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The actual change in consequences is only to remove a proposal that was intended to make sure I could get Adminship back, which I do not want because it involves the Arbcom, and, after what has happened to me in regards to the Arbcom... Well, let's end this statement here. [[User:Shoemaker's Holiday|Shoemaker's Holiday]] ([[User talk:Shoemaker's Holiday|talk]]) 13:03, 13 November 2008 (UTC)
The actual change in consequences is only to remove a proposal that was intended to make sure I could get Adminship back, which I do not want because it involves the Arbcom, and, after what has happened to me in regards to the Arbcom... Well, let's end this statement here. [[User:Shoemaker's Holiday|Shoemaker's Holiday]] ([[User talk:Shoemaker's Holiday|talk]]) 13:03, 13 November 2008 (UTC)



'''Per Kirril's Motion'''
:I am willing to be bound by an informal agreement that I will consult the committee, and, perhaps even seek a mentor in order to prepare myself, should I wish to seek adminship. [[User:Shoemaker's Holiday|Shoemaker's Holiday]] ([[User talk:Shoemaker's Holiday|talk]]) 21:26, 15 November 2008 (UTC)


====Comment by involved party Jehochman====
====Comment by involved party Jehochman====

Revision as of 21:26, 15 November 2008

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A request for arbitration is the last step of dispute resolution for conduct disputes on Wikipedia. The Arbitration Committee considers requests to open new cases and review previous decisions. The entire process is governed by the arbitration policy. For information about requesting arbitration, and how cases are accepted and dealt with, please see guide to arbitration.

To request enforcement of previous Arbitration decisions or discretionary sanctions, please do not open a new Arbitration case. Instead, please submit your request to /Requests/Enforcement.

This page transcludes from /Case, /Clarification and Amendment, /Motions, and /Enforcement.

Please make your request in the appropriate section:

Arbitration Committee proceedings

Currently, there are no requests for arbitration.

[edit]
Open cases
Case name Links Evidence due Prop. Dec. due
Palestine-Israel articles 5 (t) (ev / t) (ws / t) (pd / t) 21 Dec 2024 11 Jan 2025
[edit]
Recently closed cases (Past cases)

No cases have recently been closed (view all closed cases).

Request name Motions  Case Posted
Amendment request: Crouch, Swale ban appeal none none 11 December 2024
Motion name Date posted
Arbitrator workflow motions 1 December 2024

Current requests

Bennett Lebow

Initiated by alygx026 at 15:10, 15 November 2008

Involved parties

alygx026 (129.174.229. (talk · contribs · deleted contribs · logs · filter log · block user · block log) filing party

Kansas7474 (talk · contribs · deleted contribs · logs · filter log · block user · block log)

Confirmation that all parties are aware of the request`



Confirmation that other steps in [[Wikipedia dispute resolution|dispute resolution]] have been tried

Kansas7474 (hereinafter "Kansas") has deleted my changes to the article on Bennett Lebow, because, according to Kansas, my statements do not "flow well". I disagree, and have asked Kansas7474 on their talk page if they would like to proceed to mediation before this arbitration, but did not receive a response. To be sure Kansas7474 received the message, I posted my request on both my (alygx026) talk page, and the bennett lebow discussion page as well.

Statement by {Party 1}

I believe Kansas7474 is simply using this encyclopedia as a public relations statement (see also Kansas' other postings) in an attempt to burnish Mr. Lebows reputation. Kansas7474, perhaps additionally operating under another name, has done everything possible to eliminate any negative statement regarding Mr. Lebow. I have added additional material to give a more balanced view of Mr. Lebow, in order to reach a more honest and neutral view of him. By Kansas' own admission, this material is accurately sourced. Kansas has eliminated my changes SEVEN times with essentially no explanation other than it was "taken out of context", or "exaggerated" (Kansas did point out one error in an article I cited, which I immediately corrected). However, after I told Kansas that if they deleted my material again, we would have to proceed to arbitration or mediation, Kansas said my information was accurately sourced, but that it does not "flow well" in the article. See talk page on 129.174.229.208 (my IP address may have been used instead of my name if I had forgotten to log in). It is obvious Kansas simply does not want any negative inferences made to Mr. Lebow, and is doing everything possible to present a one-sided positive view of him. One other user, ImmortalGoddezz, has even attempted to revert to my changes with a statement that the material I presented should not be censored merely because Kansas finds it objectionable.

I request that the changes made by myself at 1:21, 23 September 2008 be made final, with the page locked to prevent further improper editing. If it is felt that my information should be rewritten in a more compact manner, or integrated more fully into the document, I request that I be given the chance to do so, only that it be reviewed by a Wikipedia arbitrator for correctness before locking it. Otherwise, Kansas, based on their previous behavior, will simply remove any changes I make, after much work has been done.


Statement by {Party 2}

Clerk notes

This area is used for notes by non-recused Clerks.


Arbitrators' opinion on hearing this matter (0/1/0/0)

Removal Woods results by Ronz

Initiated by Seeyou (talk) at 21:40, 14 November 2008 (UTC)[reply]

Involved parties

• Seeyou (talk · contribs · deleted contribs · logs · filter log · block user · block log), filing party

• Ronz (talk · contribs · deleted contribs · logs · filter log · block user · block log)

Confirmation that all parties are aware of the request`

• [[1]] ( Ronz is noted )

Confirmation that other steps in [[Wikipedia dispute resolution|dispute resolution]] have been tried


( editwar )

( neglected previous cabalcase different subject by Ronz )

• [2]

( See paragraph RFC no : 3 removal of Woods research results )

The Batesmethod article does not mention any reliable successtory regarding improving vision naturally. However there is information presented by ophthalmology which gives slight positive results. Skeptics have since this reference has become present made many attempts to get rid of this information. Fact is there are totally no arguments to hide this minor successtory. See RFC no 3. :

According to Ronz. There is consensus to not present the Woods results. Seeyou’s comment. There is no consensus since the the skeptics can not provide one single argument for their removal. Note also there used the be a link, source ophthalmology, clearly stating the use of eye-exercise is controversial.

Statement by {Party 2}

Clerk notes

This area is used for notes by non-recused Clerks.

Arbitrators' opinion on hearing this matter (0/1/0/1)

Clarifications and other requests

Shortcuts

Place requests related to amendments of prior cases, appeals, and clarifications on this page. If the case is ongoing, please use the relevant talk page. Requests for enforcement of past cases should be made at Arbitration enforcement. Requests to clarify general Arbitration matters should be made on the Talk page. To create a new request for arbitration, please go to Wikipedia:Requests for arbitration. Place new requests at the top. Wikipedia:Requests for arbitration/How-to other requests

Arbitration Committee proceedings

Currently, there are no requests for arbitration.

[edit]
Open cases
Case name Links Evidence due Prop. Dec. due
Palestine-Israel articles 5 (t) (ev / t) (ws / t) (pd / t) 21 Dec 2024 11 Jan 2025
[edit]
Recently closed cases (Past cases)

No cases have recently been closed (view all closed cases).

Request name Motions  Case Posted
Amendment request: Crouch, Swale ban appeal none none 11 December 2024
Motion name Date posted
Arbitrator workflow motions 1 December 2024


Current requests

Request to amend Coolcat, Davenbelle and Stereotek

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

White Cat has requested the Arbitration Committee review and lift Remedy 1 in the Coolcat, Davenbell, Steretek Case.

Statement by Ryan Postlethwaite

I would suggest that this motion isn't as straight forward as some seem to think it is. White Cat was originally banned from mediating disputes because he was mediating them where he had a clear point of view and often made the situation worse. Lifting a ban on mediation would allow White Cat to request to join the mediation committee and probably free reign to mediate any dispute he feels like for the mediation cabal. I suspect that a request to join the mediation committee would be unsuccessful, but I also suspect that participants of mediation cabal mediations would not be aware of the full facts and therefore accept him as the mediator. There's little stopping him from getting involved in the highly contentious disputes where his involvement could potentially be highly problematic. To put it bluntly, whilst White Cat does some extremely beneficial work on wikimedia projects, I believe he doesn't have the right demeanor to mediate any dispute here. I've seen him jump into too many disputes head first without looking at the overall picture or understanding what it's about. I'd thereofre suggest that the ban on White Cat mediating should stay in place indefinitely - there's plenty of other things he can do here. Ryan PostlethwaiteSee the mess I've created or let's have banter 20:17, 15 November 2008 (UTC)[reply]

Statement by other user

Clerk notes

Arbitrator views and discussion

  • After discussion with White Cat and reviewing the past circumstances that lead to the sanction, I support lifting the sanction that restricts mediating. Based on my conversion with White Cat, he does not intend to immediately start involving himself with mediating disputes, but would like to be able to participate in discussions without the burden of explaining the reason for an active ArbCom sanction. Given the long length of time from the date of the sanction (Case Closed on 5 October 2005), I think it is a reasonable request and make the following motion to lift the sanction.— Preceding unsigned comment added by FloNight (talk • contribs) 17:06, November 15, 2008 (UTC)
    • Comment:Ryan, you misunderstand the current sanction. The ruling did not prevent him from requesting to join MedCom, it merely restricted informal mediation, so there is no change in status with the Mediation Committee. In general, I'm not comfortable leaving an indefinite ArbCom sanction hanging over the head of an user when lifting the sanction will cause no harm. I've discussed his interest in doing mediation, and he tells me that it is not something that he plans to do at this time. FloNight♥♥♥ 20:53, 15 November 2008 (UTC)[reply]

Motion to lift Coolcat, Davenbell, Steretek Case Remedy 1.

1) Remedy 1 in the Coolcat, Davenbell, Steretek Case is no longer in force.

There are 11 active Arbitrators, so a majority is 6.

Support:

  1. FloNight♥♥♥ 17:06, 15 November 2008 (UTC)[reply]
  2. Sam Blacketer (talk) 18:36, 15 November 2008 (UTC)[reply]
  3. Support. I'd like to clarify why I am supporting this. Mediation is a totally optional process, in all forms. By supporting the removal of this sanction, it is still possible for users who are unhappy with White Cat mediating their disputes to refuse to let him mediate their dispute, and seek another mediator. --Deskana (talk) 19:06, 15 November 2008 (UTC)[reply]
  4. Kirill (prof) 20:54, 15 November 2008 (UTC)[reply]

Oppose:

Abstain:

Request to vacate Matthew Hoffman case

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

I've also notified a couple people who were tangentally involved, they can decide if they wish to add their names. Shoemaker's Holiday (talk) 14:37, 12 November 2008 (UTC)[reply]

Statement by Shoemaker's Holiday

A few months ago, Newyorkbrad encouraged me to open a new request related to the core of this case, but the wounds were too raw, and I was unable to set out my evidence calmly at that time, so delayed.

I ask that we reopen the matter now.

In this case, the arbcom, while I was suffering from severe depression, illness, and on the verge of nervous breakdown from the monetary situation at the time - I was literally faced with being homeless - opened a case with no prior dispute resolution - I had never had so much as an RfC on me - and chose me to be a test case. In the end, combined with the other events, this forced me to drop out of university. I left Wikipedia over it, and it was only the active, constant encouragement of User:Newyorkbrad, User:Durova and a few others that brought me back after several months.

A sitting arbitrator launched a campaign of harrassment throughout the case pages, unchecked by the other arbitrators. Here are some samples. This all took place over a single bad block, made two months before the Arbcom case was opened.

In the initial lead in to the case, I had offered to let Charles Matthews take over the block, in e-mail, because there was no way that I could review it competently at that point in time. He said that was "not good enough", so I put it up on ANI.

Charles Matthews specifically says at one point that my refusal to simply to defer to his judgement is why he opened this case and pushed so hard for my desysopping:

Bear in mind, please, my approach. I intended to get Vanished user to correct this mistake, voluntarily, in such a way as could appear a personal realisation that something had not been right, something had been excessive. In such a way that no review process had been needed. An admin had reconsidered an indef block, had read the log - "gosh, that was too strong - a month is enough - didn't mean to put it that way". Unblocks, leaves a Talk page note to MH. Vanished user and I would have had a little secret. End of story: MH might have left the site, but the matter would have ended in no fanfare. Why do we have a test case? For precisely this reason: the indef block was made in such a way as to obstruct this entirely humane and non-accusatory private review, discussed as between colleagues. Now, I would treat the next bad block just the same way: private email; talk page note, "did you have a mail from me?", no topic mentioned; another private mail, saying more clearly waht the issue is; another private mail asking for attention to the matter; a further mail saying you really ought to give this some attention, and, no, we should talk before you take this to any forum. Tell me, please, whether I'm not acting in the interests of everyone? As opposed to - I start an AN/I thread saying "Vanished user blocked badly here, and here's my case", and we get an adversarial discussion. Charles Matthews 21:09, 3 December 2007 (UTC)

[N.B. I used to edit under my real name. I will be censoring it wherever it appears, and would ask that if anyone mentions it that it be immediately deleted]

As he did not get my consent immediately (though I did unblock in the end), Charles Matthews then launched a campaign of harassment against me, using the power of the Arbitration committee to harass without fear of rebuttal. A complete read through of the case pages would be necessary to see this in full, so I'll just give a couple typical comments by Charles.


His harassment was not devoted to me, he also referred to other editors in the same over-the top terms:

To quote MastCell's response to the last:


However, Charles did not act alone, he was aided and abbetted by the other arbitrators, who actively defended his right to harrass me:


Furthermore, the arbitrators were clearly not interested in anything I had to say in my defense: The case opened on 17:40, 2 December 2007 [4]. Within 13 hours of this, and before I had had the chance to provide a single word of evidence in my defense, Uninvited Company set out proposed decisions saying my statements were not borne out by the facts, to sanction Chaser for not having unblocked Matthew Hoffman, and to suggest I be desysopped.

The problems with this case have been pointed out for several months, but the Arbcom have refeused to deal with it, even to simply remove the harrassing comments by Charles Matthews.


A proposal I made during the case that I be desysopped immediately, in exchange for the case stopping, because of the health and RL problems being severely aggravated by having this case going on as well, was rejected by the Arbcoim in favour of dragging it out, coninuing the case, then opening an RFC. However, in July, the personal details I had volunteered in an attempt to get them to agree to my proposal were thrown back in my face:

"Since the full circumstances of the de-sysopped user were disclosed to the AC in confidence, the only appropriate way for this user to regain the tools is to convince the AC – the only group of users with full knowledge of the situation – that the circumstances have changed such that we have confidence in his ability to handle adminship without problems." - Morven, on WP:RFAR, 23:41, 17 July 2008 (UTC), seconded by Kirill.

The arbcom have very consciously put me in a situation where only a full discussion of my private problems will prevent them from using them to say that the community is unable to comment on my situation, and that they should have the sole right to discuss what should be done with me. I do not trust myself to comment on their behaviour regarding that matter. Suffice to say that when I DID make a disclosure of some of the health problems of that time, e-mails I received from them afterwards criticised me for not being detailed enough, because I had still wished to maintain some sense of privacy.


Other users have agreed that there are problems with this case:

Likewise Raymond arrit et al, Filll, and numerous others, see the last third of the Proposed decision talk page.

I do not care about getting my adminship back, and I accept that the block was incorrect. However, for my own mental health, I want to put this behind me. Likewise, the campaign of harassment is a blight on the arbcom, and I ask the arbcom to vacate it, in full. As it stands, this case remaining is a statement that, if you upset an Arbitrator, the Arbcom reserves the right to open a "test case" against you with mno proevious dispute resolution, and allow the arbitrator to harass you off the site.

Furthermore, the Arbcom's self-regulation is clearly not working. A basic principle needs to be put in place that all Arbcom decisions can be appealed by the community.

For obvious reasons, I will be crossposting to WP:AN, as I'm afraid that for some reason, I don't really trust the arbcom to judge this case fairly.

Thank you,

User:Shoemaker's Holiday, a.k.a. Vanished user. 14:00, 12 November 2008 (UTC)[reply]

P.S. If the committee would like, I can send them copies of some of the e-mails I got from Charles, or provide other evidence.

Response to Tznkai:

I am requesting the entire case be declared a miscarriage of justice, or, in less inflammatory language, a mistake. That doesn't mean the actions would necessarily be reversed, e.g. me getting sysop back, but the pages should be blanked or something, and the decisions declared no longer part of Arbcom case law. At this point, any other action validates the three-month harassment I went through as part of this case. Shoemaker's Holiday (talk) 14:15, 12 November 2008 (UTC)[reply]

Response to Kirril: Just blank all the pages and leave a note saying it's been withdrawn. That, or something similar, would be sufficient. There's some very nasty stuff on there. I am sorry about this, and I had really hoped we could have dealt with this less publicly, but, well, now that it has been, it's hard to see any other path forwards... Shoemaker's Holiday (talk) 06:55, 13 November 2008 (UTC)[reply]

Response to Sam

In this case, the findings of an arbcom-initiated RfC Wikipedia:Requests for comment/Vanished user were overturned to make a provisional desysop. I am not asking for adminship back and am fully aware that under the current RfA culture I probably never will. What I am asking is for the committee to accept that keeping up an attack piece, where a sitting arbitrator calls people "moral midgets", "dogs", and worse, and in which they harassed a user into a complete breakdown, and then in July unethically used confidential information about that user's health to continue their harassment is something they should not be doing.

What, precisely, in the current decision is so important that it must remain a year afterwards, and how does it justify the gross personal attacks, harassment, and other such things? The only thing that would change by this case being vacated, is that, if I triedd to run an RfA - which I would of course, have no chance of passing, the Arbcom, out of concern for my mental health, would not be able to villify and continue their harassment, by pretending to know anything about my current state of mental health, now that I am not facing being homeless and starving to death, because they knew what my mental health was like when both those things were true. I will urther add that the committee ignored all this information about my health during the case, but only gave any sign they had any knowledge of it at the point they used it to attack me.

The Arbcom has violated my privacy, been part of a harassment campaign against me, and, in July, insisted that I must make a public statement of my private medical details or they would continue holding power over me forever. Show some basic ethics, and stop trying to justify the harassment. The Arbcom has violated basic confidentiality by snidely revealing my health details in July in such a way to make things sound even worse, forcing me to reveal them. Please stop compounding your offenses and let's make a full break with the past, so we can all move on. The longer the Arbcom continues to defend their past bad actions, the more these actions begin to look less like mistakes, and more like intent. Shoemaker's Holiday (talk) 11:09, 13 November 2008 (UTC)[reply]

However, I am willing to have Newyorkbrad or FT2 as a mentor if that will help ease the committee's misgivings about making the basic ethical decision.


Second response to Sam

Very well, let's put it aside. You have evidently not looked at the remedies in the case, or it would have been clear that there is very, very little that would be overturned The only restriction that came out of that case was my desysop, (which would not change) and the right to regain the sysop after 6 months by appeal to the committee, with a probation to follow. FT2's commentary makes it clear that this was intended to protect me, in order to assure that I can get adminship back again.

The actual change in consequences is only to remove a proposal that was intended to make sure I could get Adminship back, which I do not want because it involves the Arbcom, and, after what has happened to me in regards to the Arbcom... Well, let's end this statement here. Shoemaker's Holiday (talk) 13:03, 13 November 2008 (UTC)[reply]


Per Kirril's Motion

I am willing to be bound by an informal agreement that I will consult the committee, and, perhaps even seek a mentor in order to prepare myself, should I wish to seek adminship. Shoemaker's Holiday (talk) 21:26, 15 November 2008 (UTC)[reply]

Comment by involved party Jehochman

This case was handled badly. I think it would be a very good to erase it completely, on grounds of procedural unfairness. As there is no request to restore adminship, I see that the only action required is for ArbCom to acknowledge this open secret. Jehochman Talk 14:11, 12 November 2008 (UTC)[reply]

Thebainer, the remedy sought is to have the case vacated. The person in question is not asking for their admin tools back. Given the severe incivility contained in that case (moral pygmy, meddling hypocrite), and the very poor treatment by the Committee of the person making the request (RFAR with no prior DR, insufficient time allowed to present defenses), I think the request is reasonable. By failing to correct these problems when the request comes before you, you all assume responsibility for these events, even if you were not on the Committee at the time they occurred. Jehochman Talk 14:26, 15 November 2008 (UTC)[reply]
Sam Blacketer, allowing the person in question to go back to RFA is hardly a concession. Their chances of passing RFA are dim to none. If they want tools back, the easiest way is via the Committee. Perhaps the case can be replaced with a statement that the user gave up the tools under a cloud and can get them back via RFA or appeal to the Committee. Jehochman Talk 14:30, 15 November 2008 (UTC)[reply]

Comment by uninvolved party Barberio

The manner in which this case was accepted is at best inappropriate opening of a case without allowing it to go through normal channels of having a block overturned. At worst, it appears to be an attempt to game the system by a sitting arbitration member pushing for a speedy resolution in his favour without giving a chance for rebuttal or defence.

I'm also unsettled by the use of 'secret reasons' for the desysop and block on re-admitance. Nor does the remedy sit well with the committee's actions towards more 'establishment figure' administrators who have had similar 'isolated bad decisions'.

In my eyes, the case wasn't taken on correctly, and not enough time was given for a defence. So this case was not legitimate, and none of it's findings or remedies should be active. It should be erased and apologised for.--Barberio (talk) 15:37, 12 November 2008 (UTC)[reply]

Response to Sam Blacketer

With all due respect, the Arbitration process is a quasi-legal process, and claiming it isn't makes you appear to deny the reality of how your own committee works, much in the same way people claim there is no bureaucracy in Wikipedia. This is not unusual, quasi-legal processes exist in many associations, such as 'courts' that rule on FIA motor sports rule infractions. You need to recognise that this is a quasi-legal process, and act appropriately.

So since it is a quasi-legal process, you need to make sure your actions don't prejudice someone's case, you need to be as clear and open as you can be, and you need to apply suitable fairness.

You are explicitly not the fire-fighting team tasked with making quick emergency actions. You are supposed to act deliberatively, and urgent injunctions should be injunctions not rushed rulings. If you do not know the difference between an injunction and a ruling then you probably shouldn't be ruling on cases.

It is well within your power to make a temporary injunctions, and then investigate a case deliberatively. Failure to do so puts the legitimacy of the rulings at risk. --Barberio (talk) 11:46, 13 November 2008 (UTC)[reply]

Additionally, it is my opinion that the current ArbCom claim they do not set precedent, while acting like the do. This appears to be a misunderstanding of what the word precedent means... If you have used the same 'principles' from one case, to another, to another, that is use of precedent. This is standard practice by the ArbCom.

Again, denying you use precedents when you clearly do signals a misunderstanding of your own role.

Combined with the growing attempts to create policy, and hang 'resolutions' such as Motion of clarification in the Tobias Conradi case up as binding rulings, is troubling. --Barberio (talk) 11:53, 13 November 2008 (UTC)[reply]

Comment by Durova

This request was opened overnight without my knowledge, and I read it on my first cup of coffee. In the interests of avoiding another arbitration, I urge the Committee to consider this motion. In addition to other objections, I have reason to believe the case was initiated upon misleading representations. DurovaCharge! 15:47, 12 November 2008 (UTC)[reply]

Where a user is being disruptive...the key issue is the disruption... Sam, Shoemaker's Holiday was an administrator in good standing until this out of process case opened against him. He is now an administrator in good standing at Wikimedia Commons. He has been instrumental to getting Wikipedia's featured sound program off the ground, is doing stellar work for the new 'song of the day' main page section on Wikisource, and is in good standing in all other WMF projects where he participates. There has never been any formal dispute resolution action against him, except related to this case. Shoemaker's Holiday has contributed over five dozen featured content items across multiple projects. What more must a man do to demonstrate he is not disruptive, once a bad arbitration case labels him as such?
The case was opened based upon a single month-old block which he had long since put up for noticeboard review, while he was offering to submit it for a second review. He answered all other relevant concerns to the satisfaction of community consensus, during the RFC for which the arbitration was suspended. Yet the arbitrators never substantially changed the proposed decision that had been posted in the first twelve hours of the case, before he had any chance to defend himself. Voting proceeded despite his requests for time to study for university final exams, and the time it took away hurt his grades. I fail to see what purpose is served by retaining this case, other than as a showcase example for critics of ArbCom to demonstrate the Committee's inability to correct its errors or rein in its members, when they level personal attacks. DurovaCharge! 01:14, 14 November 2008 (UTC)[reply]
Kirill, I agree that Wikipedia arbitration does not observe the precedents of case law. So far as I know, no prior case has been vacated because there has never been so much cause to do so as here. DurovaCharge! 04:00, 14 November 2008 (UTC)[reply]

Comment by Martinphi

I seriously question whether he stayed away from Wikipedia for several months. My memory is that he was logging into the admin IRC network under his real name immediately after his case closed. Yes, Shoemaker appeared 18 February 2008 [5], while the case was closed 13 February 2008 [6]. Yet, Shoemaker states above "I left Wikipedia over it, and it was only the active, constant encouragement of User:Newyorkbrad, User:Durova and a few others that brought me back after several months." Whether or not he believes this to be true, I cannot say. If he believes it, he's in no condition to be an admin again. If he doesn't, he's in no condition to be an admin again.

I have been the victim of his continued harassment since I took part in his ArbCom and RfC. If any action would give him back his admin tools, then I strenuously object, as he has continued to be an abusive editor since his desysopping. He already tried, by the regular means, to get his tools back at an RfA. He lost. He has lost the trust of the community. ——Martinphi Ψ~Φ—— 20:42, 12 November 2008 (UTC)[reply]

My memory is also that while the ArbCom did not adhere to strict protocol in the case, it nevertheless went out of its way to ensure a full and just hearing of the case. It actually suspended the case pending an RfC. I have absolutely no doubt that if the ArbCom had seen anything in the RfC which indicated that Vanished user should keep his admin buttons, the ArbCom would have revised the case. Indeed, I am fully convinced that there were things which Vanished user could have done to keep his buttons: he could simply have said he was wrong and wouldn't do it again. He didn't. I told him how to keep his buttons, and he didn't do it. I believe the ArbCom was open to being convinced that their initial judgment was wrong, and the RfC failed to convince them. Certainly, Vanished user had many friends, who essentially said "he fights trolls, so excuse him." But that's not an excuse, and the ArbCom knew it. ——Martinphi Ψ~Φ—— 21:29, 12 November 2008 (UTC)[reply]

Comment by uninvolved party Verbal

I have only recently become aware of this, and fully endorse Jehochman's view: it would be very good to erase it completely. This was bad procedure and sets bad precedent. It should never have happened. Verbal chat 21:56, 12 November 2008 (UTC)[reply]

Response to Krill: I think blanked and vacated would be the best option here. Verbal chat 09:32, 13 November 2008 (UTC)[reply]

Response to Kirill by uninvolved Ncmvocalist

A case was vacated earlier this year, though I'd prefer slightly different wording. If it is to be vacated, perhaps the Committee can vote on a motion that will replace (blank) what's on the case pages: "The Committee declares that the decision viewable in the history is vacated and not in effect. The history of the case pages are preserved for transparency." The Committee may need to issue a further report, or further statements that can hopefully help heal the wounds of those involved. Ncmvocalist (talk) 05:03, 13 November 2008 (UTC)[reply]

Additionally, it would involve removing the case from the archives. Ncmvocalist (talk) 09:24, 13 November 2008 (UTC)[reply]
(I'm still reviewing this request, but meanwhile a question.) What case was vacated earlier this year? Newyorkbrad (talk) 13:14, 13 November 2008 (UTC)[reply]
Brad, I think he is referring to Wikipedia:Requests for arbitration/Orangemarlin. MBisanz talk 13:18, 13 November 2008 (UTC)[reply]
Indeed, that's the one - granted, the circumstances were of course somewhat different in that case, I bring it up as an example of how one has been vacated in the very recent past. Ncmvocalist (talk) 05:44, 14 November 2008 (UTC)[reply]

Statement by Chaser

I was tangentially involved in this case. For the reasons stated by Durova above, I think the committee should simply blank the case, leaving Shoemaker's Holiday without his bit, but removing the restriction on how he might get it back. His not asking for it back gives ArbCom a good opportunity to correct their error without forcing them to the logical conclusion of making him an admin again.

The comments below belie how ArbCom decisions are treated in the community. ArbCom de-sysopping has been called the kiss of death for former admins returning to RFA; this was true for Shoemaker's Holiday despite the name change. Negative FoFs in a case follow editors (particularly project-space heavy editors) around the wiki. The final decision included adding a note to Hoffman's block log that ArbCom found the blocks to be unjustified. Shoemaker's Holiday, still an active editor, deserves at least the same consideration as someone no longer contributing here. He is asking for the Committee to once again officially acknowledge a mistake, but this time its own. In practical terms, replacing the page's contents with a big notice that the case has been vacated, à la Orangemarlin, is appropriate.--chaser - t 22:11, 14 November 2008 (UTC)[reply]

Clerk notes

Arbitrator comments

  • I'm open to doing something constructive here in principle; but I'm not quite sure precisely how that might be framed. Arbitration cases are explicitly not binding precedent (and not really even advisory precedent); so the "case law" analogy doesn't really work. We don't, therefore, have any established method for vacating a case, per se—overturning it, yes, but not vacating it. What would you like to see in practical terms? A blanking of the case pages? A motion naming the case as being "vacated"? Or something else? Kirill (prof) 01:53, 13 November 2008 (UTC)[reply]
  • Commenting in general, I think that there is here too great an assumption that arbitration on wikipedia works in a quasi-legal fashion with notions of fairness to the parties applied as they would be in a criminal law case in an adversarial court system. That is not how it works. The concept of fairness applies primarily to the project as a whole. Where a user is being disruptive for matters outside their control, then arbitrators must still act to restrict them to prevent disruption even if doing so appears to be unfair or harsh on the user. To express it another way, the key issue is the disruption and not what lies behind it. In this immediate case the active members of the committee at the time (I was not participating, having only just been appointed) have apologised for the way the case was handled, but not for the decision.
Where that does come in is when we assess whether to remove restrictions. If a user has been disruptive because of some definite cause, and that cause no longer applies, then we ought to remove any restrictions placed on them because they are no longer needed. In this case I see a great deal of argument about whether the original case was decided appropriately but I see precious little to inform me about what positive actions are requested, and how they would benefit Wikipedia. I would like to see this point argued before I go to vote. I endorse everything Kirill says above about the uselessness of 'precedent'; the committee refuses to be bound by precedent so in effect it does not exist as such. Sam Blacketer (talk) 10:41, 13 November 2008 (UTC)[reply]
Response to Shoemaker's Holiday: I'm afraid that yet again a request for information about how to benefit the project going forward has been met with information about how decisions in the past were wrong. The most that I think can be done is to courtesy blank the Matthew Hoffman case, and I'm willing to support that, but formally 'vacating' it would be a meaningless act. I am at a loss to know how you interpret Morven's comments as an invitation to disclose confidential information to the community: they are instead plainly a statement that any application for your resysopping should go to the committee in order to preserve confidentiality. As you are not at present applying for resysop the issue does not arise anyway. Sam Blacketer (talk) 11:37, 13 November 2008 (UTC)[reply]
  • What remedy do you seek? I doubt the Committee would consider revisiting the outcomes, given the facts as they existed then and now. Blanking would achieve little, given that your account was already renamed, the case of course existing under the username of the user you blocked. If people are in a mood to be revisiting things, then let's revisit the discussion of problems in our admin culture that was the substratum to the case, which has not proceeded in all this time. --bainer (talk) 02:33, 14 November 2008 (UTC)[reply]

Motion

1) All pages of the Matthew Hoffman case shall be blanked and replaced with a notice that the case is vacated. This is done with the understanding that Shoemaker's Holiday (talk · contribs) shall consult with the Committee should he wish to become an administrator.

Support:
  1. Kirill (prof) 21:01, 15 November 2008 (UTC)[reply]
Oppose:
Abstain:

Clarification on arbitration restrictions with respect to ArbCom election

How do my arbitration restrictions apply with regard to the current ArbCom election? Specifically, I am barred from communicating with and even acknowledging the existence of one of the candidates. Will the ArbCom allow me to submit questions to that candidate as part of the process? Furthermore, will I be allowed to take part in the vote on his candidacy? This is a request for clarification, not an appeal. Everyking (talk) 23:16, 11 November 2008 (UTC)[reply]

I want to stress, going back to the crux of the entire case in 2005, that the right to ask questions or vote is something I am happy to sacrifice—provided the same restriction applies to Phil Sandifer. The crux of the case was that Phil wanted to preserve his right to criticize me while depriving me of my right to criticize him; the reason our pre-arbitration agreement fell through was because he chose to speak critically about me while I had already agreed to refrain from speaking critically about him. All I have ever asked with regard to Phil Sandifer is that the ArbCom treat us equally and apply either mutual restrictions or no restrictions; currently, restrictions apply only to me, treating me as a stalker and harasser while making Phil appear to be a victim, which is a smear on my reputation—and that's the central reason why I have objected so frequently and vigorously to these sanctions over the last three years. So in effect what I am asking in this particular matter is that the ArbCom either grant me the right to question and vote or formally withdraw Phil Sandifer's right to question and vote in the event that I were to run for ArbCom (which I am not planning to do this year).

Another situation also comes to mind: AfDs. On several occasions, Phil has nominated articles for deletion when I felt they should be kept, but because historically the ruling has always been interpreted contrary to my interests, I was afraid to actually register my opinions in the AfDs. Will the ArbCom on this occasion clarify whether the ruling should apply to AfDs? Mind you, the same situation as above applies here: I am happy to sacrifice this right if the same restriction is applied to Phil. Everyking (talk) 06:54, 13 November 2008 (UTC)[reply]

Based on the comments from the arbitrators so far, I gather that there is a strong consensus in favor of letting me vote and a somewhat weaker consensus in favor of letting me ask questions. I doubt that I will ask Phil any questions, but if I do I will be careful to do so in as uncontroversial a manner as possible. Would it now be possible for the arbitrators to also comment on the issue of AfDs, as I mentioned above? Everyking (talk) 05:17, 14 November 2008 (UTC)[reply]

Response to Jehochman

This request is about allowing me the opportunity to participate in the election on an equal basis. I have no particular question in mind and I don't know if I would make use of the opportunity to ask a question. I would certainly vote, though, if that was allowed. Everyking (talk) 00:43, 12 November 2008 (UTC)[reply]

Comment by Jehochman

I am unfamiliar with the details of this case. In general it would be a step towards civility if editors did not view these elections as an opportunity for target practice with their favorite throwing axe. No, conflicts should be sorted via dispute resolution. An oppose vote should be allowed, even if the editors have a history or if there is an injunction prohibiting interaction. However, asking loaded questions or placing an excessive volume of criticism on the candidate's discussion page might be disruptive. This standard should also be considered for our requests for adminship process. Jehochman Talk 00:29, 12 November 2008 (UTC)[reply]

Comment by Scott MacDonald

I'm not really getting this. Sure, Everyking should be able to record his inevitable "oppose" to Phil's candidature. But what on earth can be his pressing need to ask an election question? If he's restricted from interaction, then he shouldn't interact. Let's face it, it isn't as if candidates are going to be so short of questions that Everyking is going to have a pressing need to interrogate. Pragmatically, his question is unlikely to make any difference to this election at all. (And, on the odd chance, his question is uniquely profound, he can phone a friend to ask.)

Frankly, this looks like an opportunity to wikilayer in a way that looks on paper justified, but in truth is drama for no return. When people are put under sanctions, then there is a cost - thankfully, the cost here is a "right" that Everyking neither needs, nor the exercise of which would be in least beneficial to the project. --Scott MacDonald (talk) 14:37, 12 November 2008 (UTC)[reply]

Comment by Ultraexactzz

In theory, objectionable questions can be removed if consensus deems them offensive or unacceptable in some fashion. I have no particular preference or request for the committee in favor or against permitting Everyking's participation, but I would note that a process exists for removing problem questions. Similar rules exist for voting, where votes with personal attacks or other shenanigans can be truncated or removed entirely. Looking from a process standpoint, then, there is little to fear from a user posting objectionable questions or votes, as both would swiftly be removed.

Scott MacDonald raises an interesting point, as the sanction - as currently worded - might preclude even a vote in the election, such vote being construed as a "comment about..." which is prohibited. Everyking is an eligible voter - being under Arbcom sanction does not itself disqualify him or anyone - so I might recommend that the committee either explicitly permit him to cast a vote, either normally or without further comment, or alternatively, permit him to cast a proxy ballot in some fashion yet to be determined. Either way, the committee's decision clearly did not contemplate a situation like this, so a clarification is definitely in order. UltraExactZZ Claims ~ Evidence 21:29, 12 November 2008 (UTC)[reply]

Clerk notes

Arbitrator comments

  • I do not think the existing restrictions can reasonably be construed as forbidding Everyking from posing general questions to, or voting for or against, the candidate in question. Tentatively and subject to further input, although the literal interpretation is more debatable, I would also oppose interpreting the restrictions so as to bar Everyking from posing individualized questions to the candidate, although any questions focusing on the events of several years ago that led to the restrictions (which events I have not studied in detail and have no comment on) should be avoided. Before a consensus is reached here, however, a Clerk should kindly provide Phil Sandifer with notice of this thread. Newyorkbrad (talk) 00:07, 12 November 2008 (UTC)[reply]
  • I broadly agree with NYB here. The matter of individual questions is, admittedly, somewhat more vague than one of general questions (which, in the current structure, are posted to a central page and therefore don't constitute interaction in any case) or voting; but I am inclined to let you ask questions freely, so long as they don't cross the line and become harassment of a candidate—which should already be covered by standard conduct policies. Kirill (prof) 00:56, 12 November 2008 (UTC)[reply]
  • Agree with the above; as long as Everyking is asking reasonable questions in a calm way, he ought not to be prevented. Sam Blacketer (talk) 10:43, 13 November 2008 (UTC)[reply]

  • Many users are aware there has been historical "bad blod" between these two, so any questions asked will surely be reviewed with that knowledge. If the questions are fair and good ones, then I would not wish Everyking to be deprived of sufferage to ask them. Whoever is appointed he will have to live with it. Because of the history though, a pointy or "biased" style of questioning or vote comment, or a question that was not asked in a fair and balanced way, might get seen negatively, and may result in a decision that it's best to separate them again (or at least have the wording of his questions checked before posting).

    So on principle, I would not interpret the existing decision to prevent Everyking asking reasonably useful questions to Phil Sandifer as a candidate, and I would not interpret them to prevent him voting. I would not intercede if he happened to state fairly, "I do not feel confident in you" or explained any concerns in a balanced manner, for example. But if the questions or vote did cause concern, or became a rehash of past history cases, then I would look for Everyking to be responsive to others, and if necessary, for intervention or "sanitization", to ensure it isn't misused. Bottom line is, yes, he has the right to ask sensible and fair questions and to cast a vote of his opinion. Just not a right to misuse or "platform" in doing so. FT2 (Talk | email) 13:11, 13 November 2008 (UTC)[reply]

  • I agree with Newyorkbrad. General questions and voting by you on all candidates would never have raised on eyebrow by anyone. Since Phil Sandifer chose to run for a position where listening to heavy criticism by users is the rule rather than the exception, his ability to answer a few fairly worded question should not be a problem. If the questions cross the line to harassment then our usual user conduct standards as well as the sanction can be applied by the community. Unsolicited advice (so feel free to ignore): Everyking, I encourage you to use your suffrage as a way to impress the Community with your ability to participate in a way that adds good value to important Community matters. I see this as an excellent opportunity for you to change some minds about your ability to review situations and make appropriate insightful comments about a matter. FloNight♥♥♥ 19:02, 13 November 2008 (UTC)[reply]

Motion to amend Bharatveer case

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

Statement by Toddst1

Bharatveer (talk · contribs) has a long history of disruption of Wikipedia, particularly on India-related articles. Before and as the subject of remedies and restrictions from the previous RFAR, he or she has been blocked numerous times for 3RR violations, parole violations and most recently by me for incivility and disruptive editing, bringing the number of blocks to a total of 10. 4 of these blocks occurred after the previous RFAR. The restrictions and remedies meted out in previous RFAR: Wikipedia:Requests_for_arbitration/Bharatveer#Remedies expired 3 weeks ago on 21 October 2008.

Since the subsequent blocks are the result of very similar issues to the previous RFAR, (reverting in violation of restriction, 3RR, incivility) and it is clear that this problematic editor has not changed his or her problematic pattern of editing, I am asking that the duration of the previous remedies and restrictions be extended for at least another year, and possibly tightened at the committee’s discretion.

Response to bainer's question: I couldn't call my involvement a content dispute:

I hope this helps.Toddst1 (talk) 02:38, 12 November 2008 (UTC)[reply]

While I welcome a review of my actions here (as I did at ANI), I ask that the arbs review the statement by Dseer from the original case as I think it is applicable and appropriate here - specifically the part about dealing with other editors. (I haven't observed any bigotry) Toddst1 (talk) 14:55, 12 November 2008 (UTC)[reply]

Statement by Pectore

While Bharatveer has some major editing issues (I would personally suggest a long Wikibreak, as that should clear the ol' cranium a bit), we need to look at the conflict on such pages more holistically and perhaps look at other users involved in this edit-warring. My philosophy is that it takes two to tango, and that as a failed mediation case shows, there is a gigantic dichotomy of perception between certain groups here. Incivility and belligerence is sadly the norm on both sides of the dispute, and I've certainly witnessed some vile invective and falsification, the most humorous from users discussing the validity of english language sources who can barely speak English themselves.

Point by point look at issues raised.
  • Hindu Taliban is a gigantic neologism. I personally think its notable and would not vote delete on it, but a report filed by some trolling IP is meaningless. South Asian articles are filled with these ideologues, hoping to gain their fifteen seconds of fame. Unless we see more evidence of wrongdoing, theres nothing here to go off of. I can see where BV is coming from on this issue, but I think there is enough legitimate criticism of such a nebulous term that he is missing by concentrating solely on elimination.
  • The Binayak Sen article is a huge clusterfuck. The article needs to be shortened, and Bharatveer's version made the article almost readable. If anything he should be commended for confronting a hagiographical IP warrior.
  • Chandrayaan - Bharatveer is definitely at fault here. I see no reason to remove the statement of Obama. The world revolves around America, get over it. However, let us see what BV has to say. ;)
  • His accusations hardly merit a block in any way. There is no justifiable basis for using an almost civil statement as a pretext for a punitive block, when that is not even the purpose of a block.
  • Wikipedia:Ani#Block_review_please brought no real consensus. Moreschi supported the block, Gnagarra didn't.
  • Also I would request Bainer to bring forth his evidence of Todd's edit warring, so that we can view that in light of Todd's case.

Ayubowan.Pectoretalk 04:56, 12 November 2008 (UTC)[reply]

Dseer = worthless evidence

Dseer appears to be little more than an attention-craving troll, whose testimony is extremely suspect. He seems to be an ideologue, whose evidence was countered by a few users 1, 2. Both these users certainly had their own issues, but pretending Dseer was an honest, unbiased, productive, user is a gigantic stretch, one that I would not expect someone like Todd to make.Pectoretalk 02:25, 13 November 2008 (UTC)[reply]

Otolemur crassicaudatus

Pot. Kettle. Black. Really? Here's what 30 seconds of digging got me

  • Removing an extremely well sourced criticism of the Communist Party of India. Hmm, interesting how you accuse Bharatveer of the same
  • Use of ideologues (Arundhati Roy) to create illusions of societal criticism [7][8], when under no interpretation of WP:RS or WP:BLP is such non-expert testimony welcomed.

Again, pot, kettle, black. What we have are two users in glass houses throwing stones at each other. lol.Pectoretalk 02:43, 13 November 2008 (UTC)[reply]

Statement by User:Bharatveer

I believe that User:toddst's response results from his non-implementation of a core WP policy of "Assuming good-faith". According to User:Toddst, he started his "actions" after an ANON reported at AIV AIV_editdiff(12:01, 11th November). Please see the article Binayak Sen. Please note that many WP editors (including me) have reported the edits of this particular SPA even before.)see Talk:Binayak Sen & my request for intervention at User:Flewis's talkpage (edit_diff@User_Flewis)(Time 11:48;10th November). Please see my contributions at Binayak Sen. I had tried to clean up that article within WP policies and guideline. I had tried to add more references and I had tried to "balance" the article by "removing" statements from different organisations, which was "irrelevant" to the article. Please see how another uninvolved editor (User:Shovon) also tried to bring admin intervention in the article. User:Toddst instead of seeing all these has in turn accused me of WP:OWN.

Just after this, he made a string of edits ( wikistalking) where he tried to modify/ remove most of my edits in different un-related pages (please see http://en.wikipedia.org/wiki/Special:Contributions/Toddst1).(Articles include Tehelka, where he "moved" my added reference to another section; Hindu Taliban, an afd page initiated by me , where user:Toddst personally attacked me and finally at Chandrayaan.

Please note User:Toddst's remark at AFD page and his conclusion of my edits in Chandrayaan page. It will be very clear that User:Toddst instead of "Assuming good faith" is doing just the reverse. He says "You really seem to be on a roll here. What's up with this edit? It seems like the information you are removing is well sourced, well placed, and on topic. Frankly your action here looks like either vandalism or POV pushing. Stop. Toddst1 (talk) 13:02, 11 November 2008 (UTC)" In this case , I had just removed "politics" from a "scientific" article( note that comments from NASA & ESA were not removed). User:toddst needs to explain his edits here as to why he felt my edits were "Vandalism". I would like to conclude my statement this arbcom proceeding need to stopped as it is very clear that there is nothing "substantial" in User:Toddst arguments. Also please note User:Toddst attempts to gather "support" (from admins who had previously blocked me).-Bharatveer (talk) 05:56, 12 November 2008 (UTC)[reply]

Please note User:Toddst's reason for blocking me([http://en.wikipedia.org/w/index.php?title=User_talk:Toddst1&diff=prev&oldid=251093994 edit_diff@todd).-Bharatveer (talk) 06:03, 12 November 2008 (UTC)[reply]

(Transcribed from User's talk page)

Statement by Otolemur crassicaudatus

Bharatveer (talk · contribs) has a history of chronic POV pushing in India related articles which is primarily characterized by an extreme form of Hindu fundamentalism. I am giving here only a few examples of his disruptive edits:

Bharatveer is a pro-Hindutva POV pusher and is well versed in misinterpretation of various Wikipedia policies to serve his own POV. His contributions are primarily in India and Hindutva related articles, and with POV. He was warned many times, but did not change his behavior. This is the time to take final decision. Otolemur crassicaudatus (talk) 10:08, 12 November 2008 (UTC)[reply]

Further false accusation by Bharatveer

After my statement above in this case, Bharatveer has falsely accused me of making personal attack against him. I have asked him to point out where is the personal attack. Per WP:NPA, Accusing someone without justification of making personal attacks is also considered a form of personal attack. Bharatveer has already crossed the line and I hope the arbitrators will be able to find a solution to deal with this user. Otolemur crassicaudatus (talk) 15:14, 12 November 2008 (UTC)[reply]

Statement by Tinucherian

I regret to say Bharatveer (talk · contribs) has a long history of POV pushing, edit warring and disruptive editing on Hinduism and Christianity and other religious violence related articles.

With all these disruptive editing , It is clear that Bharatveer is hindrance to very purpose of Wikipedia. He was warned many times, but never did he try change his behavior and be constructive. -- Tinu Cherian - 05:33, 13 November 2008 (UTC)[reply]

A RFCU on Bharatveer Wikipedia:Requests for checkuser/Case/Bharatveer was filed to help arbitation. -- Tinu Cherian - 12:35, 13 November 2008 (UTC)[reply]

Statement by googlean

I am too very sorry to comment that Bharatveer has a history of disruptive editing in religious articles, especially POV hands in Hinduism and Christianity related stuffs. I wish to present some evidences below:

  • Later, in this edit, he removed a reliable source of NDTV & pushed pov from an unreliable source.
  • I later moved to RS/N to gather more opinions. However, instead of discussing the issue, Bharathweer started edit-warring with me over that unreliable source in Religious violence in Orissa.

With above interactions with me, I strongly feel that Bharathveer has POV hands in Hindu related articles & on the other hand, well knowledgeable in Wikipedia policies which he misinterprets to support his POV’s. Thanks. --Googlean Results 07:30, 13 November 2008 (UTC)[reply]

Clerk notes

Arbitrator views and discussion

  • Please provide Bharatveer with notice of this request. If he wishes to respond while he is blocked, he can post a statement on his talkpage and a Clerk should copy it to the appropriate section here. Newyorkbrad (talk) 21:44, 11 November 2008 (UTC)[reply]
  • Looking at Bharatveer's recent behavior, this seems to be a pretty obvious case; I've proposed a pair of motions below. Kirill (prof) 01:02, 12 November 2008 (UTC)[reply]
  • I would like to see a presentation of evidence (and a response from Bharatveer) before voting on any motions. Toddst1, you also seem to have been in a content dispute with Bharatveer when you blocked him ([13]), would you like to explain that? --bainer (talk) 01:17, 12 November 2008 (UTC)[reply]

Motions

1) Bharatveer (talk · contribs · deleted contribs · logs · filter log · block user · block log) is banned from Wikipedia for a period of one year.

There are 10 active Arbitrators, so a majority is 6.

Support:

  1. First choice. Kirill (prof) 01:02, 12 November 2008 (UTC)[reply]
  2. First choice. Last year's editing restrictions did not stop the disruptive editing so this year a different approach is needed. FloNight♥♥♥ 17:25, 14 November 2008 (UTC)[reply]

Oppose:

Abstain:

1.1) Bharatveer (talk · contribs · deleted contribs · logs · filter log · block user · block log) is subject to a comprehensive editing restriction indefinitely. He is limited to one revert per page per week (excepting obvious vandalism), and is required to discuss any content reversions on the page's talk page. If he exceeds this limit, fails to discuss a content reversion, or makes any edits which are judged by an administrator to be uncivil, personal attacks, or assumptions of bad faith, he may be blocked for the duration specified in the enforcement ruling in the Bharatveer case.

There are 10 active Arbitrators, so a majority is 6.

Support:

  1. Second choice. Kirill (prof) 01:02, 12 November 2008 (UTC)[reply]
  2. Second choice. FloNight♥♥♥ 17:25, 14 November 2008 (UTC)[reply]

Oppose:

Abstain:


Motion of clarification in the Tobias Conradi case

In that case, the ArbCom took the line that userspace is not to be used to keep "laundry lists of grudges". This was in a remedy, rather than explicitly given as a principle. The general question of what can and cannot be placed in userspace is addressed also by WP:NOT, and in the end comes down to whether given postings help the mission. Combining the explicit principles in that case, with the thought in the remedy, and policy, gives some relevant concepts on the acceptable use of userspace. The following represents our current interpretation.

Certain kinds of uses are impermissible. These include but are not limited to:

  • Lists of grudges, problem users, diffs, just to make a point.
  • In general, there should not be negative postings of the attention-seeking kind.
  • Blogging: userspace is not for general commentary.
  • Pre-emptive developments running ahead of community or ArbCom sanctions

Certain kinds of uses are permissible:

  • Userspace may be used to warehouse diffs, but only when intended as part of drafting for active dispute resolution.
  • Essays are obviously OK (use Category:Wikipedia essays, and {{essay}}, saying this is what they are). By their nature essays deal with “issues, not personalities”. If they ever cross that line, from the general issue to particular and personal allusions, they lose their privileged status.
  • Drafts of political as well as policy pieces are OK, say ahead of elections. It is helpful if they are dated and headed to indicate this.
  • Support for enforcement of existing sanctions, where there is a real and present need to share information.

Comment by Shoemaker's Holiday (talk)

Procedural objection: the case is over a year old, and AGK's proposal could be made policy through the normal procedure of simply editing WP:USER, the official content guideline for such things, or by discussing it on the talk page of same. There is no reason for the Arbcom to get involved, the connection to the case is at best highly tangental, and the Arbcom really shouldn't be in the habit of revisiting old cases simply to make a non-urgent policy rewrite.

Obviously, AGK's good faith is not in question - he was probably simply unaware of WP:USER. Shoemaker's Holiday (talk) 03:41, 8 November 2008 (UTC)[reply]

You are misunderstanding what is happening here. AGK reformatted the motion - the motion itself was offered by Charles Matthews. Avruch T 04:39, 8 November 2008 (UTC)[reply]
Sorry, the formatting is unclear, however, this only makes arbcom's rejection in favour of Charles editing WP:USER more important: In the recent RFC on the arbcom, there was a a strong objection to what was seen as Arbcom writing policy. If arbcom decides to actually write policy by fiat, based on revisiting a year-old case, it would cause excessive controversy, all of which could be easily avoided if the Arbcom simply went to WP:USER as respected members of the community and declaring their support for Charles' change. Shoemaker's Holiday (talk) 09:29, 8 November 2008 (UTC)[reply]
Considering that WP:USER already makes clear that content is only permitted with the consent of the community, this seems beside the point. Since the motion was drafted after I consulted on the ArbCom list, I'd be surprised if it didn't represent the "current interpretation", as it says. If I'm wrong about that, well, I'm wrong. It seems clearest to proceed in this way, clarifying first. Maybe there will be commentary that could be illuminating. (The clerk is just doing the clerk's job here, but the system has got Procrustean and templated.) Charles Matthews (talk) 12:01, 8 November 2008 (UTC)[reply]
Erm, Shoemaker, I do know what WP:USER is. :)
Avruch has succinctly outlined precisely what I'm thinking here: I was clerking this thread, not making a motion. (Incidentally, only an Arbitrator may do that.)
AGK 12:13, 8 November 2008 (UTC)[reply]
Yes, sorry, the layout was really unclear as to who made the motion. Your signature was the only one near the motion.
On Charles Matthews' point - I'm really uncomfortable with the increase in arbcom power that this motion would represent - it effectively gives Arbcom the right to make policy simply by finding any past case to which the policy can be connected. Charles Matthews makes excellent suggestions for additions to WP:USER, and they could, in all likelihood, be added there uncontroversially by Charles as an editor. But an arbcom declaration in the same line puts any future decisions on the matter outside of the community's decision. It would mean that User page policy would, from then onwards, only be changeable by appeal to Arbcom.
The basic problem is that, as there is no evidence that the community is unable to handle user page policy, nor that community-based means for implementing this have even been tried, going for the "nuclear option" of Arbcom-declared policy as the first option seems, at the very least, to set a bad precedent; and, at the worst, could cause unnecessary controversy and drama. Shoemaker's Holiday (talk) 18:00, 8 November 2008 (UTC)[reply]
No, I can't agree to that. WP:USER is a content guideline, but it clearly needs to be read in the light of other policies, such as WP:NOT and WP:HARASS. Content guidelines aren't free-standing entities in their own little world. I'm sure that is common ground. There are some nuances involved, as the draft makes clear. There should be no need for another Arbitration case to deal with grudge-bearing on the site: once is enough. This is a motion to clarify, and if the same material had been appended in Tobias Conradi as commentary, or had been prompted by a request, I doubt we'd be discussing it in this fashion. At this level of detail, it isn't evident there is a need to write all this into WP:USER, but spelling out some of the considerations a year on makes sense to me. At the very least, some people aren't too aware of the "case law" on this matter. Charles Matthews (talk) 10:11, 9 November 2008 (UTC)[reply]

Comment by Seddon (talk)

I would like to bring up some issues here. I have no intention of blowing this out of proportions but I had some concerns when reading this request for clarification.

  • Could you provide any recent evidence that the community has had issues with these types of pages?
  • If so, what evidence is there that the community has sought other venues to try and deal with these problems?
  • Has it got to the point where the community is unable to decide for itself?
  • If none of these happened why was this request simply not taken to the talk page of WP:USER?
  • Given that this is a guideline, it is not enforceable, and if, via this clarification it is being made enforceable doesnt it make it policy?
  • I was under the impression that ARBCOM avoided editting or creating policy?

I would be very glad if all of these questions could cleared up for me.

Seddσn talk Editor Review 00:14, 11 November 2008 (UTC)[reply]

Comment by Ncmvocalist (talk)

Had this been an ordinary request for clarification, I don't think there'd have been a problem here. Turning it into a motion that's explicitly stuck back into the main case page is one though - I'm surprised that the 3 of you have abstained to reduce the majority, rather than procedurally opposed given the legitimate concerns here. This motion gives all appearances that ArbCom are becoming legislative.

That said, I don't think anyone strongly disagrees with the proposals itself; rather, it's the manner in which its done. Why the reluctance to put it into policy? Its inclusion doesn't need to be limited to any one content guideline/policy (such as USER); the relevant parts can be put into relevant guidelines/policies (whether its HARASS or NOT or whatever else). WP:NLT was amended just before the Haines case closed so I don't see why this should be any different just because it would involve more than one page. Additionally, the proposals aren't remarkably 'new' - the community have come across these particular scenarios in the recent past and used common sense along with policy, rather than relying on any cases. So amending "case law" as opposed to "legislation" is questionable & unnecessary as far as this issue is concerned - I don't think we have, or ever will look to "case law" to handle what is specified in these proposals.

This should not be a motion to amend a previous case. If the Committee wants to give guidance (on request), it shouldn't be any more than a request for clarification that gets archived on the talk page of the case. Ncmvocalist (talk) 02:25, 12 November 2008 (UTC)[reply]

Comment by User:Barberio

The Arbcom are entitled to vote for this resolution if they want to.

They may also vote on a resolution of if the moon is made of cheese.

Neither of the votes can have any effect.

The Arbitration Policy is clear on this, ArbCom have no ability to create new policy by fiat, no matter if they can tangentially link it to a case.

Charles, I think this borders on an abuse of your station as Arbitrator to push for policy changes you want, and you should probably withdraw it and use the normal process of changing policy by consensus. What you ask for isn't greatly objectionable, but this is not the way to do it.--Barberio (talk) 15:53, 12 November 2008 (UTC)[reply]

Background note from Avruch

A recent case where the motion offered would have an impact can be found here. I'm sure that Charles Matthews left it out because the principle has wider application and might not fit perfectly with this particular incident. Avruch T 03:51, 12 November 2008 (UTC)[reply]

A small point from Fut.Perf.

I stumble over this: "Lists of grudges, problem users, diffs, just to make a point." (my emphasis).

There's a bizarre tendency in Wikipedia-internal jargon, inspired no doubt by that infamous essay, to treat the expression "to make a point" as if it denoted something bad. Worse, it appears that many people use the phrase "you are just making a point!" to mean: "you are saying something I don't like". Let me point out that to make points is the whole point of – well, of what? Language. Communicating. Why on earth would anybody ever write down anything if not in order to get his point across? My point being, please point out more precisely what you mean at that point. Thank you. Fut.Perf. ☼ 12:10, 13 November 2008 (UTC)[reply]

Usually as in "We know where you live". People don't say that to start a conversation. What is another concise way to explain why they say that? Charles Matthews (talk) 19:41, 13 November 2008 (UTC)[reply]
I fail to get your point. Are you seriously comparing the collection of wikipedia complaints to a veiled threat of physical violence? (That, incidentally, is a "concise way to explain why they say that" other phrase). – But anyway, on further consideration, I think I agree with Shoemaker's Holiday. There is no indication the community isn't able to decide on its own what the legitimate limits of userspace writing are. As long as the community is not in an intractable, serious and divisive impasse about how to handle this issue, you guys have no business deciding what the policy should be. – By the way, "Pre-emptive developments running ahead of community or ArbCom sanctions" is another one that goes beyond my semantic guessing capacities. Fut.Perf. ☼ 21:05, 13 November 2008 (UTC)[reply]

Clerk notes

Arbitrator views and discussion

Motion

{Here should be placed the precise text of the motion—that is, what decision is to be passed, and what current case decision it should supersede. Or, alternatively, here should be placed the text of the "official statement" supporting the decision. Clerk assistance available upon a shout! AGK 21:26, 7 November 2008 (UTC)}[reply]

There are 10 active Arbitrators, so a majority is 6.
  • Support:
  1. Support Charles Matthews (talk) 19:49, 7 November 2008 (UTC) (proposing)[reply]
    Comment: the proposal below to move them into a case that will soon be voting is not anything I have a big problem with. They've been looked at here, and if they are in some way "folded" as comment into a case, that will serve. The content itself seems not to be so contentious for the ArbCom, so the draft has done its work. Charles Matthews (talk) 18:08, 12 November 2008 (UTC)[reply]
    Per FloNight's vote: OK then, this turns into an annexe of a Workshop for something. Others please edit as necessary. Charles Matthews (talk) 19:38, 13 November 2008 (UTC)[reply]
  2. Clear enough, and will help deal with the issue we've had in which people cite the case as an exclusive, rather than inclusive, list. James F. (talk) 19:11, 9 November 2008 (UTC)[reply]
  • Oppose:
  1. This issue comes up regularly and there is confusion about it so interpretation of the issue by ArbCom will be beneficial. But I also prefer including this in an active case for the reasons stated by Newyorkbrad. FloNight♥♥♥ 19:19, 13 November 2008 (UTC)[reply]
  2. We'll handle this in Kuban Kazak-Hillock65. Kirill (prof) 21:02, 15 November 2008 (UTC)[reply]
  • Abstain:
  1. Although I am in general agreement with Charles Matthews' proposals, and I do not believe any great harm would come of our adopting them in the fashion proposed here, there appears to be some objection that the action proposed would be somewhat legislative in character, i.e., the Arbitration Committee creating or revising policy outside the scope of a pending dispute. Working for the adoption of these ideas either through editing of WP:USER or by proposing them as principles in the pending Piotrus 2 and Kuban Kazak cases, both of which involve disputes over the use of userspace, may provide a more readily accepted vehicle for addressing the issues presented. Newyorkbrad (talk) 00:11, 12 November 2008 (UTC)[reply]
    Per NYB. This is really guidance rather than an actionable provision, but there are better venues available for putting this forward. Kirill (prof) 01:03, 12 November 2008 (UTC)[reply]
  2. I also agree with Brad. --bainer (talk) 01:18, 12 November 2008 (UTC)[reply]
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