repeat offender. As you can see, even in a simple case of shoplifting, THE GUILTY PARTY PAYS BACK WAAAAAY MORE THAN JUST THE VALUE OF WHAT THEY STOLE.

Now we have a more serious problem here because these companies are not stationed in America and do not have to adhere to American law. They can't impose confinement on a cheater, so the only additional penalty they CAN impose is related to additional fines and/or confiscating monies of the guilty parties.

So aeest400, you seem to be connected in the legal field (I am guessing by your last sentance) so maybe you can answer a few questions for us idiots.

How is ZJ going to file suit against Party? Is he going to Gibraltar to file suit? Don't think so, although that would be interesting because then they COULD try him under their laws and possibly confine him in addition to taking his money.

Is he going to sue them in American court? How? Playing online is already a gray area legally. Lets say he did and he somehow won a judgement. Now what? Is the government of Gibraltar held by American law? Are we taking them over after we are done in Iraq?

How does he get around their terms and conditions which I just read through and they clearly state that if you are caught cheating they can close your account and confiscate your funds:

THE COMPANY RESERVES THE RIGHT, IN ITS UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE COMPANY AND ANY SERVICES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER ANY PAY-OUTS, BONUSES AND WINNINGS

That was taken from their account. It doesn't say 'winning from cheating". He has probably already cashed out money that they can't recover from before he was caught. He is still ahead in the long run and he doesn't deserve to be.

I agree with ElD that Stars has dropped the ball on this. You need to make the penalty stiff enough that people will not want to cheat. To just take only the cash won through what cheating they CAN detect is akin to taking the shoplifter, taking what you caught him taking THIS TIME, and shooing him out the door. This might have been the way they handled shoplifters in the '50s but times have changed. I will not be playing at Stars until they get more of a hard line against cheaters.

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If it ever comes before a US court I highly doubt Party's Terms of Service would be deemed legal or enforceable.

In effect Party is claming that you don't "own" the money in your account, they do and you can only cash out at their discretion. I find it odd that more people don't have a problem with this.