Criticism to Efnet #mIRC - the case of bi0h4z4rd's wrongful ban.

This is the story of how an innocent user, bi0h4z4rd, was wrongfully banned, and the channel operators did nothing to help him (making him guilty until proven innocent rather than innocent until proven guilty) and I tried to defend him, like I would do to anybody else.

Efnet #mIRC
[December 17 2008 Wednesday 02:22:09 PM] * bi0h4z4rd (~bi0h4z4rd@cpe-75-84-237-30.socal.res.rr.com) has joined #mirc
[December 17 2008 Wednesday 02:22:10 PM] * herbie sets mode: +b *!*@cpe-75-84-237-30.socal.res.rr.com
Ban affects bi0h4z4rd.
[December 17 2008 Wednesday 02:22:10 PM] * bi0h4z4rd was kicked by herbie (Banned: You must be in the wrong place, this is #mIRC.)

[December 17 2008 Wednesday 02:26:20 PM] -> [bi0h4z4rd] VERSION

[December 17 2008 Wednesday 02:26:26 PM] [bi0h4z4rd VERSION reply]: mIRC v6.35 Khaled Mardam-Bey

[December 17 2008 Wednesday 02:31:34 PM] -> -bi0h4z4rd- Why'd they ban you?

P.M.
[December 17 2008 Wednesday 03:11:09 PM] <bi0h4z4rd> I dunno
[December 17 2008 Wednesday 03:11:17 PM] <bi0h4z4rd> I think it's cause of my host
[December 17 2008 Wednesday 03:11:21 PM] <Neal> Weird.
[December 17 2008 Wednesday 03:11:35 PM] <bi0h4z4rd> but none of the ops talk to me
[December 17 2008 Wednesday 03:11:44 PM] <bi0h4z4rd> cause I'm not there to ask for there help
[December 17 2008 Wednesday 03:12:32 PM] <bi0h4z4rd> if an op can msg me that'd be great
[December 17 2008 Wednesday 03:12:45 PM] <bi0h4z4rd> they dont like my host so they need to add me to the except list
[December 17 2008 Wednesday 03:12:59 PM] <Neal> Hmm.
[December 17 2008 Wednesday 03:15:13 PM] <Neal> What's wrong with your host?
[December 17 2008 Wednesday 03:15:35 PM] <bi0h4z4rd> freetrade banned it for some reason
[December 17 2008 Wednesday 03:15:44 PM] <bi0h4z4rd> a lot of lamers on my host I guess

[December 17 2008 Wednesday 03:20:52 PM] <tomalak> Neal: iirc he was being an annoying little so-and-so. But at the end of the day there is no *right* to be in the channel, so if the ops aren't speaking to him then that's just the way it is.
[December 17 2008 Wednesday 03:20:59 PM] <Neal> Okay thanks.

[December 17 2008 Wednesday 05:57:07 PM] * bi0h4z4rd (~bi0h4z4rd@75.84.237.30) Quit (Read error: Operation timed out)
[December 17 2008 Wednesday 05:57:18 PM] * biOh4z4rd is now known as bi0h4z4rd
[December 17 2008 Wednesday 05:57:44 PM] <bi0h4z4rd> is an op here?
[December 17 2008 Wednesday 05:57:54 PM] <tomalak> You are banned. Please do not evade. Thanks.
[December 17 2008 Wednesday 05:58:01 PM] <bi0h4z4rd> I'm not evading
[December 17 2008 Wednesday 05:58:15 PM] <bi0h4z4rd> I'm actually here to talk about that
[December 17 2008 Wednesday 05:58:35 PM] <tomalak> Are you using another host so that you can get in?
[December 17 2008 Wednesday 05:58:36 PM] <bi0h4z4rd> the bot autobanned me due to my bnc
[December 17 2008 Wednesday 05:58:36 PM] * caw (marwan@41.234.118.251) has joined #mirc
[December 17 2008 Wednesday 05:58:39 PM] <bi0h4z4rd> no
[December 17 2008 Wednesday 05:58:48 PM] <tomalak> No, the bot autobanned you because you are banned.
[December 17 2008 Wednesday 05:59:04 PM] <tomalak> And yes, you are.
[December 17 2008 Wednesday 05:59:09 PM] <bi0h4z4rd> I don't know why I should be banned
[December 17 2008 Wednesday 05:59:17 PM] <bi0h4z4rd> I've been in this channel for 5 years
[December 17 2008 Wednesday 05:59:19 PM] <tomalak> The ops have the right to ban anyone they please
[December 17 2008 Wednesday 05:59:24 PM] <bi0h4z4rd> I know
[December 17 2008 Wednesday 05:59:32 PM] <bi0h4z4rd> and I follow all the rules
[December 17 2008 Wednesday 05:59:33 PM] <tomalak> So don't ban evade. If you want to get in touch with an op, message one.
[December 17 2008 Wednesday 05:59:50 PM] <bi0h4z4rd> we should actuially be talking about it here because the ops don't like people chatting
[December 17 2008 Wednesday 05:59:59 PM] <bi0h4z4rd> I'm not ban evading
[December 17 2008 Wednesday 06:00:03 PM] * d00dman (d00d@12-216-125-166.client.mchsi.com) Quit
[December 17 2008 Wednesday 06:00:08 PM] <tomalak> Yes, you are.
[December 17 2008 Wednesday 06:00:14 PM] <bi0h4z4rd> umm, no, I'm not
[December 17 2008 Wednesday 06:00:19 PM] <tomalak> Whatever.
[December 17 2008 Wednesday 06:00:21 PM] * ccaw (marwan@41.234.118.251) has joined #mirc (1)
[December 17 2008 Wednesday 06:00:21 PM] ccaw joined previously as caw.
[December 17 2008 Wednesday 06:00:21 PM] * Modoc sets mode: +b *!*@41.234.118.251
[December 17 2008 Wednesday 06:00:21 PM] Ban affects: caw, ccaw.
[December 17 2008 Wednesday 06:00:21 PM] * ccaw was kicked by Modoc (Be Gone)
[December 17 2008 Wednesday 06:00:21 PM] * caw was kicked by Modoc (Be Gone)
[December 17 2008 Wednesday 06:00:23 PM] <bi0h4z4rd> this is the host I was given
[December 17 2008 Wednesday 06:00:31 PM] <bi0h4z4rd> I didn't change it so I could get in
[December 17 2008 Wednesday 06:00:56 PM] <CoUrPsE|D> But you bnc u use got banned?
[December 17 2008 Wednesday 06:01:04 PM] <tomalak> No, it did not.
[December 17 2008 Wednesday 06:01:20 PM] <tomalak> Unless it was an open proxy.
[December 17 2008 Wednesday 06:01:31 PM] <CoUrPsE|D> I dont think it needs to be discussed anyway.
[December 17 2008 Wednesday 06:01:35 PM] <CoUrPsE|D> Your banned, live with it.
[December 17 2008 Wednesday 06:02:03 PM] <Neal> I suppose we should look into the intent of the ban. ;)
[December 17 2008 Wednesday 06:02:08 PM] <tomalak> I suppose we shouldn't.
[December 17 2008 Wednesday 06:02:12 PM] <Neal> That should be more important.
[December 17 2008 Wednesday 06:02:12 PM] <tomalak> PM an op to discuss this.
[December 17 2008 Wednesday 06:02:22 PM] <CoUrPsE|D> No it shouldnt.
[December 17 2008 Wednesday 06:02:27 PM] <tomalak> Just remember that they have no obligation to give you any reason whatsoever.
[December 17 2008 Wednesday 06:02:34 PM] <tomalak> Let's stop talking about this now please.
[December 17 2008 Wednesday 06:02:39 PM] <CoUrPsE|D> I havent seen a op ban people for stoopid reasons, and even if they did, its up to them.
[December 17 2008 Wednesday 06:02:44 PM] <Neal> Tomalak, are we supposed to assume that all ops equally have access to herbie? Because I only assume 1 of them does... (just me).
[December 17 2008 Wednesday 06:02:54 PM] <bi0h4z4rd> anyways, is there an op here?
[December 17 2008 Wednesday 06:03:16 PM] <Neal> Tomalak, so you think the intent of the ban has no play in it?
[December 17 2008 Wednesday 06:03:16 PM] <Neal> Hmm.
[December 17 2008 Wednesday 06:03:23 PM] <bi0h4z4rd> ATTENTION OPS! May I please speak to someone?
[December 17 2008 Wednesday 06:03:30 PM] <Neal> Bi0h4z4rd take it easy, heh.
[December 17 2008 Wednesday 06:03:41 PM] * CoUrPsE|D giggles some.
[December 17 2008 Wednesday 06:03:46 PM] <Kollektiv> mmh
[December 17 2008 Wednesday 06:03:55 PM] <Kollektiv> I'm so going to regret that
[December 17 2008 Wednesday 06:04:00 PM] <tomalak> heh
[December 17 2008 Wednesday 06:04:14 PM] <bi0h4z4rd> Kollektiv
[December 17 2008 Wednesday 06:04:19 PM] <bi0h4z4rd> may I pm you please?
[December 17 2008 Wednesday 06:04:28 PM] <Kollektiv> go on
[December 17 2008 Wednesday 06:04:31 PM] <bi0h4z4rd> thank you
[December 17 2008 Wednesday 06:04:43 PM] <CoUrPsE|D> Now u've done it.
[December 17 2008 Wednesday 06:04:49 PM] <tomalak> Neal: no, it doesn't. this isn't a democracy. now move on please.
[December 17 2008 Wednesday 06:05:08 PM] <Neal> Doesn't have to be a democracy. Intent is vital.
[December 17 2008 Wednesday 06:05:21 PM] <tomalak> No, it's utterly irrelevant.
[December 17 2008 Wednesday 06:05:24 PM] <Neal> Intent is the difference between punching someone in the chest, and performing C.P.R. On someone.
[December 17 2008 Wednesday 06:05:32 PM] <tomalak> The ops are free to do whatever they want. You have no say, and you have no oversight.
[December 17 2008 Wednesday 06:05:35 PM] <tomalak> Now stop going on about it!
[December 17 2008 Wednesday 06:06:03 PM] <Neal> Tomalak, we figure a script banned bi0h4z4rd, remember.
[December 17 2008 Wednesday 06:06:06 PM] <Neal> It wasn't manual.
[December 17 2008 Wednesday 06:06:11 PM] <tomalak> Figure all you want.
[December 17 2008 Wednesday 06:06:20 PM] <tomalak> But permbans are manual.
[December 17 2008 Wednesday 06:06:29 PM] <tomalak> At least as far as I'm aware.
[December 17 2008 Wednesday 06:06:56 PM] <Neal> You 1st go on about how he was a troll to the channel and now you totally change your argument.
[December 17 2008 Wednesday 06:07:03 PM] <tomalak> how so?
[December 17 2008 Wednesday 06:07:08 PM] <CoUrPsE|D> 0.o
[December 17 2008 Wednesday 06:07:16 PM] <tomalak> I'm not even making an argument. I'm just trying to get you to shut up.
[December 17 2008 Wednesday 06:07:17 PM] <bi0h4z4rd> stop fretting about it, I'm talking to the ops right now
[December 17 2008 Wednesday 06:07:20 PM] <Neal> Tomalak, it's called burden of proof.
[December 17 2008 Wednesday 06:07:25 PM] <bi0h4z4rd> if I'm to remain banned then I'll /part
[December 17 2008 Wednesday 06:07:44 PM] <tomalak> Frak that; again, this isn't a democracy and it's not a debate. It's between bi0h4z4rd and the ops. Now let's drop it. Last thing I say on the matter.
[December 17 2008 Wednesday 06:08:34 PM] <Neal> Bi0h4z4rd, if someone connected to a host that was on the auto-ban list, and the intent of that script was to get rid of a certain group X, what makes you think that someone that has been here for 5 years that accidentally had that host, became a target of the ban, such that, ban evasion applies to him?
[December 17 2008 Wednesday 06:08:38 PM] <Neal> Er I mean.
[December 17 2008 Wednesday 06:08:40 PM] <Neal> Tomalak.
[December 17 2008 Wednesday 06:09:10 PM] <Neal> So the logical thing to do is to not connect to that host.
[December 17 2008 Wednesday 06:09:30 PM] <Neal> (Although if this was your 1st time here, I guess that can be perceived as something else.).
[December 17 2008 Wednesday 06:10:14 PM] <Neal> But since this channel gives gradual relationship, I don't see how why that should pertain to people that been here for 5 years (but you made the claim he was a troll, and I don't know that part).
[December 17 2008 Wednesday 06:10:21 PM] <tomalak> stfu
[December 17 2008 Wednesday 06:11:38 PM] <bi0h4z4rd> I can stay, topic closed

P.M.
[December 17 2008 Wednesday 06:12:52 PM] <Neal> I sent kollectiv that nomorepasting.com link so he can further judge your conflict.
[December 17 2008 Wednesday 06:13:14 PM] <bi0h4z4rd> wtf
[December 17 2008 Wednesday 06:13:16 PM] <bi0h4z4rd> why
[December 17 2008 Wednesday 06:13:22 PM] <bi0h4z4rd> I alreaqdy talked to him
[December 17 2008 Wednesday 06:13:26 PM] <Neal> Oh.
[December 17 2008 Wednesday 06:13:27 PM] <bi0h4z4rd> and I know why I'm banned
[December 17 2008 Wednesday 06:13:30 PM] <Neal> What'd he say?
[December 17 2008 Wednesday 06:13:32 PM] <bi0h4z4rd> he said I can stay
[December 17 2008 Wednesday 06:13:35 PM] <Neal> Ah.
[December 17 2008 Wednesday 06:13:39 PM] <Neal> Why'd you get banned then?
[December 17 2008 Wednesday 06:13:52 PM] <bi0h4z4rd> cause I /amsg a lot
[December 17 2008 Wednesday 06:13:56 PM] <Neal> Ah.
[December 17 2008 Wednesday 06:14:05 PM] <bi0h4z4rd> so sat manually banned me
[December 17 2008 Wednesday 06:14:09 PM] <Neal> Either way.
[December 17 2008 Wednesday 06:14:13 PM] <Neal> False kick message.
[December 17 2008 Wednesday 06:14:26 PM] <Neal> Sat coded herbie to auto-ban you?
[December 17 2008 Wednesday 06:14:35 PM] <bi0h4z4rd> so kollectiv said I can say until I see sat and discuss lifting my host ban

From then on... and weeks and weeks after...

[December 17 2008 Wednesday 08:27:31 PM] * bi0h4z4rd (~bi0h4z4rd@cpe-75-84-237-30.socal.res.rr.com) has joined #mIRC
[December 17 2008 Wednesday 08:27:31 PM] * herbie sets mode: +b *!*@cpe-75-84-237-30.socal.res.rr.com
[December 17 2008 Wednesday 08:27:31 PM] Ban affects bi0h4z4rd.
[December 17 2008 Wednesday 08:27:32 PM] * bi0h4z4rd was kicked by herbie (Banned: You must be in the wrong place, this is #mIRC.)