Counter-productive

Athena is playing against Neptune at a GPT.

Athena controls a Zameck Guildmage. Neptune controls an Azor’s Elocutors with 3 red plastic beads on it. Athena casts a Mark of Mutiny on the Elocutors, and Neptune places another red bead on it before sliding it across the table.

Athena asks what the red beads represent, and Neptune replies, “I’ve just put the +1/+1 counter from the Mark of Mutiny”.

Athena then activates her Zameck Guildmage’s second ability twice, removing two counters from the Elocutors and drawing two cards. At this point, Neptune quickly points out that the remaining counters on the Elocutors were all filibuster counters, and calls for a judge!

What infraction, if any, has been committed, and what penalty would you assess? How would you go about fixing the situation?

Judges, feel free to discuss this scenario on Judge Apps!

[expand title=”View Answer”]Thanks to everyone who participated in this discussion!

At first glance, the infraction may look like Drawing Extra Cards on the part of Athena, but on closer inspection it should be apparent that the illegal card draw had been preceded by a Communication Policy Violation – the type of any counter in a public zone is considered free information as defined in MTR 4.1, and since Athena asked what the beads represent, Neptune has violated the Communication Policy by omitting to specify that the beads already on his Elocutors represented filibuster counters rather than additional +1/+1 counters.

According to MIPG 3.7, the infraction is a Tournament Error – Communication Policy Violation on the part of Neptune, for which he receives a Warning. As per the Additional Remedy for CPV, if it is
simple enough to do so (as it is in this case), the game should be backed up with the approval of the Head Judge to the point of incorrect information – i.e. to before the first activation of the Zameck Guildmage. So the mana used to activate the ability should be untapped, the counters replaced and 2 random cards should be returned from Athena’s hand to the top of her library.

A few people suggested issuing GPE – GRV for Athena. In this scenario, the infraction of Drawing Extra Cards has been ”replaced“ by CPV, since it was a violation of the communication policy that led to the error – thus there is no reason to issue GRV, as any game rule violation that may have occurred would have been a result of the communication policy violation. [/expand]