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== Request to amend prior case: Asmahan (2) ==
'''Initiated by ''' Supreme Deliciousness '''at''' 18:08, 3 January 2010 (UTC)
; Case affected : {{RFARlinks|Asmahan}}

; Clauses to which an amendment is requested
# Remedy

; List of users affected by or involved in this amendment
* {{userlinks|Supreme Deliciousness}} (initiator)
* {{userlinks|Arab Cowboy}}

; Confirmation that the above users are aware of this request
* is aware.

===Amendment 1===
* http://en.wikipedia.org/Wikipedia:Arbitration/Requests/Case/Asmahan#Remedies
* Remedy on Arab Cowboy - requesting that Arab Cowboys becomes permanently banned from Asmahan.

==== Statement by Supreme Deliciousness ====
Arab Cowboy has been caught using a . He created this puppet on the 17th november while the arbitration case was processing, 3 days after the admins posted proposed remedys that would ban the both of us from changing the nationality or ethnicity of persons: He used it during the case while choosing not to answer the remaining questions. He has used this sockpuppet to repeatedly violate his and (look at all the edits ) and he has also used it at Asmahan. This shows his true intentions. It shows what kind of respect he has to wikipedia, what kind of respect he has to the arbitration case, and what he planned to do (and also did) at the Asmahan article.

I am now requesting that Arab Cowboy becomes '''permanently''' banned from editing the Asmahan article. --] (]) 18:08, 3 January 2010 (UTC)

:* Response to Steve Smith: The arbitror John Vandenberg said: ''"I've read all of the Evidence page a few times, and reviewed all of the contribs of both the main parties. I have chosen to not incorporate all of the past problems into these proposals because I think you are both new users who are learning quickly, and will be good users if you both avoid identity disputes."'' Arab Cowboy created his sockpuppet two days later. --] (]) 11:12, 5 January 2010 (UTC)
:*Response to Vassyana: the says that a user can be blocked to one year after 5 violations of restrictions and blocks. Arab Cowboy not only violated his restriction and ban more then 5 times, but created a sockpuppet do do it with. This is a greater violation, and therefor the topic ban for 5 months is not sufficient. --] (]) 12:26, 11 January 2010 (UTC)
:* Response to John Vandenberg: Arab Cowboy first attempted to deny the connection: It wasn't until after he admitted it. Arab Cowboy made posts with the Medjool account at the Asmahan talkpage without saying it was him, making it look like it was another user supporting the edits he had edit warred over with his Arab Cowboy account. See for example his reply to number 2 when he says with his Medjool account , while at the workshop Arab Cowboy talked about what it "said" on page 36: and he has talked about p36 before at the talkpage 1c:... this alone shows that he was pretending to be someone else with the Medjool account. A ] attempt is ''"create a new one that becomes the only account you use."'' which is not what he did. '''After he created the Medjool account he simultaneously continued to use the Arab Cowboy account editing articles and making posts at talkpages with both accounts.''' WP:CLEANSTART also says: ''"This is permitted only if there are no bans or blocks in place against your old account, and so long as no active deception is involved, particularly on pages that the old account used to edit."'' Arab Cowboy had a ban on him which he violated repeatedly with the Medjool account, and he used it in the same article that the old account edited. Arab Cowboy got restricted and topic banned on the 14th december: '''He used the Medjool account to repeatedly violate his topic ban and restriction''' after 14th december. So how can you say "there was no problematic edits in the first place" ?? This involves more then 1 revert per page per week and changes with the respect to the ethnicity or nationality of people which he is not allowed to do. So how can you even suggest that the discretionary sanction should be lifted?

::Here are some of the diffs Arab Cowboy made with his Medjool account after 14th december when he was and :

::Changes with respect to the ethnicity or nationality:

::More then 1 revert per page per week: and --] (]) 19:24, 14 January 2010 (UTC)
:* Reply to Carcharoth: Why are you even mentioning WP:CLEANSTART? If it was a WP:CLEANSTART, why did he edit articles and make posts at talkpages with both accounts at the same time?--] (]) 22:08, 16 January 2010 (UTC)

==== Statement by John Vandenberg ====
There is a bit more to this. I'll provide a statement as soon as I can. <span style="font-variant:small-caps">] <sup>'''(])'''</sup></span> 11:03, 5 January 2010 (UTC)

Sorry for the delay.

{{user|Arab Cowboy}} has admitted on their talk page that they were {{user|Medjool}}. It was an attempt at a ].

Medjool's edits to ] were definitely not a violation of the arbcom restrictions.

Medjool's edits were not a clear violation of ]. If anything, there is an element of "avoiding scrutiny" to the edits to ]. The main problem here was that the edits to ] resulted in the CLEANSTART hitting the rocks. Please read and understand those edits in order to understand why Arab Cowboy made those edits.

"Medjool" was a violation of Arbcom's motion requiring that they are informed of ], however ] does not mention that! Also, at the time that Medjool was created, Arab Cowboy was not a restricted user.

As such, it is a long stretch to use these edits as justification for discretionary sanctions; that wasn't their purpose, and there was no warning (because there was no problematic edits in the first place). And now that Medjool's prior account is disclosed, this discretionary sanction should be lifted.

At the SPI case, action was taken before Arab Cowboy/Medjool could reasonably respond. From start to finish, it was done in 7 hours, on new years eve. And it was only 2.5 hours from the time that SD had finished presenting the case to the time that Medjool was blocked.

Arab Cowboy has indicated that they would like to continue editing as Medjool.

I ask you all to consider the , which has similar issues wrt CLEANSTART and that user was allowed to continue editing under their new username, despite the fact that their CLEANSTART had failed.

<span style="font-variant:small-caps">] <sup>'''(])'''</sup></span> 02:29, 14 January 2010 (UTC)

==== Statement by NuclearWarfare ====
I forwarded an email to the Arbitration Committee (on what gmail says is 1 Jan 2010 13:04:56 -0500; I am assuming that is either 13:04 or 18:04 UTC) that is of relevance to this discussion. Any arbitrators looking over this request for amendment probably should look over that email first. Best wishes, <font color="navy">''']</font>''' ''(<font color="green">]</font>)'' 17:14, 5 January 2010 (UTC)
:I note that John believes that my actions were not warranted under the terms of the discretionary sanctions that were voted upon in this case. However, I believe that violating the clean start policy (invoking it while you are in an active ArbCom dispute is a violation of the spirit, if not the wording, of the rule) by editing the same article you were restricted on, would count as disruptive editing, which the article probation is meant to prevent. It does not matter what the edits were, but the fact that he was trying to influence content by posting in response to SD on the talk page without revealing his old account was troubling. I believe that merited a formal topic ban at the very least. However, I would have no problem with the Arbitration Committee or a group of editors on a ] or ] reversing my action if they feel that it was excessive. <font color="navy">''']</font>''' ''(<font color="green">]</font>)'' 10:57, 14 January 2010 (UTC)

==== Statement by other editor ====
{Other editors are free to comment on this amendment as necessary. Comments here should be directed only at the above proposed amendment.}

=== Further discussion ===
:''Statements here may address all the amendments, but individual statements under each proposed amendment are preferred. If there is only one proposed amendment, then no statements should be added here.''
==== Statement by yet another editor ====
==== Clerk notes ====
:''This section is for administrative notes by the clerks (including clerk recusals).''
==== Arbitrator views and discussion ====
*{{user|NuclearWarfare}} has topic-banned Arab Cowboy from all articles under the scope of the case until June 15. I see no reason to turn that long-term topic ban into an indefinite ban as requested; a lot can happen in five and a half months. ] (]) 00:17, 5 January 2010 (UTC)
*Awaiting more statements as promised above. Can the clerks please ensure everyone who needs to be notified has been. ] (]) 04:42, 7 January 2010 (UTC)
**Do we really need to tell editors at arbitration that WP:CLEANSTART doesn't apply to them? Agree with Vassyana that there are problems here. Suggest that one account is selected, and that account used to negotiate an unblock with conditions (such as a lengthy topic ban), but a straight unblock is not warranted here, and any action can be taken by administrators if any are willing to take action. ] (]) 20:41, 16 January 2010 (UTC)
*Awaiting further statements, but I note NuclearWarfare's actions and wonder what further action is needed from ArbCom. ] (]) 21:19, 10 January 2010 (UTC)
:*'''Analysis'''. Upon review, this is not simply a failed clean start inhibited by innocent mistakes, but rather a clear violation of our sockpuppetry principles. There are edits regarding ethnicity and cultural identity that display a strong, clear POV. This is highly relevant since Arab Cowboy's conflicts have been over cultural identity and ethnicity. The edits to ] are clearly problematic as it is a return to conflict with an editor that has had extensive conflict with Arab Cowboy. The very first talk page edit is a bad faith accusation. Using the Medjool account, he defends his own edits made as Arab Cowboy. Both are clearly over the line. The account was used at least twice to circumvent the 1RR restriction imposed on Arab Cowboy. (, , within 5 days. Another , , within 5 days.) In total, I see an account that was used to promote a strong point of view, continue disputes under a new guise, and circumvent editing restrictions. ] (]) 19:33, 15 January 2010 (UTC)
:*'''Comment'''. The sock block and extended topic ban seem perfectly warranted in the above context. Contrary to concerns about excessive or punitive measures, I see the results as rather lenient given the circumstances. I do not think ArbCom needs to be involved further at this juncture. If uninvolved administrators and/or the community still feel stronger measures are needed or that this matter needs further review in some way, I am confident that it can be resolved at that level. ] (]) 19:33, 15 January 2010 (UTC)
:*'''Comment''' I'm going with Vassyana's viewpoint here. WP:CLEANSTART does not allow you to come back in and have another go, which is what Arab Cowboy/Medjool did here. ] (]) 18:31, 18 January 2010 (UTC)
----

Revision as of 07:11, 19 January 2010

Arbitration Committee proceedings Case requests

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Requests for amendment

Use this section:
  • To request changes to remedies or enforcement provisions, for example to make them stronger or deal with unforeseen problems.
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How to file a request (please use this format!):

  1. Go to this request template, and copy the text in the box at the bottom of the page.
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  3. Using the format provided by the template, try to show exactly what you want amended and state your reasoning for the change in 1000 words or fewer, citing supporting diffs where necessary. Although it should be kept short, you may add to your statement in future if needed as the word limit is not rigidly enforced. List any other users affected or involved. Sign your statement with ~~~~.
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    2. The clause(s) to be modified, referenced by number or section title as presented in the Final Decision,
    3. The desired modifications to the aforementioned clause(s), and
    4. A rationale for the change(s) of no more than 1000 words.
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Request to amend prior case: Falun Gong

Initiated by  Sandstein  at 22:02, 14 January 2010 (UTC)

Case affected
Falun Gong arbitration case (t) (ev / t) (w / t) (pd / t)
Clauses to which an amendment is requested
  1. Misplaced Pages:Requests for arbitration/Falun Gong#Article probation (remedy 1)
List of users affected by or involved in this amendment

Amendment 1

I ask that remedy 1, Misplaced Pages:Requests for arbitration/Falun Gong#Article probation, be vacated and replaced by a standard discretionary sanctions remedy, such as e.g. WP:ARB911#Discretionary sanctions.

Statement by Sandstein

Remedy 1 provides for "article probation" for all articles in the area of conflict. But article probation, as specified at WP:GS#Types of sanctions ("Editors making disruptive edits may be banned by an administrator from articles on probation and related articles or project pages") only allows article or topic bans. However, in some situations, administrators may wish to impose less drastic measures. For instance, in the open enforcement request at WP:AE#Simonm223, I think that a revert restriction would be more appropriate, at least initially, than a topic ban. Although one might assume that, a maiore ad minus, the authority to impose a strong sanction such as a topic ban implies the authority to impose lesser sanctions, it is preferable (for the avoidance of doubt and wikilawyering) that such authority be expressly provided for.

I make this request as an administrator active in WP:AE (again since January 1, having confidence in the new ArbCom), and have no involvement in the original case or in any other disputes concerning Falun Gong.  Sandstein  22:02, 14 January 2010 (UTC)

Statement by Vassyana

I have reviewed the editorial history of this topic area in some depth. Fulfilling this request would be immensely helpful to the editors trying to help resolve the disputes. This will be encouraging to administrators already trying to make headway in the area. It will also encourage more administrators to intervene, especially those who may have been ambivalent about the more limited enforcement options. This will also be beneficial to editors in the area, with the conditions and sanctions better tailored to the situation. The resulting improvements and normalization of the editing environment will allow dispute resolution efforts a great deal more traction and success. The long-running and intractable nature of the overall dispute in the topic area should justify the expanded measures. Vassyana (talk) 22:48, 14 January 2010 (UTC)

Statement by Enric Naval

Discrectionary sanctions would be good, to fine tune sanctions. (I think that this request was raised for the wrong reasons, but that's a different topic)

Statement By Simonm223

Quite frankly I shouldn't even be given a revert restriction for protecting the neutrality of the FLG articles from blatant efforts to insert a strong POV. Notwithstanding that this is still a good idea. Simonm223 (talk) 02:52, 15 January 2010 (UTC)

Statement by HappyInGeneral

No matter what the outcome may be, will you in the end have something in place that will reward discussion and discourage blind reverts? As I see it this is the only way to ensure to improve Misplaced Pages. Thanks. --HappyInGeneral (talk) 13:05, 16 January 2010 (UTC)

The latest example (food for thought):

  • Here is the section to discuss point by point 14 changes Talk:Falun_Gong#Changes_and_discussion_for_them comment added at 15:29, 14 January 2010. In these changes Asdf put some effort, 14 diffs, and if any of those would be objectionable it could be pointed out, it can be clearly pointed out.
  • However, even though request for discussion was clearly expressed on the talk page, and in the edit summaries there where 3 reverts , , and no discussion about the actual changes.

In my understanding Misplaced Pages is a collaborative encyclopedia where we should evaluate the merit of the edits, not blindly push forward or defend a certain view. And that is why I would like to know if you consider to have something in place that will reward discussion and discourage blind reverts. Thank you! --HappyInGeneral (talk) 13:31, 16 January 2010 (UTC)

I cross posted the above here. --HappyInGeneral (talk) 13:34, 16 January 2010 (UTC)

Statement by other editor

{Other editors are free to comment on this amendment as necessary. Comments here should be directed only at the above proposed amendment.}

Further discussion

Statements here may address all the amendments, but individual statements under each proposed amendment are preferred. If there is only one proposed amendment, then no statements should be added here.

Statement by yet another editor

Clerk notes

This section is for administrative notes by the clerks (including clerk recusals).

Arbitrator views and discussion

  • Recuse. I wish to remain uninvolved as an arbitrator, because I have been involved in the past as an outside editor/informal mediator and wish to engage the area on that basis. I will make a brief statement as a regular editor. Vassyana (talk) 22:31, 14 January 2010 (UTC)
  • This seems reasonable and uncontroversial; I'll make the appropriate motions. Kirill  14:28, 15 January 2010 (UTC)

Motions

1) Imposition of discretionary sanctions

The Falun Gong decision is modified as follows:
(a) The article probation clause (remedy #1) is rescinded.
(b) Standard discretionary sanctions (Misplaced Pages:Arbitration Committee/Discretionary sanctions) are authorized for "Falun Gong" and all closely related articles.
This modification does not affect any actions previously taken under the article probation clause; these actions shall remain in force.
Support
  1. As proposed. Kirill  14:28, 15 January 2010 (UTC)
  2. RlevseTalk21:22, 15 January 2010 (UTC)
  3. Steve Smith (talk) 20:42, 16 January 2010 (UTC)
  4. Carcharoth (talk) 20:58, 16 January 2010 (UTC)
  5. Mailer Diablo approves this motion 21:40, 16 January 2010 (UTC)
  6. Per Sandstein's rationale above. Newyorkbrad (talk) 00:36, 17 January 2010 (UTC)
  7. Shell 01:44, 17 January 2010 (UTC)
  8. Sandstein's rationale fits here. Folks working at AE and to follow up these things need all the support the Committee can give them. SirFozzie (talk) 17:28, 17 January 2010 (UTC)
  9. KnightLago (talk) 14:21, 18 January 2010 (UTC)
Oppose
Abstain

Request to amend prior case: Speed of light

Initiated by ― A._di_M. (formerly Army1987) at 20:12, 13 January 2010 (UTC)

Case affected
Speed of light arbitration case (t) (ev / t) (w / t) (pd / t)
Clauses to which an amendment is requested
  1. Remedy 4.2 "Brews ohare topic banned"
List of users affected by or involved in this amendment
Confirmation that the above users are aware of this request
  • (diff of notification of this thread on Brews ohare's talk page)

Amendment 1

Statement by A. di M.

Brews ohare is the author of three of the pictures currently on the article Speed of light. None of these pictures are directly related with the debates which led to the arbitration case, which dealt with the implications of defining the metre in terms of the speed of light in vacuum. On the FAC nomination of the article, initiated by me, constructive criticism has been expressed about the pictures; such criticism is also totally unrelated to the definition of the metre. While Brews ohare is still technically allowed to improve the pictures (as they are hosted on Commons) he is not allowed to participate in discussions about them, as that might be construed as transgressing his topic ban. I do not think that this is helpful, so I propose that Brews ohare is temporarily lifted from his topic ban until the FAC closes. ― A._di_M. (formerly Army1987) 20:12, 13 January 2010 (UTC)

Response to Steve Smith
It could, but that should be worded in a sufficiently clear way: Brews ohare said he's "not interested in a month of squabbles over sanctions", and I think that discussions about whether the wording did or did not allow a comment of his on that page wouldn't be helpful, either. ― A._di_M. (formerly Army1987) 21:14, 14 January 2010 (UTC)

Statement by Tznkai

In order for this amendment to be effectuated I (or another admin, or the committee) will have to suspend or lift the supplemental ban that I placed on Brews ohare previously. (Its in the case log) I have some ideas on how to word the amendment that I haven't committed to words yet, as I am still deciding whether or not to support this request.

I failed to timestamp the above. Whoops. Anyway, after considerable discussion on Brews ohare's talk page, I've decided that on balance, Brews ohare is a potential asset, and further has earned his shot at loosening restrictions. I intend to lift my supplemental ban after brief discussion at AE, and I support the motion below that will allow Brews ohare to participate in the FAC process to discuss the relevant images. I further recommend an excemption for editing the relevant images. --Tznkai (talk) 02:59, 19 January 2010 (UTC)

Statement by Finell

It would be helpful to the project if Brews' physics topic ban were modified to permit him to participate in discussion of graphics that he created, and that are used in the Speed of light article, during that article's current FAC. It is not necessary that his topic ban be temporarily lifted, only that it be amended for this specific purpose. Recently Brews has been peacefully and productively editing math articles and his behavior has not been problematical in any way, so far as I am aware.—Finell 00:03, 15 January 2010 (UTC)

Statement by Count Iblis

Brews Ohare's topic ban should be temporarily modified to allow him to participate in the discussions about the diagrams he made. To answer Kirill's concerns, I think the whole point of Arbcom requests is to look at each case individually, we don't argue on the basis of precedents. Finell has pointed out above that brews has been contributing in a positive way. If there is an issue with diagrams and it is found that some modifications are needed, then it could be extremely inconvenient for someone else to do that. In practice this could mean that someone else would have to make new diagrams from scratch. This has to be weighed against the potential of disruption of wikipedia given the reason of Brews topic ban (endless arguments about speed of light, domination of talk pages). I don't see this potential for disruption given what Brews has been doing recently. As I said, precedents are irrelevant. In similar cases where someone has been topic banned from some politics page which is up for FA review, you may well conclude that despite that editor having made considerable contributions, the potential for disruption is very real. Count Iblis (talk) 15:41, 15 January 2010 (UTC)


Statement by TenOfAllTrades

As far as I know (and I would welcome any correction if I am mistaken), there have been no problems related to Brews' edits of images on Misplaced Pages/Commons. Further, I am aware of no major problems with Brews' participation in the project for the last couple of months — and I will say that stands in contrast to (and in spite of) the overzealous and...spirited actions of some of his self-appointed defenders.

On the other hand, I must also note that (per Tznkai's comments) a broadening of Brews' original topic ban to include meta-disputes and user-conduct discussions was required in late November in order to get him back on a productive track. There was also at least one violation of his physics topic ban in late December: .

While the proposed amendment is far broader than necessary, I am inclined to say that that on balance the likelihood of disruption from a more narrowly-crafted exception is low and indeed would be beneficial to both the project and to Brews — and might form the eventual basis for future relaxation of his topic ban terms. An opening to allow Brews to participate in discussions regarding his images in the article (which are, as far as I know, uncontroversial) would probably be worthwhile. Further, allowing him to participate in (a part of) the featured article process should – hopefully – expose him to some of our most dedicated editors working to achieve some of Misplaced Pages's highest standards and goals.

That's the carrot; here's the stick. While I hope and expect such a condition shouldn't be required, I would also suggest that the amendment explicitly be revocable by a consensus at WP:AE if Brews' editing should stray into the tendentious or disruptive.

The exact wording of such a temporary amendment is up to the ArbCom. TenOfAllTrades(talk) 16:08, 17 January 2010 (UTC)

Statement by other editor

{Other editors are free to comment on this amendment as necessary. Comments here should be directed only at the above proposed amendment.}

Further discussion

Statements here may address all the amendments, but individual statements under each proposed amendment are preferred. If there is only one proposed amendment, then no statements should be added here.

Statement by yet another editor

Clerk notes

This section is for administrative notes by the clerks (including clerk recusals).

Arbitrator views and discussion

  • Would a narrower suspension applied only the pictures be useful? Steve Smith (talk) 19:57, 14 January 2010 (UTC)
  • Barring any substantial objection from other editors or arbitrators, I do not see why this cannot be handled by way of a simple motion providing a specific exception for Brews to discuss his images in this specific FAC. Barring any major objections, I will propose such a motion in the near future. Vassyana (talk) 10:01, 15 January 2010 (UTC)
  • I am uncomfortable with waiving a topic ban purely because some of the editor's work is being discussed at FAC, as it's an arrangement we've rejected in the past, and with editors responsible for even greater volumes of work. Is there some reason why Brews's direct involvement is necessary (rather than merely convenient)? Kirill  14:36, 15 January 2010 (UTC)
  • I said when the case closed that I'd be willing to support a change to the topic ban to allow Brews Ohare to contribute images and to discuss images (narrowly construed). I would, though, prefer that Brews Ohare himself make such an appeal. I would in principle support a motion like that Vassyana intends to propose, but only if Brews Ohare indicates that they support the appeal being made here. I would even support a complete relaxation of the ban to allow any image work, not just a single FAC discussion. i.e. making an exception for all image work would make more sense than making an exception for FAC alone. Carcharoth (talk) 20:53, 16 January 2010 (UTC)

Motions

1) Exception to topic ban

Brews ohare (talk · contribs) is permitted to participate in the featured article candidacy discussion for "Speed of light" for the sole purpose of discussing the images used in the article. This shall constitute an exception to the topic ban imposed on him (remedy #4.2).

Support
  1. Kirill  02:31, 19 January 2010 (UTC)
  2. Steve Smith (talk) 04:03, 19 January 2010 (UTC)
Oppose
Abstain