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Owners - are you happy about the appalling moderation?

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mountainrman

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My speech for the defence to the owners. Moderator leave the response to the owners: you were wrong on all counts executing unjustifiable bans.

As an owner of at least one high traffic forum nothing to do with sport, I know the difficulties moderators have, the limited time, that it is not an exact science and that you cannot please all of them all of the time.
All accepted and true. BUT I write as a victim of a sequence of lamentable and inconsistent moderation decisions: and NONE of the difficulties of moderation can excuse just how bad and inequitable these decisions were. Put simply moderators are failing to read posts or before execute sanctions and areyielding to the views of the clinic mob.

Before discussing unjustifiable bans - the attitude of moderators is typified by a thread I started discussing the impact of minute doping positives - less than a drip of a clinical dose is enough to be positive , a wet glove might be enough - so I questioned how worried the sport and riders had to be about malicious spiking of drinks and food by spectators.

A reasonable argument about a serious issue. But that thread was "still born" and locked because the moderator in question decided I had "alterior motives" (never identified; I challenge anyone to find an "!alterior motive" in wanting to discuss that! The same moderator did NOTHING to sanction facetious replies from the clinic mob. He refused to reopen presumably because he did not want to admit it was a bad decision, despite admitting it was a "close call"
Another poster queried whether he could open a similar thread and was given leave to do so P$OVING the decision had NOTHING to do with the content of the thread and all to do with presumption of guilt.

I was a "marked man" for no good reason.
So to the (even more) ridiculous sanctions.

I will not waste time commenting on ALL decisions - two bitterly prove the point that moderators do not read posts before moderating.

I pointed out on a thread that the structure and location of sports anti doping as it is now was influenced by the "butch reynolds affair"in athletics' The IAAF banned him without proper process, and Reynolds sued. The court cases that followed frightened IAAF into moving into safer jurisdiction (london to monaco) where they were less likely to be sequestrated in future. Henceforth country federations were obliged to take the lead with IAAF disapproving sanctions they did not like, keeping IAAF out of the legal firing line. The parallels are noticeable. UCI moved to Switzerland at much the same time outside EU law.

So how did I get a ban?

I stated that reynolds had sued for a lot of money, and won the case. He did. (Although never got paid.) I also said Reynolds took his case to the Supreme Court and won. I was given a week ban for "lying"

Had any of you ACTUALLY researched it you would see that the supreme court DID indeed get involved and overturned Butch Reynolds ban to allow him to compete at the 92 olympic trials. So he SUPREME COURT DID enforce a jdgement for him. He never did get to run at the games, because
the IOC were beyond US jurisdiction. Like the UCI and IAAF.

But he DUD win at supreme court. I was banned for a week and gagged on the matter. The point of substance was true. The Reynolds affair did had a far reaching influence. There was no justification for any ban - certainly not a defamatory one for "Lying"

Even MORE ridiculous was a 3 month ban ( nowhere in the progressive sanctions I can see in the rules) 3 months seemingly invented just for me.
How did I manage that?

According to the moderator because i had invoked the names of some "historic bad guys" in respect of " other forum members". Totally false. In his eagerness to sanction the moderator did not read the post.

If the moderator had actually read ithe would see that I raised the names NOT in respect of members but as example that proves the "enemy of your enemy" is not your friend" - I raised it specifically about Landis opposing Armstrong, does not ipso facto make Landis a good man as many in the clinic seem to imply. In addition to being a career cheat, Landis tampered witnesses threatening lemond with child abuse accusations. f he dared testify.. So in my view Landis is not the "good guy" the clinic sometimes make out.

Whether or not you agree with that it is clearly a reasonable view to hold.

So nothing to do with forum members. The moderator did not even do me the courtesy of reading before giving a 3 month ban for something I did not do!

There is the issue of my raising the bad guys apparently is technically against the rules. I clearly did not know, and indeed that rule is well buried, and not in the FAQ. So a simple <snip> and a mention of the rule was the right response. In any event you can google many many PAGES of LISTS of lists of threads in which those bad guys are named without posters being sanctioned . So a ban is clearly selective enforcement. A 3 month ban? ridiculous.

Someone challenged that mod on this : which resulted in rapid back pedalling and change of tack saying the ban was also for "a history of trolling"

And that of course is the REAL problem. False presumption of guilt.

There is no definition of "what is a troll" which is nowhere in the rules I can find. And this forum does not seem to know how that word is applied on other forums. So anyone can call anyone else a troll - and pretty much everyone does in the clinic mob. So how did I earn that title of troll?
The reality is it is Because I express views outside the clinic mob mantra and herd view. Here are some of my views.

- That cycling justice is an inconsistent shambles. I am in good company. Judge sparks was not impressed either
- That career cheat hincapie and others got off far too lightly. He did.
- That Landis is not a nice guy.
- That Tygart should never have allowed Hincapie to ride the TdF.
- That the reasoned decision is not an objective assessment for exampleArmstrong was not EVEN the father of team systematic doping in USPS even. It started before him, ask scott mercier. Tygart "conveniently" omits that.
- That cycling justice should not go outside the WADA code into country law as it did on the SOL, otherwise US cycling law is different from elsewhere which should not be.
- That the most likely reason the US Justice did not join qui tam was not incompetence or corruption or undue influence. They did not think they would win. Until Armstrong confessed
and so no.

Now whether or not you agree with any of that , they are clearly reasonable views to hold. Not so. Not here. This forum stifles opinions it dislikes.
If you ever criticise Tygart for example. from that moment on the clinic mob brand you a troll. They call you that n every post- and the moderators do nothing to stop it, or to curb the stream of insults which the mob throw your way.

In most forums even calling someone "troll" earns a sanction and rightly so, , and in any event the members should leave moderation to mods. Not so here. The fact is if you hold views other than the clinic herd view that:
Hate armstrong who should be in jail. Love tygart. Love Landis. Sky are doping Subscribe to childish conspiracy theories etc If you don not subscribe to the mantra, Then the clinic marginalise all you say.

Worse still, when the clinic mob keep saying troll troll, the moderators treat
you as if you are. The jungle drums beat, and soon enough you are treated that way.

Wake up call mods. The Trolls ARE the handful of clinic faithful who routinely insult and demean all those who disagree with herd view hoping to incite a response, so to the mods to sanction. It happens repeatedly.

It makes the forum an unpleasant place to express opinions.

So forum owners take note. The moderators are not reading or moderating with impartiality. Whether you are sanctioned for "going off topic" , "trolling" or " mentioning historic bad guys" is totally subjective. Mods yield to those who shout loudest.

Fr as long as other views are repressed the forum will be irrelevant as a discussion medium for cycling.

I would like an apology from the mods though I do not expect one.
All of the decisions were outrageous.
 
mountainrman said:
. . .I pointed out on a thread that the structure and location of sports anti doping as it is now was influenced by the "butch reynolds affair"in athletics' The IAAF banned him without proper process, and Reynolds sued. The court cases that followed frightened IAAF into moving into safer jurisdiction (london to monaco) where they were less likely to be sequestrated in future. Henceforth country federations were obliged to take the lead with IAAF disapproving sanctions they did not like, keeping IAAF out of the legal firing line. The parallels are noticeable. UCI moved to Switzerland at much the same time outside EU law.

So how did I get a ban?

I stated that reynolds had sued for a lot of money, and won the case. He did. (Although never got paid.) I also said Reynolds took his case to the Supreme Court and won. I was given a week ban for "lying"

Had any of you ACTUALLY researched it you would see that the supreme court DID indeed get involved and overturned Butch Reynolds ban to allow him to compete at the 92 olympic trials. So he SUPREME COURT DID enforce a jdgement for him. He never did get to run at the games, because
the IOC were beyond US jurisdiction. Like the UCI and IAAF.

But he DUD win at supreme court. I was banned for a week and gagged on the matter. The point of substance was true. The Reynolds affair did had a far reaching influence. There was no justification for any ban - certainly not a defamatory one for "Lying" . . .

(1) On June 19, 1992, the United States District Court for the Southern District of Ohio entered a preliminary injunction barring The Athletic Congress of the U.S.A., Inc., and the International Amateur Athletic Federation (IAAF) from impeding or interfering with Harry L. Reynolds, Jr.'s, ability to compete in the 1992 United States Olympic Trials.

(2) The IAAF didn't like that and applied to the Court of Appeals for a stay of the injunction. Later that day, the United States Court of Appeals for the Sixth Circuit issued an order staying the preliminary injunction.

(3) Reynolds applied to Justice Stevens of the Supreme Court for an order staying the Sixth Circuit's order. Reynolds wins.

(4) The IAAF doesn't like that decision and applies to the entire Supreme Court for an order reinstating the 6th Circuit's opinion. The IAAF again loses.

All this means that Reynolds got the trial court (the district court) to enjoin the IAAF from banning him while the case is being decided. The IAAF then went to the Court of Appeals and persuaded them that the injunction should be lifted so that they could ban Reynolds while Reynolds' case was going on. Reynolds then went to the Supreme Court and asked the Supreme Court to stay the Court of Appeals' order. The Supreme Court said that the preliminary injunction should stand.

(5) Reynolds then won a default judgment against the IAAF (because they didn't respond). See 23 F.3d 1110, 1113-14. Reynolds won a HUGE judgment: "$27,356,008, including treble punitive damages." Id. Reynolds then started garnishment proceedings to collect on that judgment.

(6) THAT got the IAAF going. They ran to the District Court and told it to stop the madness (saying that the federal court lacked jurisdiction). See 23 F.3d at 1114. The District Court sided with Reynolds and told the IAAF to pound sand. Id.

(7) The IAAF then ran to the 6th Circuit Court of Appeals and totally kicked a**. The 6th Circuit found that the District Court didn't have jurisdiction over the IAAF and ordered the District Court to dismiss Reynolds' case.

(8) Reynolds then ran to the Supreme Court and asked them to reinstate his once-magnificent judgment. The Supreme Court refused and the 6th Circuit's order stood.

(9) The District Court then dismissed Reynold's case (thereby flushing Reynolds' once-magnificent judgment down the toilet).

CONCLUSIONS:
It is clear that Reynolds won a very temporary victory when the District Court gave him a preliminary injunction.

It is clear that no Court ever decided the merits of Reynolds claim after a full hearing on the merits.

All that was decided, in the end, was that Reynolds brought his case in front of an inappropriate court--inappropriate because it lacked jurisdiction.

I took your post claiming injustice seriously. I spent the last hour researching the facts of the Reynolds case. Your post is littered with obviously false statements.

. . . another addition to the ignore button!
 
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From the list of complaints from the forum-ites who haven't figured out ad-block I'd say they are super happy since they seem to keep adding more aggressive ads and removed absolutely none of them.
 

mountainrman

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MarkvW said:
(1) On June 19, 1992, the United States District Court for the Southern District of Ohio entered a preliminary injunction barring The Athletic Congress of the U.S.A., Inc., and the International Amateur Athletic Federation (IAAF) from impeding or interfering with Harry L. Reynolds, Jr.'s, ability to compete in the 1992 United States Olympic Trials.

(2) The IAAF didn't like that and applied to the Court of Appeals for a stay of the injunction. Later that day, the United States Court of Appeals for the Sixth Circuit issued an order staying the preliminary injunction.

(3) Reynolds applied to Justice Stevens of the Supreme Court for an order staying the Sixth Circuit's order. Reynolds wins.

(4) The IAAF doesn't like that decision and applies to the entire Supreme Court for an order reinstating the 6th Circuit's opinion. The IAAF again loses.

All this means that Reynolds got the trial court (the district court) to enjoin the IAAF from banning him while the case is being decided. The IAAF then went to the Court of Appeals and persuaded them that the injunction should be lifted so that they could ban Reynolds while Reynolds' case was going on. Reynolds then went to the Supreme Court and asked the Supreme Court to stay the Court of Appeals' order. The Supreme Court said that the preliminary injunction should stand.

(5) Reynolds then won a default judgment against the IAAF (because they didn't respond). See 23 F.3d 1110, 1113-14. Reynolds won a HUGE judgment: "$27,356,008, including treble punitive damages." Id. Reynolds then started garnishment proceedings to collect on that judgment.

(6) THAT got the IAAF going. They ran to the District Court and told it to stop the madness (saying that the federal court lacked jurisdiction). See 23 F.3d at 1114. The District Court sided with Reynolds and told the IAAF to pound sand. Id.

(7) The IAAF then ran to the 6th Circuit Court of Appeals and totally kicked a**. The 6th Circuit found that the District Court didn't have jurisdiction over the IAAF and ordered the District Court to dismiss Reynolds' case.

(8) Reynolds then ran to the Supreme Court and asked them to reinstate his once-magnificent judgment. The Supreme Court refused and the 6th Circuit's order stood.

(9) The District Court then dismissed Reynold's case (thereby flushing Reynolds' once-magnificent judgment down the toilet).

CONCLUSIONS:
It is clear that Reynolds won a very temporary victory when the District Court gave him a preliminary injunction.

It is clear that no Court ever decided the merits of Reynolds claim after a full hearing on the merits.

All that was decided, in the end, was that Reynolds brought his case in front of an inappropriate court--inappropriate because it lacked jurisdiction.

I took your post claiming injustice seriously. I spent the last hour researching the facts of the Reynolds case. Your post is littered with obviously false statements.

. . . another addition to the ignore button!

Ignoring the issue of substance:

That the Reynolds affair and early victories albeit temporary : frightened IAAF into running to Monaco beyond the range of US jurisdiction and beyond the then potential reciprocal legal enforcement proposals between US and EU. It had a lasting impact on how subsequent doping affairs were conducted.

UCI moved at much the same time out of EU to Switzerland , in my view no coincidence. That left country federations to face the legal music for bad doping decisions , such as the diane modahl affair which bankrupted UK athletics. There are parallels with cycling. The Landis affair for example almost bankrupted USADA.

UCI and WADA want to avoid the legal responsibility for poor decisions, but still have the right to impose and appeal sanctions they do not like. But Putting power in the hands of country federations leads to too much potential for favouritism (eg contador). And that is my gripe - the system as it is is dysfunctional, and will be until all doping judgements are handed out by the same body independent of jurisdiction. A fair comment whether or not you agree.

As regards the rest - It is sad that moderators join in with facetious remarks on such a serious thread.
 
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mountainrman said:
Ignoring the issue of substance:

As regards the rest - It is sad that moderators join in with facetious remarks on such a serious thread.

Blah to everything else, but totally agree about this.
 
ha ha

sittingbison said:
just as well it wasn't a longer ban...would have exceeded the word count limit :D

ha ha................how 'clever' you are

sad that a mod would respond to a members grievance in such a way
but it's the way of the forum

sure mountainrman spurts a load of tosh but what happened to the idea
that all opinions are welcome?

and why is it ok to call members who don't fit into the 'group think' troll
skybot etc?

Mark L
 
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Thanks for quoting that post Ebandit. I just skimmed all the posts here previously, but your post reminded me of the absurdity displayed by sittingbison.

I don't mind all that much moderators slipping up when posting in threads and possibly moderating posts in the wrong fashion. It takes time to become used to the ins and outs of moderating and I believe new mods should be granted that (though not admitting and remaining obstinate is also absurd).

But in a thread concerning the moderation and a direct request directed to the moderating team by a clearly aggrieved poster.. a moderators then comes along and mocks in a clearly derisive way the poster's complaint.

Sittingbison's post borders on totally ridiculous. A moderator can debate a complaint, note it or even take it on (rarely but you never know) but to come along and just throw it away with derision and scorn. A moderator should not be doing that at all, but especially in a thread directed to them in the about the forum section.
 
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sittingbison said:
just as well it wasn't a longer ban...would have exceeded the word count limit :D

I agree with Froome and ebandit that this snarky comment is in shockingly bad taste for a mod/admin to be posting to a member making a serious complaint about how he's been treated. I think at the very least Sittingbison should post an apology.

I cannot speak to the substance of the issues that led to the three month ban, but it is an undeniable fact that despite the theoretical right to freedom of speech and expression, this forum has been plagued by a clique of doping-obsessed Clinic bully boys who mock, insult, abuse, and ridicule voices that in any way dissent from the accepted, and expected, group think. Most of these posters have been here since close to the beginning of this forum, and have been continuously and repeatedly allowed to get away with posting behavior that would have long ago attracted permanent bans on any properly moderated forum.

This has been the sad state of affairs for years, and I'm not holding my breath that anything will change now.
 
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IMHO moderators must do what their "title" says that they do.. Moderate discassions, not members. This doesn't include judging members opinions, ban people for not having the mainstream opinion, ban people for disagreeing, for their intentions and not their actions. A moderator can't act or react like a governess who will panish noghty children. S/he have to take care if the discussions run seamlessly and allow people express every opinion.

The little time I'm here I have seen a number of not very polite replies to my posts and some other rather agrressive, who attacked me as a person and not the content of my posts. This shows bad moderation because allowing some members being rude to other members, discourages obviously new members join the forum discassions. The opinion of each and every member of this forum must be respected, and the mods have to take care that no one will feel unconfortable to express his or her opinion no matter what this is.

I don't know if this is the case of the OP as well, but I think that it would be better to reconsider the moderation on the basis that you have to deal with people, and not just nicknames, and that the concept is to have nice topics with a lot of different opinions and points of view. :)
 

Dr. Maserati

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ebandit said:
ha ha................how 'clever' you are

sad that a mod would respond to a members grievance in such a way but it's the way of the forum

sure mountainrman spurts a load of tosh but what happened to the idea
that all opinions are welcome?


and why is it ok to call members who don't fit into the 'group think' troll
skybot etc?

Mark L

Did you just write that "all opinions should be welcome" and the same time saying "sad that a mod would respond to a members grievance in such a way
but it's the way of the forum
".

Which is it?
oh and before we hear the mods should be more blah blah.... I think in this case it was an amusing retort to the yak.
 
ha ha how 'clever' we are

Dr. Maserati said:
Did you just write that "all opinions should be welcome" and the same time saying "sad that a mod would respond to a members grievance in such a way
but it's the way of the forum
".

Which is it?

sir i bow to your unparalelled 'cleverness'

any opinion on cycling topics are valid

opinion belittling a member / their post might be out of order

Mark L
 

Dr. Maserati

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Ferminal said:
What section of the WADA Code deals with forum moderation?

No, WADA (We Arbitrate Decisons Anonomously) is the rule maker - the poster needs to appeal to the Court of Arbitration of Trolls or CAT, why do you think Susan has that avatar?
 

Dr. Maserati

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ebandit said:
sir i bow to your unparalelled 'cleverness'

any opinion on cycling topics are valid

opinion belittling a member / their post might be out of order

Mark L

Only on cycling topics?
Really?

Most of the mods are members here - they are entitled to post where they want on whatever subject they want - if you don't like that, or think that's correct, that is your problem to deal with.

Lets be frank - the mods are always easy to troll. Which kindof makes it rather pathetic. (Not saying yo, but the OP)
Highlight an alleged grievance, mock a mod, add in that you only want your drivel addressed by a party that does not address.

If the Op had a genuine grievance they would have sent their correspondence directly to FP, and done so in private.
 

Dr. Maserati

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ebandit said:
ha ha truth is your the most argumentative member.............EVER.

now you appear to be telling me that my opinion is not valid

and that is all my previous posts were..........an opinion

Mark L

I never said your opinion is not valid, it's your opinion but it does not stand up to scrutiny, in my opinion. ;)
 
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To summarize

Despite being shown multiple times that he was wrong a banned troll returns to spew the same nonsense that got him banned, claim persecution, blah blah.

Butch Reynolds temporary victory did not result in the IAAF moving to Monaco. Prince Albert is a huge fan of Athletics. He is a former Olympian and member of the IOC. He had been courting the IOC to relocated for years. The vote to relocate was put on the agenda long before the Butch's temporary victory. It was voted on at the Stuttgart Worlds in 1993.

Could someone explain what this nonsense has to do with cycling?
 

mountainrman

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Race Radio said:
To summarize

Despite being shown multiple times that he was wrong a banned troll returns to spew the same nonsense that got him banned, claim persecution, blah blah.

Butch Reynolds temporary victory did not result in the IAAF moving to Monaco. Prince Albert is a huge fan of Athletics. He is a former Olympian and member of the IOC. He had been courting the IOC to relocated for years. The vote to relocate was put on the agenda long before the Butch's temporary victory. It was voted on at the Stuttgart Worlds in 1993.

Could someone explain what this nonsense has to do with cycling?

I shall ignore the usual ad hominem attacks seen above that the clinic mob seem to think they are enttitled to post in defiance of the rules selectively enforced and that is the problem, were I instead to call your post "nonsense" and "troll" as you did me , I would be infracted. That is more the subject of this thread than that incident you relate. I stick to the argument instead.

But I shall comment on the substance of your post race radio.
The IAAF don't agree with you. But then "clinic opinions" seem to trump facts here.

"Before the 181 members here for their annual Congress voted overwhelmingly to move the headquarters, the IAAF's general secretary, Istvan Gyulai, said Reynolds' legal action was "the most important reason" for resettling early next year in Monte Carlo.".

It was an open secret that all of us at some level in athletics management knew at the time, but Gyulai let slip: later to retract it , because apparently he was not supposed to say so in public, presumably because of loss of face.

It also illustrates another point: Whilst yours is clearly "relevant" as background - my post clearly trumps yours on why the move was made. In a similar situation of a challenge on which factors were more relevant, I was banned for "Lying" when my comment was clearly relevant and based in fact. Wholly wrong on the part of the moderator.That is what the thread is about.

BTW UCI relocated to switzerland at much the same time. Jungle drums said legal insularity from the EU was part of the reason, tax and other issues other parts. It was announced as "to be near Lausanne" which is a far more "palatable" reason for the press, but then when did press releases ever explain reasons for anything? The reynolds affair had a profound impact on how International sports perceived the risk of being sued - and the procedures later put in place to mitigate the risk
That is the relevance to cycling.
 
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