Continuous The Forum Court (Tirin v. Thunder: Concluded)

Colonel Thunder

Renowned Blunderer & Dishonorary Czech
Member
Thank you for asking, kind examiner.

I have desired to change the language on that page for several months now, as it misleading. Unfortunately, the Streamlabs organization's acquisition and integration of OBS has caused many changes to the functioning of that webpage. As soon as their integration issues are resolved, I will be updating the language to be more clear on stream donation policy (unless of course, that ability is restored during this trial in which case I shall wait until the trial is concluded).

The language is outdated for a few reasons. Firstly, it does not take into account the charity work I have done and continue to do on my stream. Secondly, it should be clear that non-wishlist games donated will not be treated as equivalent to monetary donations. This is due to the complications arising from donors donating undesirable games, donors acquiring games at varying prices and needing to provide proof of purchase for Danger reimbursement, and lastly, inflating the currency of Danger with rampant donations.

I agree with the examiner and even the Prosecution that that statement should be updated. When full functionality is restored to the website, I will be glad to make the changes that have technically been in place on my stream for many months.
 

Colonel Thunder

Renowned Blunderer & Dishonorary Czech
Member
Thank you for answering, benevolent witness. I would also like to commend your recent charity work in raising over $100 for the displaced Telltale Games staff through your recent stream.
 

Colonel Thunder

Renowned Blunderer & Dishonorary Czech
Member
Thank you for your complement, wise examiner.

With any luck, my stream will not be disrupted by unfortunate proceedings, so that I can continue to keep the Danger economy strong, raise funds for the downtrodden, and provide resources for the community that we may all bond and play together.
 

Tirin

God-Emperor of Tealkind
Moderator
The fact of the matter is that regardless of whether that policy is in need of being updated, it has not been updated nor has any notice previously been made of such donations not being equivalent - and, furthermore, no mention was made at the time of Druby's compensation for donating Nier that it was because he had donated a game on the aforementioned list. You owe my client that Danger just as you owe any other donors in a similar situation that Danger, because "the changes that have technically been in place on [your] stream for many months" were not clearly advertised by any metric, nor was any apparent effort made to make my client or anyone else aware of them.

I would also like to point out that, again, Outlast: Whistleblower was a game (rather, DLC) which was actually played on stream owing to, in your words, "popular demand" indicates that it was by no means an undesirable game (your personal discomfort at playing a horror game notwithstanding). Furthermore, giving 100 Danger to somebody is by no means a disruption of your stream or of the Danger economy - the total Danger currently circulating is over 35000, and while it is substantial for Bob personally it is a drop in the bucket for the stream on the whole - nowhere near something capable of inflation. Two of your most important reasons for not compensating Bob as would be appropriate for a cash donation have quite evidently fallen out the window.


Thank you for answering, benevolent witness. I would also like to commend your recent charity work in raising over $100 for the displaced Telltale Games staff through your recent stream.
Thank you for your complement, wise examiner.

With any luck, my stream will not be disrupted by unfortunate proceedings, so that I can continue to keep the Danger economy strong, raise funds for the downtrodden, and provide resources for the community that we may all bond and play together.
Objection on grounds of relevance. This is a painfully transparent attempt to garner sympathy points and is clearly unrelated to the court case proper.

I do, your honor.

I will apologize ahead of time but I will be out of town much of this weekend but I will make a concerted effort to make time to answer any and all questions.
Delightful. Bob, to the best of your recollection how much did you pay for the DLC Outlast: Whistleblower which you gifted to TC?
 

Colonel Thunder

Renowned Blunderer & Dishonorary Czech
Member
OBJECTION!

The policy has always been the same! I merely expressed my desire to update the statement on the donation page, in order to make the consistent, unchanging policy more clear.
 

Tirin

God-Emperor of Tealkind
Moderator
I agree with the examiner and even the Prosecution that that statement should be updated. When full functionality is restored to the website, I will be glad to make the changes that have technically been in place on my stream for many months.
Per your own words, TC, that simply is not the case.
 

The Hound

Just Monika
Member
I spent $10 on the DLC, I could have waited for a better sale but considering the overwhelming success that TC had playing the game I felt that it would be detrimental to the wonderful stream that TC runs. I only wanted to help and drive success and considering the positive feedback and seeming desire TC had to continuing the success I felt pressured to buy it as soon as possible.

I honestly felt like TC wanted the game to be purchased, I had no idea that he felt it was an "undiserable game".
 

Tirin

God-Emperor of Tealkind
Moderator
I see. So you not only went out of your way to purchase a game for the stream, but now no doubt you have suffered emotional damages as a result of Thunderclaw's flippant attitude regarding your donation - all the more reason that he should have to duly compensate you (and then some, perhaps, given the time that this trial is taking and the aforementioned emotional damages).

I believe that will be all I need from you, Bob. Thank you for your donation- you deserve to hear that from somebody.
 

Easy

Right Honorable Justice
Member
Be that as it may, @Tirin I'm not seeing any evidence of actual bamboozlement here - malicious or otherwise. While the Danger Video Games policy statement on donations may not have been entirely clear, and may not necessarily have been consistently applied on a per-customer basis in the past, at the Defendant's discretion, that alone isn't enough to pursue charges of Malicious Bamboozlement here.
 

Tirin

God-Emperor of Tealkind
Moderator
Your Honor, if you'll read Bob's actual statement before the commencement of the trial, he at no point charged TC with Malicious Bamboozlement nor claimed that he was the victim of as much - and my arguments have reflected his position on the matter. I'm just trying to get him the Danger that he rightfully deserves per Thunderclaw's apparent ToS at the time as it's entirely evident that he does, in fact, deserve said Danger regardless of TC's bamboozlery or lack thereof. TC's shameful lack of cooperation notwithstanding, this is decidedly a civil case wherein TC's breach of protocol and vague Terms of Service have resulted in a thoroughly unsatisfied customer who is deserving of better.
 

Colonel Thunder

Renowned Blunderer & Dishonorary Czech
Member
Per your own words, TC, that simply is not the case.
Perhaps I should be more clear.

When I said, "I will be glad to make the changes that have technically been in place on my stream for many months." that does not carry the assumption that the policy itself was updated from an original status months ago. By "many months" I was referring to the original creation of that webpage/statement, which is now a little over a year old.

My statement could have been, "I will be glad to make the changes that have technically been in place on my stream since the creation of that page, many months ago." and it would be equally true.

I will be more careful with my wordsmithing for the remainder of the trial, since the prosecution has now developed a habit of misinterpreting a statement to the greatest possible degree of their benefit.
 

Easy

Right Honorable Justice
Member
Your Honor, if you'll read Bob's actual statement before the commencement of the trial, he at no point charged TC with Malicious Bamboozlement nor claimed that he was the victim of as much - and my arguments have reflected his position on the matter. I'm just trying to get him the Danger that he rightfully deserves per Thunderclaw's apparent ToS at the time as it's entirely evident that he does, in fact, deserve said Danger regardless of TC's bamboozlery or lack thereof. TC's shameful lack of cooperation notwithstanding, this is decidedly a civil case wherein TC's breach of protocol and vague Terms of Service have resulted in a thoroughly unsatisfied customer who is deserving of better.
What charges, exactly, are you pursuing? It's beginning to sound like this is something that should be taken up with DangerVideoGames' customer service department, insofar as such a thing exists, rather than be pursued in our most highly esteemed Court of Forum Law.
 

Tirin

God-Emperor of Tealkind
Moderator
While I do understand that it may appear that way, that assessment is far from the truth. It's clear that Thunderclaw has no intention of compensating Bob with any Danger owing to a "policy" that heretofor effectively didn't exist. In any case, DangerVideoGames has no customer service department - the closest thing to the best of my knowledge is TC, who Bob attempted to engage with and was flatly shut down by.

This is not a criminal case at all, Your Honor - and while I understand that the court usually does not work in a civil fashion, you entertained the matter during my accusation against Coolpool. This is a lawsuit, and Thunderclaw is being sued to the tune of 100 Danger, a custom message on stream, emotional damages suffered by Bob and the cost of this lawsuit in terms of the time of the court, myself, and Bob. If I were to charge him, it would be with abusing his power as a representative of DangerVideoGames and treating my client unfairly in that context. In the civil sense he is clearly liable for these unfair actions and should, by rights, be obligated to pay those costs.

In point of fact, I would also like to submit that TC had fully intended to give Bob Danger until he quoted his terms of service (which did not, in fact, specifically exclude game donations from being eligible for Danger "rewards") - and then later clarified that he did not want to give my client any Danger "or else it sets of precedent of [TC] paying back EVERYONE!". It is woefully clear that Thunderclaw is not at all interested in what would be fair to my client nor the public, but solely his own gain - and he is willing to harm loyal, valuable, and caring stream viewers and community members to do it. It is further noted in some of this evidence that Outlast: Whistleblowers was "multiple streams worth of value" by Bob, suggesting that Thunderclaw lied about his playtime (in Court, no less!) and instead substituted statistical values for average playtime as found here to attempt to downplay the significance of the donation. In reality, I think that we all know Thunderclaw is closer to a "Leisure" player if not an outright incompetent one.

From this evidence, it is clear that Thunderclaw thought of himself as fully responsible for compensating Bob with Danger - however, he refused to do so on the grounds of vagueness in his terms of service and for the aforementioned (invalid) reasons. I would ask the Court to strongly consider the evidence below and previously posted in this thread, as well as Thunderclaw's behavior in the face of charity and comradery; it is anything but appropriate.


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Lastly, I would like to call Mod-Mayor @Jeroth to the stand.
 

Tirin

God-Emperor of Tealkind
Moderator
Your Honor, it's clear that this is a stalling tactic by TC - as very nearly all of his tactics have been - so I would like to request that I be allowed to question Riyant while TC cross-examines Bob, for the sake of our time limit and seeing justice through.
 

Easy

Right Honorable Justice
Member
Your Honor, it's clear that this is a stalling tactic by TC - as very nearly all of his tactics have been - so I would like to request that I be allowed to question Riyant while TC cross-examines Bob, for the sake of our time limit and seeing justice through.
Overruled, as this could detract from the perceived impact of the Defense's questioning, but I'll consider extending the duration of trial if it's clear that further examination is merited as the deadline approaches.

A reminder to @The Hound: you are still under oath.
 

The Hound

Just Monika
Member
I didn't pursue a court case first, I brought up the situation in your discord and then again in your twitch chat, both times you made my serious issue into something to spur forum activity showing no interest or regard for my complaint. I then pushed for an out of court settlement which you also denied because you demanded this trial.
 
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