April 2012
All of Arizona’s marbles have fallen into the Grand Canyon and we cannot seem to find them.
- What Marx said: Between capitalist and communist society there lies the period of the revolutionary transformation of the one into the other. Corresponding to this is also a political transition period in which the state can be nothing but the revolutionary dictatorship of the proletariat.
- What Stalin read: Blah blah blah blah state blah blah blah blah dictatorship blah blah.
Okay, mate!
Ahem…
Once upon a time, Spy died, and I lived happily ever after.
The end.
Or “How I Learned To Keep Worrying and Love Reading Fine Print”
This morning I received a very pleasant, complimentary note from a group on deviantART supporting a site called SHOPAXE, which is supposed to be something like deviantART but more professional. I was asked if I would be interested in joining their site, most particularly posting my portfolio there to help bolster numbers while they get off the ground. I’m always up for helping new sites get their running shoes on (I do web design partially for this exact reason) so I checked it out.
The first thing I noticed was how disorganized the front page seems to be, followed by the running ticker of things people have recently bought. So this is a commercial based site rather than a community based one, that’s fine. I read through their information, and found no mention of intellectual rights, commercial usage, etc, so I went looking for their Terms of Service. Like most sites, it’s at the veeeery bottom of the page, in the tiny tiny links along the footer.
Overall the terms seemed fairly normal (you must own copyright to everything you post, no theft or plagiarism, etc) until I got to the clause titled “Use of Information and Member Content.” This is what I was looking for.
And this, folks, is why I ALWAYS read the fine print.
I’m going to break this down.We reserve the right, and you authorize us, to the use and assignment of all of your information and Member Content regarding your use of our Website, Service, or Products in any manner consistent with our Privacy Policy.
SHOPAXE can tell people about how you use their website, according to the terms in their privacy policy. (I didn’t bother reading the policy, but I’m sure it’s worth a look given the rest of this clause.)All remarks, suggestions, ideas, graphics, Member Content, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property.
If you upload something to SHOPAXE, they own it.
But wait, you say, doesn’t deviantART have a similar clause, for use in advertising, Daily Deviation selection, etc? Yes, yes they do. What deviantART’s terms lack, however, is the following.To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant Shopaxe a perpetual, irrevocable, royalty-free, world-wide license to use such Submission as we see fit, in any form whether on our Website or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations.
If you submit something to SHOPAXE, not only do they have the right to use the image however they want, but they can also copy the concept if they like it, and there is nothing you can do about it. That logo you created for a local company? It’s pretty cool, and they want to make something identical for their own use. Because of this clause, they are allowed. There is nothing you can do.Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Emphasis mine.
They can use your work, sell your work, do whatever they want with your work, and they neither have to compensate nor notify you that they’re doing it. Furthermore, you’re the one who maintains the legal responsibility of the piece, meaning if they put something into print that contains copyrighted material (eg: fanart, commercial fonts, etc) and get sued for it, the artist is the one responsible for handling the suit. The artist, who might not even know that their piece has been used commercially, will be the one to go to court over it.
This is why it’s so important to always, ALWAYS read the ToS on a new creative works site you’re joining.Reblogging with full text, as I feel this post raises some EXTREMELY important points for all artists who post their work on the web.
Most of us are conditioned to gloss over the ToS of the sites we join. Most of the time it’s pretty innocuous and just covers the company’s ass, and you know you’re pretty safe with big, well-known corporations like Google or Blizzard.
But not everyone is Google or Blizzard.
Some newer, lesser known companies, such as the above, may use the ToS to slip in clauses that doesn’t just protect them, but allows them to take advantage of their users. As the author pointed out, Deviant Art does have some sections in their ToS that allows them to use anything you submit for a very limited, specific set of purposes. Your rights as an artist, however, are still fairly well protected.
This company strips artists of their rights, but manages to leave them with legal responsibilities at the same time, and does so in an underhanded way. They know 99% of the people who sign up won’t bother to read the fine print. Even if they don’t exercise these clauses over you, the fact that they exist is pretty terrifying!
So please, before you post your artwork ANYWHERE on the web that’s not on your own personal hosting, read the Terms of Service!
March 2012
“I think gender can take a lesson from S/M: gender needs to be safe, sane, and consensual. Gender is not safe. If I change my gender, I’m at risk of homicide, suicide or a life devoid of half my possibilities. If I’m born with a body that gives mixed gender signals, I’m at risk…
In this video at 34:25 , Rick Santorum called Barack Obama the N word.
If you still support his ass, I’m going to pray for you or something.
At first I thought this was another one of those put-outrageous-text-over-a-Santorum-picture-that-he-didn’t-actually-say deals but nope. 100% legit Santorum terribleness, right there in the video link as promised.
I feel like we are politically at the most racist and sexist we’ve been in over 50 years right now, and I can’t fucking believe it.
How he made it this far is completely and utterly beyond me.
Thanks for the follow!
Supreme Courts’s 5-4 decision yesterday to negate part of the Family Leave Act:
“I’ll be damned if the conservatives on the Supreme Court weren’t getting jealous of all the congressional and state-level battles in the war on women and decided that they needed to take up arms themselves….
First, conservatives want to make sure you get pregnant by limiting access to birth control, then force you to have the baby by limiting access to abortions, then if you get fired for taking time off to have the baby, you have no right to recourse for being fired. Great. All these things that have been litigated decades ago and established as basic rights have been inverted.” - Nicole Belle
No birth control, no health screenings for mother or child, no job to come back to. That is the family values of the Republican Party.
back in its early days christians would get into really heated arguments about things like whether the eucharist was the literal body of christ, whether the father, son, and holy ghost were made of the same divine material, and the exact nature of jesus and mary magdalene’s…
- Your ability to memorize mostly useless things
- Your ability to regurgitate information in the way others want you to
- Your ability to understand what adults want from you and give it to them
- Your tolerance for working on tasks you don’t find useful…
New Details in Trayvon Martin Case: This is why the police didn’t want to release his cell phone
Trayvon Martin’s girlfriend has spoken out. She was on the phone with Trayvon just moments before his murder.
“He said this man was watching him, so he put his hoodie on. He said he lost the man. I asked Trayvon to run, and he said he was going to walk fast. I told him to run but he said he was not going to run. Eventually he would run, thinking that he’d managed to escape. But suddenly the strange man was back, cornering him.
*TRIGGER WARNING - TRANSPHOBIA, TRANSPHOBIC SLURS TRANSMISOGYNY, AND CISSEXISM*
Urban Outfitters outlets have been selling this horribly offensive card. Please reblog and contact them to complain. The general Urban Outfitters email address to complain: UrbanEuropeCS@urbanout.com Company president, Richard Hayne: richard.hayne@urbanout.com



