Wikipedia:Arbitration/Requests/Clarification and Amendment: Difference between revisions

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→‎Statement by MarkBernstein: now that Masem raises the question, does policy apply alike to all? Or shall it apply differently to different people?
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Is it your intent that the standard Gamergate topic ban include pages relating to Campus Rape, which might conceivably be construed to be a controversy and arguably is related to gender?
Is it your intent that the standard Gamergate topic ban include pages relating to Campus Rape, which might conceivably be construed to be a controversy and arguably is related to gender?

<hr>
Administrator Masem makes an ''interesting'' proposal that the committee find that Campus Rape does ''not'' fall under the standard sanctions in general, but it ''does'' for me. DHeyward and Thargor Orlando apparently share this fascinating view. This is, of course, a bill of attainder, and is incompatible with the notion of the rule of law.

My question addresses your intent in writing the decision you wrote.

It's not clear to me that the assistance of third parties, involved or otherwise, is helpful for you to determine what you meant to say a scant six weeks ago. Nothing else is at issue here -- although now that the question has been raised so forcefully below, by such august Wikipedians, it might be useful to state whether Wikipedia policy applies alike to all, or whether it can be changed so flexibly to afflict our foes and benefit our [http://www.markbernstein.org/Jan15/Careless.html pals].


=== Statement by Bosstopher===
=== Statement by Bosstopher===

Revision as of 21:29, 10 March 2015

Requests for clarification and amendment

Clarification request: GamerGate

Initiated by MarkBernstein at 16:11, 10 March 2015 (UTC)[reply]

Case or decision affected
GamerGate arbitration case (t) (ev / t) (w / t) (pd / t)

List of any users involved or directly affected, and confirmation that all are aware of the request:


Confirmation that all parties are aware of the request


Statement by MarkBernstein

On Friday, March 6, Think Progress published an article by Lauren C. Williams on The ‘Five Horsemen’ Of Wikipedia Paid The Price For Getting Between Trolls And Their Victims. Two days later, I was topic-banned by @Dreadstar: under the standard AE sanctions, over his concerns regarding this discussion [1] of that article at the Gamergate talk page.

I had requested clarification by email about the intended scope of the standard topic ban. Receiving no pertinent response, I asked on my talk page.

@Dreadstar: Is it your intent that this topic ban include pages relating to Campus Rape, which might conceivably be construed to be a controversy and arguably is related to gender? One might say that opposition to rape is uncontroversial, but doubtless campus rape has supporters, too, or controversy of some sort. (Then again, one might assume that commenting on other editors involved commenting on actual editors!) I ask only to advise an organization seeking my advice on promoting wider participation by women in the areas of its expertise in the wake of recent press coverage of Wikipedia.

This evoked a vituperative response by email, which I believe to have been sent to you as well, and which is now being discussed at AN/I, which I believe is the appropriate forum. I do not wish to enquire further into that here.

I do not believe the topic ban was proper, just, or expedient. I do not wish to enquire further into that in this place and at this time, though of course you may discuss whatever pleases you.

The underlying question remains: an activist had contacted me that very day, seeking advice for a Wikipedia initiative among her membership and concerned -- not unreasonably -- over the sort of repercussions that were detailed in Think Progress and previously in a number of other newspapers and magazines [2].

Is it your intent that the standard Gamergate topic ban include pages relating to Campus Rape, which might conceivably be construed to be a controversy and arguably is related to gender?


Administrator Masem makes an interesting proposal that the committee find that Campus Rape does not fall under the standard sanctions in general, but it does for me. DHeyward and Thargor Orlando apparently share this fascinating view. This is, of course, a bill of attainder, and is incompatible with the notion of the rule of law.

My question addresses your intent in writing the decision you wrote.

It's not clear to me that the assistance of third parties, involved or otherwise, is helpful for you to determine what you meant to say a scant six weeks ago. Nothing else is at issue here -- although now that the question has been raised so forcefully below, by such august Wikipedians, it might be useful to state whether Wikipedia policy applies alike to all, or whether it can be changed so flexibly to afflict our foes and benefit our pals.

Statement by Bosstopher

This isn't actually related to what Mark's said, but it's such a minor and uncontroversial issue that I don't want to create a separate RCA for it. Apologies to Mark for partially hijacking his ARCA. ArmyLine's topic ban (despite what's incorrectly been written on the GG General sanctions page, was actually given under Arbcom's BLP discretionary sanctions. This means FoF13 is factually innaccurate, as is remedy 12. Could these be ammended to note that ArmyLine was banned under BLP discretionary sanctions, as opposed to GG general sanctions? Bosstopher (talk) 16:45, 10 March 2015 (UTC)[reply]

Statement by TheRedPenOfDoom

Given the overly broad topic area and the directive that it be "broadly construed", we were obviously going to be back here. This time around, I would hope that the ArbCom members carefully consider the actual ramifications of whether their actions are going to minimize disruption in the long term or will provide a blueprint for how outside canvassing can be used to disrupt Wikipedia to drive editors away. I hope that any support that comes their way in this dark hour will help them come up with a decision that is actually likely going to do the former while maintaining the basic principles of creating an encyclopedia that everyone, including women, can edit without fear of arbitrary sanctions.-- TRPoD aka The Red Pen of Doom 16:53, 10 March 2015 (UTC)[reply]

Statement by Thargor Orlando

Not to speak for Dreadstar or the Arbs, but the topic ban, as written at MarkBernstein's talk page, is in part for "any gender-related dispute or controversy." This is an incredibly controversial topic anyway, and Mark's own intentions in this clarification is to drag the drama he continually creates within the Gamergate space into the campus rape disputes. The goal of the topic ban is to keep him away from inflaming these topics, not to try and drive him to other ones. I hope the arbs and admins here clarify that this article and his involvement would fall under the relevant sanctions, and perhaps extend this topic ban toward MarkBernstein indefinitely as it should have been back at the original ruling, as he has continually shown himself unable to collaborate constructively in the space due to his personal feelings on the relevant topics of Gamergate, feminism, and Wikipedia's governance. The continued allowance of MarkBernstein to disrupt the proceedings at the relevant articles is a problem that is in need of an overdue solution.

Also, this continued spamming of his blog posts and the ThinkProgress blog post is becoming exhausting and self-promotional, and is arguably becoming an issue of a conflict of interests in and of themselves. Since we're here, it is worth a mention. We wouldn't tolerate it from anyone else.

Statement by Strongjam

Clarification on the exact scope of the GG topic ban is needed. This isn't the first time this has been brought up, previously in the Spudt3r case this came up. Personally I feel the wording is too broad, but I appreciate that might of been intentional. — Strongjam (talk) 17:12, 10 March 2015 (UTC)[reply]

Statement by NorthBySouthBaranof

Thargor Orlando's statement appears to be yet another attempt to silence dissent and sweep this issue under the rug. It is hardly "spamming" to suggest that a significant media article be included in the In the Media section. The fact that the article is significantly critical of Wikipedia's processes and response to this issue derives the inevitable inference that Thargor's decision to engage in an edit war to remove it from the In the Media section is intended to cover up inconvenient truths. (I believe the usual term for that is Streisand effect.) While leveling accusations of a "conflict of interest," Thargor interestingly fails to note his own conflict of interest here, in that the article is critical of the position he has relentlessly pushed on-wiki. What he calls "drama" is no more and no less than a thoroughly-justified belief that the encyclopedia's own processes failed those who stood up to defend the project's basic principles from vicious, organized abuse. NorthBySouthBaranof (talk) 18:18, 10 March 2015 (UTC)[reply]

Statement by ForbiddenRocky

"Broadly construed" really needs to be explained better for this topic. The categories listed for Gamergate controversy currently : Category:2014 controversies, Category:2014 in video gaming, Category:Conflict of interest, Category:Conspiracy theories, Category:Criticism of journalism, Category:Cyberbullying, Category:Women and video games, Category:Hashtags, Category:Internet activism, Category:Internet trolling, Category:Internet vigilantism, Category:Journalism ethics, Category:Video game controversies, Category:Video game journalism, Category:Sexual harassment, Category:Misogyny, Category:2015 in video gaming, Category:2015 controversies Does a Gamergate controversy topic ban include articles sharing these categories? ForbiddenRocky (talk) 18:53, 10 March 2015 (UTC)[reply]


Statement by Masem

I would argue that Campus Rape would not fall under the GG general sanctions as IDed by ArbCom, for any other editor. But I will argue that in the specific case of Mark, who in the past has been quick to label editors as "rape apologists" tied to the GG situation ([3], [4] that this clearly shows a strong COI in the area, and that in this specific case for Mark should be an area to avoid, if even voluntarily. --MASEM (t) 19:54, 10 March 2015 (UTC)[reply]

Statement by (unrelated) coldacid

From the case remedies:[5]

(i) The community Gamergate general sanctions are hereby rescinded and are replaced by standard discretionary sanctions, which are authorized for all edits about, and all pages related to, (a) GamerGate, (b) any gender-related dispute or controversy, (c) people associated with (a) or (b), all broadly construed.

Campus rape is a touchy subject in gender issues and civil issues groups, and because of the spectrum of opinions and how vehemently holders of those opinions can be when they are challenged on them, I think it's safe to say that it would fall under the (i)(b) subclause of the Discretionary sanctions remedy. Whether or not the GG discretionary sanctions should include pages on the subject of campus rape is another issue altogether.

Depending on the size and/or membership of the set of editors both active on pages regarding campus rape and those regarding GamerGate, it may or may not be worthwhile for the arbs to consider making an exception to the GG DS. Honestly I'm not interested in making that determination, nor suggestions towards it, but looking into that may be the way this request should go, if the arbs decide to take any action. // coldacid (talk|contrib) 19:56, 10 March 2015 (UTC)[reply]

Statement by DHeyward

MArkBernstein's topic ban was for continuing to comment on contributors and not content. This was noted by two admins on his talk page and has been noted elsewhere. Notwithstanding his strawman argument about campus rape, of which I can find no substantial contribution by MarkBernstein, his topic ban has nothing to do with it. This is a canard put forth only to muddy the waters. MarkBernstein doesn't appear to be here to build the encyclopedia. --DHeyward (talk) 20:34, 10 March 2015 (UTC)[reply]

Statement by {other-editor}

Other editors are free to make relevant comments on this request as necessary. Comments here should address why or why not the Committee should accept the case request or provide additional information.

GamerGate: Clerk notes

This area is used for notes by the clerks (including clerk recusals).

GamerGate: Arbitrator views and discussion