Posted by snafu4u on 7/12/2017 3:37:00 PM (view original):
"The second sentence is the one that speaks to what WIS can do. WIS can close the loophole and make the effects of prior use of the loophole go away. They have done it before."
I don't see anywhere in the language that says they can make the effects of prior uses of the loophole go away. It simply says "WhatIfSports reserves the right to take the necessary steps to correct the issue at any time without prior notification." They reserve the right to close the loophole without any warning. It says nothing about punitive measures or changing what has already happened. It says they reserve the right to correct the issue (close the loophole), extrapolating "correct the issue" to mean they will go back and change players or outcomes after they have corrected the issue (closed the loophole) is far too broad an interpretation. From a legal standpoint, they are simply saying they can close the loophole and you cant do anything about it. Anything more than that would never hold up in court ;)
Complete nonsense. The fact of the court having jurisdiction often provides it inherent authority to take measures to remedy bad behavior. That is so even absent a specific statement of authority to do so (contempt powers are often like this). You would have no basis to claim that WIS lacks authority to remedy both the loophole and the damage caused by its abuse.
Besides which, you have to torture language to make it fit your preference on this point. If I found an exploit that allowed me to manipulate the RNG and award myself players in recruiting or make end of game three point shots go in as I wished, your position would state that WIS could only fix the exploited code, but had divested itself over authority to police the results of its own product!
I believe the legal phrase is "Bullshit!"