Yeah, but one gets you a worse fine in court, and the other just makes you look like a dick on the Internet.
No, it's not that it makes you look like a dick. It's that it's the internet's oldest, cliched, self-fulfilling prophecy. A little moderation happens, someone bitches about that moderation (loudly and publicly decrying the moderator as a jackbooted thug), and then the ToS
does get violated and more moderation happens (and then the poster can go "Haaalp, haaaaaalp, I'm being oppressed!").
Nothing good comes from it. The poster's point doesn't actually get made, because he's either (1) seen as being a dick by the community, (2) unable to follow up on his agitation because he's genuinely violated the rules, or (3) the moderators don't smack him for his genuine ToS violation, so it looks like he's making noise about nothing. Sometimes a little of each.
It is a lose/lose for all involved, and all it does is cause negativity on both sides of the fence, fuck up the signal-to-noise ratio of a forum even more, and disrupt the place. Even if the initial poster has a point -- or
especially when he has a point -- it gets lost in all the static and drama and smiting and warnings and temporary bans and blah blah blah their point remains unmade.
No good ever comes of it. I'm not trying to tell Sengir he
can't do what he's doing (I'm not a mod, and even if I was I wouldn't), I just wish he
wouldn't, because he's shooting himself in the foot instead of making a reasonable argument.
If you
must publicly point out you think a moderator's being unfair, you do it as politely and maturely as possible, so that the moderators have no choice but to leave your complaint sitting there, visible, perched atop the moral high ground like a sniper.