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Handbook Loophole? : Report

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4 June 2010, 06:20 PM   #1
Joined: 21 May 2008
Posts: 423
Last edited by Oroborus21, 4 June 2010
so KNet seems to be down right now and the Courtroom is thus down so i am posting a
"report" here and calling attention to a possible loophole for the Mods and Hina to

the persons involved are:


the violating content is the image posted from here:

the situation and "loophole": Joe is Kool posts the violating image to Nathan77's Q&A. Nathan77 (like a dumbass) does NOT delete the comment but instad REPLIES and thus resulting in the image being posted PUBLICLY on his Q&A. Is this a violation? and If so who is to be held responsible? Joe is Kool? or Nathan77 for allowing it to be published on his own account by not deleting it and instead replying. Does it matter whether his reply is "positive" as in "ooh i like that porn" or negative (as his seems to be "wtf?"). If Q&As are not part of the Kupika Handbook province than one can exploit that loophole by posting such porn images to themselves or to others or using multiple accounts to post such images to their own accounts. Think about it.

4 June 2010, 11:36 PM   #2
Guest Poster
It's public, so it's not allowed. Who is to be held accountable though, I don't know.
Both, perhaps?

4 June 2010, 11:46 PM   #3
Guest Poster
Only the first guy (Joe is Kool) since maybe Nathan or whatever he is called is too dumb
to realize that he has to DELETE it...

4 June 2010, 11:57 PM   #4
Joined: 21 May 2008
Posts: 423
one problem with that Twinkly,

is that a person could in theory exploit that if the Mods only held the sender
accountable. a person for the Lulz no doubt could claim that the sender sent stuff and
actually be using side accounts to send the stuff to themselves....they could then claim
no responsibility other than that they didnt delete the comment when they saw it...

........i think that both are responsible...but if you look at what the Kupika Handbook is
trying to achieve, the goal is to make Kupika decent for the users, not necessarily to
punish bad people, so in that view, the porn resides on Nathan77's profile where it
presents offense to passersby..

this issue can be extended to someone who may post to people's Q&As..

the MODS and HINA need to have a discussion about this...For example, what if I happen to
write in my diary that I'm not going to be on Kupika for a few weeks cause of a vacation
let's say...

and then someone using a shell account goes around and publishes all sorts of Porn on all
of my oekakie, diaries, kupipages etc...

technically the offensive stuff is on my profile now...but im not around or going to be
around to delete it until i return from vacation?

in that situation, certainly the mods should give the account owner (me in this example)
the chance to log in...and that time frame should be reasonable..

......getting back to the Q&A thing...i think that Nathan77 should have some
responsibility since he didn't delete the image and by doing that he allowed it to be
posted to his profile in violation of the Kupika Handbook.

Ignorance of the law is not an excuse from it, is an old legal maxim.

Q&As also are particularly obnoxious because they last a long long time on someone's
profile unless that person gets a ton of new ones it never goes away.

6 June 2010, 12:46 AM   #5
Guest Poster
It's still public, and I believe it should be considered public porn.
I have no means, however, of removing it unless I ban nathan77, but I'm not sure if I have
grounds for that.
There isn't a rule about that yet.

I could technically, however, ban joe_is_kool for unsolicited pornography. 

Hina can review over this case and see what to do, but this is what I think at the moment.

6 June 2010, 10:23 AM   #6
Guest Poster
the deal is, how do we know now if it's unsolicited? nathan77 DID allow it to be
posted to his profile, so we can't say he didn't want it there. i'd believe that both
would be held responsible.

6 June 2010, 06:19 PM   #7
Joined: 14 Dec 2009
Posts: 53
I agree with Clare & Linda, it's unsolicited most likely, besides with a few questions
the image could be pushed down to the bottom and eventually disappear in time? :|

6 June 2010, 06:24 PM   #8
Joined: 21 May 2008
Posts: 423
the same logic about it disappearing in time can apply to POST, or Image BB even....yet
those are not options

and actualy unless a person gets a super uber amount of comments over time, the Q&A will
NOT disappear...most people have alll of their Q&As only long time accoutns that get a lot
of Q&As have their older ones fall off the 50 page limit.. of what appears

8 June 2010, 05:24 AM   #9
Guest Poster
Solicited or not, it's public, and that makes it against the handbook, right?

8 June 2010, 06:33 PM   #10
Guest Poster
@Cawaii: of course. the question is not that it is against the handbook. the
question is who to blame. if we ban joe_is_kool for sending nathan77 unsolicited porn,
then we have gotten rid of him, but the porn remains. the only way to get rid of it now is
to ban nathan77, who unfortunately seems to be at no fault here, save for bad judgement.

8 June 2010, 07:17 PM   #11
Joined: 21 May 2008
Posts: 423

which is the loophole im talking about. Nathan "gets away" in violating the handbook by
claiming that he did nothing but fail to delete it....(and this issue canbe applied to
anyone who has control but doesnt exercise it....club owners in open clubs who allow guest
posting can choose not to delete porn thats posted, should their accountbe deleted? people
who dont delete posts to their diaries, oekakis etc...

you have the issue of the POSTER as well as the Account where the posting rests...and have
to have some guidelines..

the Kupika Handbook only addresses specifically when the offending material is published
by the offender in their own pages or in the public spaces like POST and ImageBB....but
not in public areas that are controlled by other individuals...

9 June 2010, 05:38 PM   #12
Guest Poster

unfortunately, there's just not much we can do besides wait for hina's word.

13 June 2010, 05:19 AM    #13
Guest Poster
He hasn't been on since April.

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