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On 13/10/16 12:12, M. J. Everitt wrote: |
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> On 12/10/16 13:35, Chí-Thanh Christopher Nguyễn wrote: |
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>> NP-Hardass wrote: |
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>>> On 10/11/2016 06:22 PM, William L. Thomson Jr. wrote: |
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>>>> Again in a court, if policies and procedures are not followed, a |
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>>>> person cannot |
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>>>> be prosecuted, nor can that ruling withstand. |
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>>> Then go to council and appeal. In a court, if policies and procedures |
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>>> aren't followed, it is on the defendant to bring suit against the |
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>>> plaintiff to assert that their rights were violated. Go file your |
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>>> appeal already... |
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>> NeddySeagoon and Nick Vinson already pointed this out, but let me |
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>> repeat this again: ComRel does not operate like a court. Someone who |
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>> is subject to ComRel punishment does not get to see the evidence or |
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>> learn who is the accuser. |
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>> |
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>> Even if that person later appeals to Council, there is an imbalance. |
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>> There is a "prosecution" (ComRel) and neutral "judges" (Council) but |
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>> not any kind of defense. |
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>> |
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>> There may be good reasons for all of that, but let's not pretend that |
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>> this is like a court in any way. |
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> <snip> |
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> |
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> I think Chi-Thanh has stumbled upon the crux of the problem as perceived |
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> by a few people in this thread. It's not that there is so much a failure |
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> in procedure or policy .. its the implementation and basic conceptual aims. |
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> |
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> So, how many readers would feel 'better' about the situation if the |
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> process was actually more Balanced .. that there was some form of |
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> 'defence' as Chi puts it. I'm not saying I have any idea how this may be |
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> implemented, but from what I've seen, there hasn't even been any |
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> opportunity *whatsoever* for the accused to explain or (attempt to) |
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> justify their actions. This does give the impression that the process is |
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> broken, as it acts in a totally one-sided way, and I can easily see that |
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> I, too, wouldn't want to be caught on the wrong side of it, as everybody |
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> points out, there is no ultimate recourse once things have gone 'over |
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> the edge'. |
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> |
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> I think there is definitely merit in some form of 'mediation' project or |
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> sub-project or some-such function in Gentoo, that can act to resolve |
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> interpersonal conflicts that may occur from cultural and/or language |
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> differences between people, before they need referral to ComRel. Again, |
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> no particular ideas on how/where this should reside or be implemented, |
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> just that it might serve to to early resolution before problems |
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> escalate. Thus not requiring ComRel to get involved, or severe actions |
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> to be taken in lieu of any other methods being available/tried. |
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> |
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> Apologies for the mangled articulation ... looks like I need a coffee .. :P |
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> |
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Random follow-up thought .. |
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|
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How about appeals called the accused to answer to Council as well as |
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ComRel .. would that ever work!? |
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|
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[no, don't go flaming me down on this one .. !] |