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Old 07-05-2005, 02:07 PM
excession excession is offline
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Join Date: Jul 2004
Posts: 18
Default Re: STOP USING SIMPLEMINE

1. True it is about their 'spyware', but folks are trying to quote this to state that automated player profiling isn't allowed. My point is that this not what is says.

2. The point about selective deletion is a good one, but there are two other legal rules of construction which will apply in a common law country like Gibraltar to mean that the conjunction 'or' and what follows belongs to the subordinate clause and not as an alternative main clause. As the paragraph is punctuated they should have used a semi-colon before 'or' if they wanted to be able to argue your suggested construction. Secondly there is the contra preferentem rule mentioned above, which is applied against the author in the case of any ambiguity. Finally, even taking your construction, the mention of player profiling being a target for detection and prevention is still limited to when it's used to enable AI's to play the site.

4. Even if player-profiling outside of bots can be called 'AI software', it talks about enabling AI's to 'play' the site - not just to gather data from it.

5. I don't do contract litigation (not for 10 yrs anyway). I draft the things - I let the younger and more argumentative lawyers get paid to argue over them.. [img]/images/graemlins/smile.gif[/img]

6. See 5 above..
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