Agreed, modern justice would have them both see repercussions, although any good lawyer would use a manuscript of the video to prove that the kid was just testing seemingly malfunctioning game mechanics, an act that Bungie themselves have, on numerous occasions, said that they will not punish.
(A ToS violating glitch is described as being used to gain an advantage over other players, the child had 3 characters over 20 and would therefore not be given any advantage whatsoever)
Kermit, on the other hand, maliciously violated the PSN code of conduct, here:
[quote]You may not engage in deceptive or misleading practices.
You may not abuse or harass others, including stalking behavior.
You may not cause disruption to or modify or damage any account, system, hardware, software, or network connected to or provided by SEN for any reason, including for the purpose of gaining an unfair advantage in a game.
You may not take any action that SNEI or its affiliates consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including junk mail, spam, excessive mail or chain letters.[/quote]
Your role as a moderator enables you immediately ban this user from messaging (bypassing the report queue) if you select a punishment.
7 Day Ban
7 Day Ban
30 Day Ban
Permanent Ban
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