Welcome to Inkbunny...
Allowed ratings
To view member-only content, create an account. ( Hide )
ZeloxQuo

Interesting situation - Legal use and rules of Inkbunny

EDIT/UPDATE: Just to let everyone know. I am not a lawyer. I am trying my best to understand a legal situation, and this is my interpretation of the law. This is my best understanding through research into what has happened.

This is specifically regarding a free base that was provided with no conditions, and then after someone used the base that the artist didn't like, they attempted to retroactively apply new conditions to it.

If anyone knows any lawyer who understands copyright law, along with what rights an artists holds after providing something for free for anyone to use. Please let them know about this. I stand to be corrected, and if I am, I have learned something.

I am more than happy to be corrected on this matter, and will happily not only step down, if I am wrong but issue an apology about my misunderstanding of the law to the artist in question.

Thank you for your understanding in this matter.
___________________________________________________


I had created a legal artwork that I legally owned, this was removed from the website due to the terms of service of this website (always siding with the artist even if an illegal request).

I have heavily modified a base that was given away/provided for free a little while ago, in fact, it was given away/provided for free for over 4 years.

Specifically here: https://archive.is/ILSFI

Now, here comes the slight controversy.

The artist didn't like it when someone they didn't like used the base that they had given everyone permission to use for free. When I saw their dislike, I got the archive link and got a copy of the base, while it was still being provided for free with no conditions.

Now, after Foxler used the base, they decided to try and 'revoke the right to use it'.

If you understand law, however, you would know that this concept is actually illegal.

The base was provided for free, with no qualifiers. No conditions. Nothing attached. In fact this was their statement: "A while back I did a free set of bases and since then, the files I uploaded for it had been deleted. I figured it was high time to remake this so everyone who wants and icon can have one :3"

Specifically the "everyone who wants and icon can have one". Right there, no conditions, no requirements, nothing.

Depending on which section of law you believe that this falls into, if it is an offer to use their copyrighted artwork for your own use, or if it is a gift. Once the offer, or the gift, has been accepted, you cannot turn around and then try to take it away if you don't like the person that you gave it to.

They have stated the following:
- "As the creator of the content, I am legally allowed to decide how my intellectual property is used. There is no one who is entitled to use my work without my consent."
- "Unless in which case said permission to use the base is revoked, which it has been. Offering people the ability to use it does not forfeit my claim to it as my intellectual property nor does it void my copyright."
- "I do have the right to decide how my work is used. Yes, I do retain the legal rights to my work even if I grant permission to people to borrow it. I can enforce it and will, thanks!"

No, once you have offered/gifted an artwork for others to use unconditionally, you do not retain legal rights to it. It is able to be used. You HAD the right to your artwork, and you CHOSE to offer/gift it away for free to anyone unconditionally. Just because you DECIDED to do such, doesn't mean that you can take the offer/gift away from those who accepted it.

That is incorrect.

That is illegal.

That is not your right.

You provided your artwork, to be used, without condition. And that is what people did.

So, if it was an offer, legally speaking, then the artist who offered it would be the offerer, and the one who accepted it the offeree. And, they did describe the interaction as an offer, so let us have a quick look at offer law.

The artist is the offeror, and I am the offeree.

HOW CAN AN OFFER BE TERMINATED?

Well, there are a few legal ways, lets have a quick look:

Revocation - An offer can be revoked before it is accepted. This offer was accepted by me before it was revoked, this isn't legal.

Rejection - An offer can be rejected by the offeree, and as such this has no place in this area right now.

Lapse of time - There was no time limit placed on the offer of using a free base, this isn't valid.

Conditional Offer - There were no conditions placed on the offer when the offeree accepted from the offeror as I have demonstrated by the archived link of the original offer.

Death - Neither the offeree or offeror died before the offer was accepted, this means nothing here.

Acceptance - The offeree accepted the offer from the offeror, and thus the contract was made. Once the offer was accepted by the offeree, the contract is formed and brought the offer to an end. It can be made either orally, in writing, or by the implication of conduct when they are received by the offeror.

Illegality - The offeror stating that the offer was to 'use a free base' has no illegal terms.

Therefore, what they are saying there, about 'revoking an offer after it has already been accepted' is actually illegal. And they are in the wrong.

Now, if it was a gift, and not an offer. Once the gift has been accepted, and it was with no conditions attached, the gift becomes the property of the one who receives it, which in this instance was me. And a gift cannot be given, and then taken away, again, that is illegal.

And now that they have seen my piece they are claiming the following:
"Oh good. Now the Altfurries are coming after me, editing my artwork and using it against my wishes to prove a point they don’t have. I was firm but polite in asking them not to use my work and now they’re whining like entitled babies about “muh rights” while ignoring mine, lol."

There is no-one coming after you. And yes the artwork needed to be edited, because it was for a canine base, and I don't have a canine character. It had to be edited to make it work for my character.

And no, it isn't against your wishes, it was complying with your wishes in your original offer/gift that were unconditional.

The only individual in this situation who is 'whining like an entitled baby about “muh rights” while ignoring the rights of those who accepted your offer/gift', is actually you.

Grow up. Learn that you had offered a free base for anyone to use without any conditions. And that means that some folk that you don't like might use it. They have every legal right to use it, according to your offer/gift, and you have no right to try and illegally take away their right to use it.

Oh bugger, almost forgot. Due to the high volume of editing I had to do to make it match my character rather than what was provided, not only is it legally my right to have this due to it being an offer/gift that I accepted and hence permission cannot be removed after acceptance, legally, but it is also heavily modified and would be legal under Fair Use as well! Three way legal on my part!

So, it was legal on every possible front. However this website has the conditions that if an artist removes permission, even illegally, that the artwork will be removed. Yeesh. I definitely hope that Hasbro never finds this website. Otherwise a LOT of content will instantly get removed instantly.

So, I had every legal right to create it, every legal right to upload it, but unfortunately the website will side with the illegal changes of permission of an artist that has illegally removed consent after the act.

Boy. That removal of consent after the act sure reminds me of an issue that some people face...

Anyway, the original has been removed, because the artist illegally changed their permission after the fact, as outlined above. I do wish that I had archived it before it was removed. And, as per the terms of service of this website, I will not upload any artworks that have been removed, nor any that the artist has removed permission (illegally) from.

Guess I'll just have to link to some archives of Tweets that include the legally produced and owned by me artworks, as they cannot be hosted on this website due to the way this website works:
- https://archive.is/4RRbA
- https://archive.is/GpFAy

But boy are they happy with the result:
- https://archive.is/IcgxA
Boasting that they filed two illegal DMCA notices, and managed to get a website to follow their terms of service that include listening to illegal requests of artists. Nicely done indeed.

This right here. This gatekeeping, this trying to do illegal things due to their hatred and bigotry against others in the subculture. This is why we need #AltFurry.
Viewed: 131 times
Added: 6 years, 1 month ago
 
ZeloxQuo
6 years, 1 month ago
If the rules of the website are looked at, and I cannot link to archive.is to explain this situation.

I would very much like this journal to remain, and will happily edit it to remove any links.

Please consider this when you are considering your actions, moderators of Inkbunny.

Thank you for your time.
~Zelox
ZeloxQuo
6 years, 1 month ago
If there are any comments that the moderators of Inkbunny deem to be harassing in any way, please remove them as soon as they are noticed by the staff.

Furthermore, if you deem this journal to be defamation, please allow me to rewrite it in such a manner as to more appropriately address the concerns in a way that will not be considered 'defamation'.

Thank you for your consideration, moderators of Inkbunny.
~Zelox
Delrar
6 years, 1 month ago
that's just how it is on this bitch of an earth.
ZeloxQuo
6 years, 1 month ago
Yeah, pretty much.
Evolve
6 years, 1 month ago
don't give stuff away for free. this is the internet. misuse will happen
ZeloxQuo
6 years, 1 month ago
Well, better yet.

If you give something away for free, realise that you have given something away for free and don't pretend that you still own it after giving it away maybe?

And yes, misuse will happen.
Maulkin
6 years, 1 month ago
Specifically, the user offered a gift of artwork with no strings attached, to modify for recoloring - a 'free icon base'. This was accepted when the user began working on the recoloring. After the recipient has accepted the gift, the giver can no longer take it back.

She still retains ownership of the work; but prior to her revocation, anyone who accepted the gift of using the base for an icon would absolutely have the right to use it and continue using it.

It was wrong for InkBunny to remove it. Then again, they've done some rather contradictory stuff regarding Pepe and my work, so I really shouldn't be surprised.
ZeloxQuo
6 years, 1 month ago
Yes exactly.

They absolutely still retain ownership and copyright to the artwork. They however cannot request that folks who have used their freely provided with no conditions artwork to take it down.

They can ask politely, and hope that the individual does. But they cannot force it, legally.
Evolve
6 years, 1 month ago
https://inkbunny.net/j/308480

this guy gives stuff away for free but he's been around.
i showed him the journal and he said something.
read it or don't. whatever.
ZeloxQuo
6 years, 1 month ago
Heh, thank you.

And yes, I read it.
ZeloxQuo
6 years, 1 month ago
For reference, there were a lot more comments here, however the entire chain of comments were removed due to inappropriate behaviour of some of the individuals involved.

I would like to reference some of it, and might well do soon to better provide information to anyone who is coming into this journal seeking information and context.
ZeloxQuo
6 years, 1 month ago
Ok, have given the artist who stated some interesting comments the ability to respond and repost them, well over a day now.

But, they seemed to have declined. Therefore, I'll need to address some of the incorrect things that they stated, to correct the record for anyone who saw said comments and didn't see any response to them.

Here are the pertinent comments, without the harassment that was spread between them: https://archive.is/QmsTB https://archive.is/EAsHC https://archive.is/fZNiX

Alright, so, lets have a quick look at some of this then.

Anuvia doesn't use Inkbunny pretty much at all, fair enough, to each their own. I'm here because the mods seem to support most of the freedom of speech/expression areas. While I believe that some improvements can be made, out of the available furry websites, they pretty much rank the highest in that area.

I didn't mean any harm at all. And disagreement isn't harassment, nor harm.

" While I'm no ally to the Alt Right, I'm not to the opposition either especially since that side has given me continuous hate and threats for years because I criticized aspects of their movements and have been put on plenty of "bad people" lists for it.


Uhh, not sure why you are bringing up the alt-right here. AltFurry isn't alt-right.

But anyway, most of that response, seems to be pretty fair. Well, other than the 'my issue has always been with the Furry Raiders'. Ok, fine. Have any evidence to back up what you are saying?

But then the later response is worse.

" That's actually not true!

My issue was with VevoChroma2 and Foxler. I asked Chroma, quite politely, I might add, to not use my work because I didn't want the association to the Furry raiders. Foxler stepped in looking to reignite a war from the past and did the same. I asked him to remove it and then Alt Furry jumped in to heckle me and began editing/redistributing my work under the assumption that my issue with Foxler extended to them. I did not say a word to Alt Furry, they came tk me and when they began trying to troll me (poorly), that was when I began asking for takedowns. I always always asked them first before I filed any DMCAs because I wanted to give them a chance to honor my wishes as the IP holder and I felt that was a fair thing to do. Why file take downs when I could just ask first?

However them coming at me with edited versions of my art and calling me names could be considered unprovoked harassment since it's been drove of them nonstop for hours sending me spam messages to clog my mentions, reporting things I took down myself and them making a call to arms against me. They came at me, not vise versa.


Interesting. All wrong. But interesting.

Ok, we will have to break this down slowly now.

VevoChroma2 used a free icon base that was offered for over 4 years. Anuvia didn't like them, and asked them to remove it.

This appeared to frustrate Foxler, and so he used the free base to also make an icon.

The free base that was openly listed for all to use with no conditions attached.

So far, what both VevoChroma and Foxler have done is completely fine.

I saw the conversation that was starting to happen, grabbed the art and started to make it into an icon. As per the free use requirements.

There was no 'jumping in to heckle' Anuvia, this is her playing the victim here. She started it by disliking someone using the art she offered for free. And then that, obviously, for me at least, is a matter of principle. And it seems to be for Foxler too.

Anuvia then attempts to understand the mind and inner workings of everyone in AltFurry, me especially. I didn't try to 'troll' her. I just wanted to post my art, as for me, it was a matter of principle and that I disagreed with her on the ability to revoke and change the conditions of something offered for free after someone has already put the effort into it.
ZeloxQuo
6 years, 1 month ago
" However them coming at me with edited versions of my art and calling me names could be considered unprovoked harassment since it's been drove of them nonstop for hours sending me spam messages to clog my mentions, reporting things I took down myself and them making a call to arms against me. They came at me, not vise versa.


How many times do I need to say this.

Yes, I edited your art. I had to. It was for a canine. I don't have a canine character. I needed to heavily modify it to make it at least reasonably close to what I needed as a character.

I do not recall people calling you names, just disagreeing with you and saying that you were silly. Disagreement, again, isn't harassment.

" them making a call to arms against me


Honey. You aren't that important.

You really aren't.

For me, the creator and editor of the artwork. It was a matter of principle. For the limited amount of others. I mean, what was it, 4 people, 5? They were just there to disagree with you, because you were boasting about getting things taken down and just behaving like a... not very nice person.

Wait wait... so... hold on.

" They came at me, not vice versa.


Oh really now? Is that what it takes to be a victim in this scenario?

Huh, interesting. Ok then. So when you posted this tweet chain: https://archive.is/8ahE9

When you 'came at' Foxler and spread lies and misinformation about him. When you initiated it against him... that means that justifies any actions he has against you then?

I mean, when another furry, who wasn't even a Furry Raider and isn't a Furry Raider still came to you and responded with a joke: https://archive.is/n6VTU https://archive.is/BYf7h

About pasting the parody logo around your neighbourhood. You claimed that it was a threat.

Is this the 'threat' from the 'Furry Raider' that you were talking about before?

Because, if so, it isn't a threat and it isn't from a Furry Raider.

It is the only thing in your Twitter account that I could find with you calling it a threat, that seemed somewhat related to what you were talking about to Foxler.

So, you started by attacking Foxler. Then you try and get a Furry Raider to stop using a free icon base that you offered for everyone to be able to use after they had put in the effort to make it. Then you get frustrated that Foxler also decides to use the free icon base.

Then you say that you didn't start anything? And that everyone came to you?

I really don't understand your reasoning. And, I would love it if you saw these comments and were to respond.
nelly
6 years, 1 month ago
You really want me to respond to this?

" ... this was removed from the website due to the terms of service of this website (always siding with the artist even if an illegal request).


On the contrary, a DMCA takedown request which meets all the elements is indeed a legal request. If IB doesn't want to lose their safe harbor status, they have no choice but to comply. They are not arbiters.

" The artist didn't like it when someone they didn't like used the base that they had given everyone permission to use for free. When I saw their dislike, I got the archive link and got a copy of the base, while it was still being provided for free with no conditions.


The phrase "no conditions" is misleading because it implies that there are no gap-fillers in IP law that impose conditions on a license. Unless the license explicitly disclaims any and all protections (in which case it is not really a license), there are always conditions.

" Now, after Foxler used the base, they decided to try and 'revoke the right to use it'. If you understand law, however, you would know that this concept is actually illegal.


I do "understand law" but I didn't know that this concept is illegal. You can actually revoke a license unilaterally.

" The base was provided for free, with no qualifiers. No conditions. Nothing attached. . . . Specifically the "everyone who wants and icon can have one". Right there, no conditions, no requirements, nothing.


I'd love to see this in a brief sometime. A true gem of persuasive argument here.

" Depending on which section of law you believe that this falls into, if it is an offer to use their copyrighted artwork for your own use, or if it is a gift. Once the offer, or the gift, has been accepted, you cannot turn around and then try to take it away if you don't like the person that you gave it to.


You're throwing around terms like "offer" and "gift" that don't strictly apply here. This is a license, plain and simple. A perpetual, non-exclusive, revocable license.

" [O]nce you have offered/gifted an artwork for others to use unconditionally, you do not retain legal rights to it.


Absolutely, positively, 100% wrong. The copyright does not just vanish into thin air.

" So, if it was an offer, legally speaking, then the artist who offered it would be the offerer, and the one who accepted it the offeree. And, they did describe the interaction as an offer, so let us have a quick look at offer law.


I'm assuming you mean contract law, not "offer law", which doesn't exist. For a contract to exist, you must first satisfy the threshold elements of offer, acceptance, and consideration. There is no consideration here, so there is no contract.

" Now, if it was a gift, and not an offer. Once the gift has been accepted, and it was with no conditions attached, the gift becomes the property of the one who receives it, which in this instance was me. And a gift cannot be given, and then taken away, again, that is illegal.


A gift cannot, a license can.

" Due to the high volume of editing I had to do to make it match my character rather than what was provided . . . it is also heavily modified and would be legal under Fair Use as well!


Fair use is an extremely fact-dependent analysis with a variety of factors. "I edited it a lot" is not necessarily sufficient to reach that bar.

" Boy. That removal of consent after the act sure reminds me of an issue that some people face...


A satisfyingly tactless quip to wrap things up, good work.

" EDIT/UPDATE: Just to let everyone know. I am not a lawyer. I am trying my best to understand a legal situation, and this is my interpretation of the law.


That should just about sum it up, frankly. IP law is something that takes years to learn and decades to master. Please don't try to "educate" people (even altfurries) with legally inaccurate and misleading advice.
nelly
6 years, 1 month ago
I should add (as a separate comment because I'm out of characters) that you could build some sort of equitable estoppel claim despite the revocation of the license. Strictly speaking, this does not make the revocation itself illegal, it just means that the artist would be estopped from enforcing it on equitable grounds. But because there are no damages, there is no relief to be granted here, or even really a claim upon which relief could be granted, so you wouldn't survive a motion to dismiss.
ZeloxQuo
6 years, 1 month ago
" On the contrary, a DMCA takedown request which meets all the elements is indeed a legal request. If IB doesn't want to lose their safe harbor status, they have no choice but to comply. They are not arbiters.


Incorrect. No DMCA was issued to Inkbunny. It is a part of the terms of service of the website after a request from the artist was made.

" The phrase "no conditions" is misleading because it implies that there are no gap-fillers in IP law that impose conditions on a license. Unless the license explicitly disclaims any and all protections (in which case it is not really a license), there are always conditions.


Wonderful. Fine with me if that is the case. However she did not list that she was granting everyone a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with websites in the use of icons and artworks. You... kinda need to detail that out clearly, again, to the best of my knowledge.

As the archive indicates, all she said was "everyone who wants and icon can have one" and that was it. No conditions, no granting of licence use. Nothing. Giving it away. This is why websites have to actively detail that kind of thing. Because without it, people can assume that it is a gift or an offer, and therefore, legally, to the best of my knowledge, because nothing is actually detailed, it is such.

To the best of my understanding, she was not granting use of her licence, because she was instead allowing others to use her copyright material to create an icon. Which would fall under either gift or offer law. Again, to the best of my understanding.

Though, again, I am trying my best to understand this. And if someone is able to offer something for free, and then change their mind after the fact, and force people to take it down/get rid of it. That seems completely bizarre.

She would, to grant a use of a license in such a manner, have to write an end user license agreement. Again, to the best of my knowledge.

" I do "understand law" but I didn't know that this concept is illegal. You can actually revoke a license unilaterally.


Yes you can indeed. And, again, I do not believe that such a thing was granted. Because of the way that it was structured and put forwards.

" Absolutely, positively, 100% wrong. The copyright does not just vanish into thin air.


Did I magically say that she lost copyright? Where did I ever claim that? I mean, if you bothered to look at the comments I was even saying that she retained copyright to her original artwork. So, no, you are wrong here, I didn't say nor claim that at all.

" I'm assuming you mean contract law, not "offer law", which doesn't exist. For a contract to exist, you must first satisfy the threshold elements of offer, acceptance, and consideration. There is no consideration here, so there is no contract.


Yes I do mean contract law, apologies for getting that wrong in my writhing. Consideration can be numerous things. And in this instance, I believe that the consideration was when I downloaded the artwork itself. A consideration can be numerous things, from payment through to getting possession of something. I got possession of the artwork. I accepted the offer that was unconditional, and then the consideration was that I, for no cost, downloaded the base. Thus completing the offer. Again, I am unsure as to if this was an offer or a gift. I was trying to look into it a decent bit, but couldn't find the most appropriate law.
ZeloxQuo
6 years, 1 month ago
" A gift cannot, a license can.


A gift cannot, an offer cannot, a license can. And, as I have stated before, I do not believe that she was granting to everyone a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with websites in the use of icons and artworks. Because she never stated such. She stated that it was free for anyone to use. Completely different situation.

Just because she is offering use of her copyrighted material doesn't mean that it is automatically a license offer, again, to the best of my knowledge.

" Fair use is an extremely fact-dependent analysis with a variety of factors. "I edited it a lot" is not necessarily sufficient to reach that bar.


Yes I know this. It needs to be a lot of different things and fall into a lot of different areas. I have looked into it before.

" That should just about sum it up, frankly. IP law is something that takes years to learn and decades to master. Please don't try to "educate" people (even altfurries) with legally inaccurate and misleading advice.


Good thing that I'm not trying to educate people. I'm stating my views on something and asking for feedback.

Heck, if a lawyer who actually knows copyright and IP law were to see this, I would utterly love them to respond and let me know just how right/wrong I was and in the different areas.

I like to learn. And if I am wrong, I will happily learn from it, state that I was wrong, and publicly apologise for kicking up a stink about this whole thing!

ZeloxQuo
6 years, 1 month ago
Found these comments about the subject of this journal, so thought to address them here.

https://archive.is/Vd1fk

" "Sad part is that Zelox does this all the time, plagiarize people's art & characters then use "soft" words to hide the intention. But when he's caught he drops the demeanor via journal & tries hard to not insult the administration in the process then does it again once it's quiet."

"On both Inkbunny and Furaffinity he does this for over a year wether he gets caught or not. So far he's been suspended twice on FA for going further than the passive aggressive excuses for some reason."


Well, that is quite a few lies to address.

Ok. No, I don't plagiarise anyone, art or characters.

I don't use 'soft' words to 'hide my intention'. I speak clearly, if a little verbose, about issues that I feel are important, or things I would like to discuss. No mixing words. I state things clearly.

I don't have to 'try hard to not insult the administration', I just... don't. It is very easy actually. Especially if they haven't done anything wrong (like in the case of Inkbunny).

No idea what 'then does it again once it's quiet' is about. It seems to make no sense.

"On both Inkbunny and Furaffinity he does this for over a year wether he gets caught or not. So far he's been suspended twice on FA for going further than the passive aggressive excuses for some reason."

No. That. No. I have always done this. I always have engaged with people. Have you looked at my art journal? The first two entries are about exactly this issue. Engaging with people and being silenced because 'they are right'. Seriously. You have no idea about me at all and you have no idea what you are talking about.

Yes, I have been suspended from FA. Because they are partisan in how they enforce their rulings. They ignore things that they don't like, and they enforce things that they support. It is extreme biased there.

And no, I don't make passive aggressive things. I deal with issues, clearly, and state my thoughts and reasoning.

But hey! Presume to know someone, falsely presume all of their actions and then lie about them to folks! Things that I don't do, but you are currently doing.
ZeloxQuo
6 years, 1 month ago
https://archive.is/a3Dlw

" "That moment when a creepy stalker who tends to show off plagiarized artwork stalks you in some crappy furry site just to inform you that he doesn't plagiarize anyone's art while showing off new plagiarized artwork on Twitter."


Coming from the creepy stalker who has been following me on every furry platform that I am active... this is rather funny.

Perhaps an almost perfect example of "Sargon's Law"?
Yiffox
6 years ago
sargon's law?  i am vaguely following this, and little interest as all my artworks are my own...however...since i have created so many, some 5000 over past 8 yrs...Ive seen people say Ive seen that before, or that is not yours...I have pdfs for evertying i made...so what is issue here
New Comment:
Move reply box to top
Log in or create an account to comment.