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15 August 2007 @ 05:06 pm
New Pic at DA  

by ~Ranuel on deviantART

If I put anime nudity in the keywords there I wonder what would happen?

Don't jiggle the ramune!fenikkusuken on August 16th, 2007 03:21 am (UTC)
I double-dog-demon-DARE-you to do that and see if anyone bites!
ranuelranuel on August 16th, 2007 09:59 am (UTC)
Since I mostly do nature photos and the most risque thing I have up is a full frontal amaryllis with pollen loaded stamen waving at the camera if they did yank one of my pictures it would prove that they aren't looking at the pictures to verify the charges. BUT if it's not in the anime fanart category would they even bother?

And are the twits stupid enough to report a picture that they haven't looked at?

I could stand to lose the spider, I've thought about moving it to scraps anyway. When I have time in the next couple of days I'll dig up the TOS and make sure that something can't be yanked for misleading key words since that would confound the experiment and if not then I'll do it.
Don't jiggle the ramune!fenikkusuken on August 17th, 2007 06:32 pm (UTC)
*snicker* Do you have any photos of mating dragonflies or something?

They got Wheezie, Aquariel and KrisCynical the other day.

ranuelranuel on August 18th, 2007 01:17 am (UTC)
I knew about Kris. This is a second hit for Wheezie and Aquariel isn't it?

The only thing that comes to mind is a picture of two giant tortoises going at it I took a few years back but it's snap shot quality taken with a POS disposable. Not something I'd post to DA, even to scraps.

If the heat index wasn't 105 I'd go see if I could get a shot of the neighbor's bull, call him Inuyasha in the caption, and make a couple of "sword" jokes but it's so hot that I'm getting soaked with sweat just hanging out the wash. I'm not going to stand around a pasture with no shade waiting for himself to give me a good angle on his assets.

I'll think of something. First I want to sit down in the morning and read the TOS to find out what my wiggle room is. I don't want to get banned completely. Unlike the fan artists I don't know of any similar place to post my stuff.

ranuelranuel on August 18th, 2007 11:05 pm (UTC)
Okay, according to the current DA TOS section 13 clearly states that to be a registered user you have to be 18. Section 8 says that providing false information to DA is a violation. Therefore, I can't figure out how they are getting away with ignoring that these kids are underage.

Anyway, although it says that you aren't to use false or misleading identifying information for yourself, no where does it cover using misleading key words or titles on pictures so that part is a go.

However, in reading the TOS it looks like none of the deleted pieces could be successfully defended because the language is so vague

Section 19 says:

You agree not to use the Service:

1. for any unlawful purposes;
2. to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, deviantART;

4. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13; [rest deleted]

So, despite a lot of gains in defending fanart as fair use it's far from settled in the courts and they could nail any of you on the grounds of #3. It's #2 that's the real problem though. Offensive to whom? What is vulgar? And objectionable? I find OOC "objectionable" so I could, in theory, complain about certain fanworks and the TOS would back me up. Basically the way it's worded anybody can complain about just about anything and if the person at the help desk that night has an axe to grind they can use the complaint to delete the work even if a reasonable person wouldn't complain about it and be able to point to the TOS as justification.

Basically, anything that two 15-year-olds can't do in the hallway at school in front of the principle, or in front of somebody's 80-year-old aunt at the church picnic could be interpreted as inappropriate to draw by strict interpretation of TOS. Even kissing.

And a picture of two bugs or two turtles getting it on would be "vulgar" at the very least.

And yet, there is fetish photography. Hypocrites.