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Politics : Sharks in the Septic Tank
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To: Neocon who wrote (50647)6/12/2002 5:50:18 PM
From: The Philosopher  Read Replies (3) of 82486
 
We don't need to address whether other actions on the SMBR thread would entitled him to ban despite the agreement and his statement that there would be no more bannings on SMBR, period. That case didn't happen.

Yes, I absolutely deny that he has a right to violate the agreement for something that happened on another thread, and that didn't involve him or anything about the agreement.

If your position is that he could ban me for any arbitrary reason he chose to, then the agreement was meaningless. And the courts rarely make rulings that interpret agreements in a way that makes them meaningless. The courts assume that there was good faith on both parts, and that they are bound by the intent of the agreement, which was that if I left Poet totally alone he would let me post on SMBR. It may be -- I say may be -- that one could argue that there was an implied term there if I posted on that thread in violative ways, even thought they didn't violate the TOU, he could reimpose a ban. But that didn't happen, so that would be moot in any case.

Furthermore, he specifically said in the SBMR header that things that were on the BB thread should not migrate to the SMBR thread, but should stay on BB. Then he violates that himself.

Another lie I hadn't picked up on before -- thanks for helping me identify it.
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