Appeals Court to rule on Milesbuzz Moderating
Sep 19, 2003 | 4:06 pm
#1
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Appeals Court to rule on Milesbuzz Moderating
SAN FRANCISCO, California (UP) -- A federal appeals court announced Friday it will reconsider a three-judge panel's ban on moderators closing and moving threads on Flyertalk’s MilesBuzz Forum, casting further uncertainty on the TalkBoard.
Without commenting on the merits, the 9th U.S. Circuit Court of Appeals said it would convene an 11-member panel to consider the controversy on Flyertalk Moderating. For the moment, Friday's action delays a likely appeal to the Supreme Court. A date for the rehearing was not immediately announced.
The circuit judges will reconsider the decision by a three-judge panel of the San Francisco-based appeals court, which ruled unanimously that moderators must stop closing threads. Citing the U.S. Supreme Court's decision in Bush v. Gore, the panel ruled Monday that it was unacceptable for moderators to close threads by Newbies and others, given that each moderator uses a different standard, sometimes shutting each other up. Moderators were often claiming that everything that needed to be said had been said. As was the issue in Bush vs. Gore, it was claimed that this gave the last word to a set of moderators, in violation of the “One Flyertalker – One Opinion” principle previously interpreted from the 14th Amendment’s equal protection clause.
On Tuesday, without prodding from the litigants, the court blocked the ruling from taking force and asked the affected parties whether it should convene an 11-judge panel at a resort location that double-dipped with both miles and points.
Citing “Bush vs. Gore,” a moderator using the name “theterminator” routinely closes all threads that he doesn’t think are about points and miles. “My real goal” he admitted, “is to see how many times I can say ‘Hasta La Lista Baby’ to each day. But another moderator, “Peter Randyson” allows four topics for continued posting to Milesbuzz, topics on Points, Miles, Moints and Piles. “That allows more topics of interest to the frequent flyer community to be discussed,” he is alleged to have said.
To rehear a case, a majority of the court's 26 active judges must agree, but a resort location which quadruple dips giving points, miles, moints and piles might influence the judges’ decisions.
Chief Judge Mary Schroeder, by court rules, will head the panel. Ten other judges will be drawn at random. The three judges whose Monday ruling is the subject of the rehearing and are all moderators of other bulletin boards, are eligible for the drawing. Three judges who have never gotten a frequent flyer mile have recused themselves.
Without commenting on the merits, the 9th U.S. Circuit Court of Appeals said it would convene an 11-member panel to consider the controversy on Flyertalk Moderating. For the moment, Friday's action delays a likely appeal to the Supreme Court. A date for the rehearing was not immediately announced.
The circuit judges will reconsider the decision by a three-judge panel of the San Francisco-based appeals court, which ruled unanimously that moderators must stop closing threads. Citing the U.S. Supreme Court's decision in Bush v. Gore, the panel ruled Monday that it was unacceptable for moderators to close threads by Newbies and others, given that each moderator uses a different standard, sometimes shutting each other up. Moderators were often claiming that everything that needed to be said had been said. As was the issue in Bush vs. Gore, it was claimed that this gave the last word to a set of moderators, in violation of the “One Flyertalker – One Opinion” principle previously interpreted from the 14th Amendment’s equal protection clause.
On Tuesday, without prodding from the litigants, the court blocked the ruling from taking force and asked the affected parties whether it should convene an 11-judge panel at a resort location that double-dipped with both miles and points.
Citing “Bush vs. Gore,” a moderator using the name “theterminator” routinely closes all threads that he doesn’t think are about points and miles. “My real goal” he admitted, “is to see how many times I can say ‘Hasta La Lista Baby’ to each day. But another moderator, “Peter Randyson” allows four topics for continued posting to Milesbuzz, topics on Points, Miles, Moints and Piles. “That allows more topics of interest to the frequent flyer community to be discussed,” he is alleged to have said.
To rehear a case, a majority of the court's 26 active judges must agree, but a resort location which quadruple dips giving points, miles, moints and piles might influence the judges’ decisions.
Chief Judge Mary Schroeder, by court rules, will head the panel. Ten other judges will be drawn at random. The three judges whose Monday ruling is the subject of the rehearing and are all moderators of other bulletin boards, are eligible for the drawing. Three judges who have never gotten a frequent flyer mile have recused themselves.
Sep 19, 2003 | 5:43 pm
#3
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The wit of the original poster notwithstanding, this petition for a rehearing en banc of MilesBuzz moderating really isn't a miles and points, piles and moints, of any frequent flyer program.
In closing this thread, sosafan's masterpiece will remain for all to see, with that little lockie-thing graphic next to it.
If anyone would like to comment on the poster's central theme, might I direct them to several current threads in the 'Only Randy Petersen' forum?
With humble apologies, I am
Gary
aka gleff
MilesBuzz and Delta moderator
In closing this thread, sosafan's masterpiece will remain for all to see, with that little lockie-thing graphic next to it.
If anyone would like to comment on the poster's central theme, might I direct them to several current threads in the 'Only Randy Petersen' forum?
With humble apologies, I am
Gary
aka gleff
MilesBuzz and Delta moderator