I get your point... But how to prove someone scammed? If its a public auction or offer to buy, and someone Welches, thats easy to see. But if someone scams, esp if both parties are well known, how would you prove it?
Your right its a fine line, and like Assia said there are ways to accomodate. The rules should be a base not an absolute.
For example, last raresfest the big bidder who didnt pay (i never did find out if he/she was total fake of just a "real" bidder who spent way more than they had)
We werent allowed to even name the character name. All posts with the name in it were removed, Including the actual winners list. I dont see why if someone doesnt pay, you can just put "failed to pay"
Nabin does this in his auctions, and also publicly bans the players from future auctions. Its allowed. I dont see what the difference was in the case of the past rares fest. Or what the harm of listing non-payers as non-payers.
I suppose scammers are harder to prove than "non-payers" but even non-payers the mods have been quick to protect their in games names over the last months.
Just saying that simply because its in the ToS doesnt mean it has to be enforced every single time at every minor occurrence that gets close, or a mod thinks is getting close to a violation.
Theres items on the Rares Forums right now that arent event technically allowed to be there. I dont see much harm in it tho.
Remember slavery was even legal in Mississippi until 2013. Were those laws enforced? No.
Just because somethings "on the books" or in the ToS doesnt mean it has to be enforced every single time. Its just something the mods have to fall back on if something gets out of hand.