\o/ that's one way of earning more money, i guess

That's pretty clever. I like it.

WHY THE HELL DID TOU TAKE THE UNDERLINE OFF OF LINKS, NO ONE CAN TELL THERE IS A LINK ANYMORE!

WHY DO I HAVE TO SEE THE SAME BLOGS I DON'T FOLLOW OR WANT TO SEE JUST BECAUSE I CLICKED LIKE ONCE BY ACCIDENT?

WHY DO YOU HAVE DISEMBODIED BLASTS OF SOUND THAT FORCE US TO RELOAD OUR DASHBOARD?

WHY DOESN'T XKIT WORK AND WHY DON'T YOU JUST ADOPT ALL THEIR CODING SO WE DONT HAVE TO GIVE THEM THE POWER TO MAKE POSTS?

WHY DON'T YOU HAVE A CAFE WHERE WE CAN DISPLAY OUR BOGS ON GIANT OR TINY SCREENS TO MEET PEOPLE. AND TREADMILLS?

WHY DON'T YOU HAVE A CONVENTION? DO YOU HATE MAKING MONEY?

@rollership There's a new xkit that totally works! And it's not the responsibility of the tumblr devs to maintain xkit so I declare that specific complaint to be null and void.

new xkit: https://github.com/new-xkit/XKit

This:

"You also agree that you will respect the intellectual property rights of
others, and represent and warrant that you have all of the necessary rights
to grant us this license for all Subscriber Content you transfer to us."

Fan art legally is not intellectual property from already copyrighted material of the TV show or movie. Your members claim way too much IP rights for copyrights they do not own. You may want to correct that legally before you get sued by the original IP copyright holder, like Disney, Marvel, DC Comics, et al., etc.

You need to work on that because you threatened to delete my account for sharing it from another social media platform.

I'd recommend that users keep comments in one comment instead of clustering several at a time; it's difficult to read others' input.

I don't really understand how Xkit factors into a diff, but I think Tumblr has made a few great usability changes as of late. There's certainly much more that can be improved (as I still use Xkit myself) but I look forward to the future.

@rollership you might have better luck messaging Tumblr support. I'm not sure this is the correct forum for the issues (valid as they may be) that you're raising.

Tumblir die

@bokatan sure, but what's that have to do with this diff?

Tumblr said to respect the IP of the creators. My account was reported for sharing an image from another platform that is FAN ART and I was told that my account would get deleted because I shared it.

FAN ART is when you take your fave subject matter and create art. For example, you like Star Wars and you create fan art of your fave main characters. While you took your hard time to create the art, you do NOT OWN INTELLECTUAL PROPERTY on your fave characters and you are OWED NOTHING for the image other than LABOR to create the image. DEMANDING ATTRIBUTION is irrelevant because you do not own the intellectual property copyright of the FAN ART... That's how it is right now.

What do you mean? The statement is clear:

You also agree that you will respect the intellectual property rights of
others

If you are referring to the green part, that was not there for my OP. As far as Tumblr posting ads. Social media money making is the way it is. I hate that their ads have sound, but oh well.

This section is for the commit diff - AKA the stuff in green.

+    Tumblr may add its own affiliate code to links posted on Tumblr at its 
+    discretion, provided a user has not previously included their own affiliate
+    code into the applicable link. Users may opt out of this functionality 
+    here: https://www.tumblr.com/settings/blog.

Although it seems Tumblr is fine with discussion, the issues you're bringing up aren't at all relevant to the topic of this thread. In other words, I don't believe this is the correct outlet for your feedback.

Nobody is in the right or wrong, and all of our opinions are valid. Just please try to keep on topic.

@alolmeha I'm not wrong. Just because you create another wheel, does not mean you OWN the INTELLECTUAL PROPERTY COPYRIGHT of the content of the materials. It's unoriginal. Requires no thought or purpose to it. It is not creative. Why can't you create your own art out of your own mind rather than stealing art from a movie's or TV show's for your art creative content? And if you post it on the internet, it's too late to complain about posters doing what they do to the work. Tumblr should not threaten deletion of accounts for reblog/resharing a movie's or TV show's creation of their characters drawn by another FAN in FAN ART when the FAN does not own it. All the FAN did is help the distribution and production companies and that's more marketing dollars for them. Fan artists need to understand that fact.

As long as the users not included affiliate link previously and we can opt out from settings. That's okay for me, that's tumblr's way to make more money from it's platform

@bokatan, @alolmeha is correct. Fan art is a derivative work of the characters and stories it's based on, but it's not owned by the creators of those characters and stories. If allowed under fair use (which you seem to be arguing that it ought to be, because it's free advertising), fan art is copyrighted by the person who made it.

That's unfortunate you feel that way @aidan-fitz that is not the way I read IP statues, which vary state to state and the copyright laws in place. Most people do not have commissions from media entertainment distribution companies that make movies, television and comics to allow any derivatization that makes a DEMAND by the fan artist for an explicit attribution under cruelty and duress, like a shakedown, for the said fan art work. You cannot take "Mickey Mouse" and create whatever art you want and sell it on a T-shirt throughout social media without Disney's approval. Even if you change the color of the ears or the part where is mouth. It's NOT a derivative. Because that character is TRADEMARKED under a corporation. Most distribution companies trademark their intellectual property, not just copyright. For a fan artist from an unknown place to post on Tumblr their fan art derivative, and then bully an unsuspecting blog with a report to Tumblr about their fan art being stolen by someone who likes it enough to post it, would be FRAUDULENT and is a lie.

Read what I said again. I did not claim that fan artists own the characters they're making fan art of. I said the exact opposite. With fan art, there are two (or more) copyrights at work. One for the character. The other for the art itself.

It's NOT a derivtive [sic], it's STOLEN.

That's "the same thing," because the owner of the original character has the exclusive right to create derivative works of it. If fair use didn't apply, the person who made the fan art would be violating that right. (I prefer not to describe copyright infringement as "theft." It's more like trespassing. But I digress.)

For a fan artist to demand then report to Tumblr about their fan art being stolen by someone who posts is a lie.

It's "hypocritical" for someone to commit copyright infringement and then accuse someone else of infringing their copyrights. However, as I'm about to argue, fan art generally does not violate copyright.

Under 17 U.S.C. § 107, a court may determine whether or not the fair use exemption applies based on:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Based on item 4, fair use is more likely to apply if the use does not harm the original creator's ability to commercialize their work. As you previously stated,

All the FAN did is help the distribution and production companies and that's more marketing dollars for them

Because it's free advertising, fan art actually helps content creators commercialize their work. Therefore, it's more likely to qualify as fair use.

As for your point about trademarks: I don't know as much about trademark law. Wikipedia says:

Common factors that may be relevant to fanfiction include:

1. How well known and distinctive the mark allegedly being infringed is;
2. How similar the infringing mark is to the original mark;
3. How similar the allegedly infringing goods or services are to the markholder’s goods or services;
4. Whether the infringer intended to deceive the purchasing public or to trade on the good will of the markholder;
5. The level of sophistication of those persons or groups likely to be the consumers of the mark;
6. Whether consumers were actually confused as to the source of the goods or services.
   The courts can weigh the factors in individual cases, and may consider additional factors as they please.
   To the extent that fanfiction uses source-identifying characters, settings and such, the marks are often well known are identical to the original, and are used in similar types of goods (i.e., written fiction). In this way, the first three factors relayed here weigh for the trademark holder.
   However, fanfiction writers generally do not intend to deceive the consuming public as to the source of the work, and often include prominent disclaimers at the outset of their works stating that the works are not the products of the original creators, both to honor the original creator and to prevent any possible confusion as to source. In addition, as a consuming audience, fanfiction readers are generally sophisticated regarding works' status as fanfiction, and are aware that fanfiction is not written or endorsed by those who hold the trademarks. As such, the last three factors tend to weigh in the direction of fanfiction writers.

That's the legal theory. In practice, most content creators have moved towards tolerating fan art more, because it helps their sales and because it would not be cost-effective to go after fan artists. Some authors still dislike fan fiction of their work, but fans usually respect their wishes.

Disclaimer: I am not a lawyer; the above is just my opinion and is not legal advice.

Then @aidan-fitz how is your buddy @alolmeha right?

It's "hypocritical" for someone to commit copyright infringement and then accuse someone else of infringing their copyrights. However, as I'm about to argue, fan art generally does not violate copyright.

Fan art, by its very nature DOES violate copyright even if you extol the virtues of FAIR USE. Fair use of someone's intellectual property in a freedom of expression of that art. But, the problem is to DEMAND attribution under the threat of duress to report to Tumblr is a VIOLATION of copyright and fair use. DEMAND through threat - it is indicative of a commercial venture or remuneration for the ART itself, inherently including its content. Recognition for the artist by name is a branding phenomena for the art, which makes it a commercial venture. Fair use is not about PROFITING directly from the art item, character, content, etc.

I know this for a fact because I received threats from Tumblr users who report my account to the staff. Then, I was told by staff that my account would be deleted - for posting FAN ART that I found on other social media platforms and search programs and I wanted to share with my followers on my blog as an appreciation. I run a business with a legal small business license and EIN, so deleting my account is would be detrimental.

Fan fiction has nothing to do with my discussion. I am unwilling to add another concept to have a raise the bar logic. My discussion is about fan art, only. If you want to have hurt feelings, you can show me the entire literature to justify your position. But I know what I know and I know I'm right. That's my cognitive dissonance.

ok tumbler

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