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Aria's Neopets Blog

@deceptively-neo / deceptively-neo.tumblr.com

Welcome to Moltara.
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reblogged

I redesigned the site layout!

I couldn’t cover every page and feature because that would take more than one weekend, but if anyone has any suggestions/requests regarding redesigns, or questions about this one, I’d love to hear them!

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“How big should the eyrie be? And flotsams?” “Just fuck me up”

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r-u-u-e

Ahhhh, still can’t get over how adorably small flotsams are!! ❤️

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aishabitch

WHY ARE MEERCRAS SO BIG I THOUGHT THEY WERE PINT SIZED

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my neo faeriesona! 

I took this personality test to see which type I’d be (and I got Dark aksjdh) she’s riddled with self doubt and anxiety so that’s where most of her evil magic comes from

(took inspiration from the Darkest Faerie Sisters so I guess she’s the missing fourth one that wanted to stay home instead ksjd)

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tried uploading this last night but the quality was poor but !!! 

old idea I had YEARS ago I might reboot :oo

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trainzelda

“wolf link is links fursona” shut up you have no knowledge of zelda lore. the wolf form has no bearing on who link is as a person, thats just the power of the chosen one. a true zelda fan would know that links canon fursona is a rabbit, as its said in a link to the past that in the dark world everyone takes the form of an animal that reflects their true nature, and what is link in the dark world? a pink rabbit. that is his official, canon fursona and I don;t want to hear anything otherwise

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the beast: i’m gonna be cursed forever….. for who could ever learn to love a beast? :(

belle, local furry:

image
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slimy

🏳️‍🌈 HE’S GAY! 🏳️‍🌈

various Bruce gay pride icons, feel free to use anywhere without credit 🏳️‍🌈
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Gilly: You believe me?
Bruno: Gilly, you’re the last good person on this planet. I‘d believe cartoon birds braided your hair this morning.
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meepit

I painted this for Fyora Day earlier this year bc I love entering the AG for faerie-themes but always miss the deadlines, so here she is finally! I made it in and a childhood dream came true- this was used on the NEWS PAGE!! ;o;

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Remember to give ur snakey boyfriend plenty of smooches every day

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reblogged
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mojavescr1pt

im seein talk abt tnt stealing artwork again and while on moral grounds i agree with “tnt should not steal artwork made by independent artists”, on legal grounds i’m afraid they’re completely able to do this? and its not stealing? unfortunately

anything created using neopets (and uploaded to neopets), characters, concepts, or otherwise can be used however they want (part B section 2 of their terms of service). granted, the artist’s work is no longer on neopets in full, but people absolutely use their art on the daily on the website, allowing tnt to have access to it.

granted, there’s a ton of caveats in the TOS that are not upheld, including some sort of embargo on posting neopets content to other websites (part b section 1 paragraph 2)? i dont buy that one in particular since i think it was written prior to social media becoming a big deal but i digress

anyway, stay frosty folks. tnt is legally allowed to use any content you made involving neopets without your permission. it sucks, and i hate it, but it is what it is.

You can’t actually claim rights to all derivative works just because your TOS says you can, nor can you claim the rights to a work submitted by a third party if the third party doesn’t have transferable rights.

@deceptively-neo is right, you moron! 

Hi there! I wrote this post late last night, so i didn’t really thoroughly site my sources and give a clear explanation, but they actually can claim rights to all derivative works if they have been uploaded to the website, or are still currently on the website. this is outlined by the last statement in part B section 2, where it mentions “moral rights”

because i’m a little busy, i’m just going to copy paste this from wikipedia:

in the context of moral rights in regards to creating for copyrighted content, these moral rights refer to the act of creating the image, and to have them waived, as the terms of service implies, means that you surrender any sort of authority over the created piece in exchange for being able to draw these copyrighted characters and post them without any recourse.

this addresses the third party issue; the artist drew these characters, who they had no rights to, and compounded with the fact that by just drawing them, their moral rights to the physical image are waived, they never had the rights to it in the first place. a third party posting them is not an issue, it’s essentially an asset for neopets at that point. which sucks. i’m in no way defending this practice, by the way, it only stifles creativity, and as someone in the replies put it, it’s incredibly tacky of them to not just hire new artists to produce the content. 

this material, although created by an artist and uploaded by a third party, is fair game as far as neopets is concerned, because it’s on their website. here’s a petpage with the exact stolen art on it. here’s an entire google image search page with their art hosted on different petpages. it’s a bummer situation, frankly, and i wish this person was given the proper credit, but unfortunately because of the way neopets’ TOS is manufactured, they’re able to take whatever they want.

this’ll be my last post on the matter bc 

1. its makin me sad

2. im busy w/ graduation stuff

but if you have any more questions about the TOS, how to interpret it, and how it may apply to your content, shoot me a message! i’m by no means a law major, but i like to read into these things, and i’d like to offer my mental bandwidth to wade through technical jargon to others.

cheers!

The issue is that you can write whatever you want in a TOS. You can write that anyone who quits the site has given TNT explicit permission to come and kill their families. Under no ground does that make it legal, though. You can't do whatever you want. The TOS, if it actually is supposed to work like this, would likely be found unenforceable.

"Without recourse" absolutely does NOT address the third party issue. The artist does, in fact, have the right to simply draw the characters, as it's very likely to be considered transformative under Fair Use. Under no circumstance does an artist waive their rights to an image just by drawing a character, no matter what the owner of the intellectual property says. Such would completely defeat the purpose of Fair Use, therefore the TOS is likely to be found unenforceable should it be taken to court.

Because third parties do not have the right to give rights to Neopets, the art is still stolen. Neopets has the ability to research the images posted to their site to ensure that the uploader had the right to give them the rights, anyone does, and therefore they can still be considered responsible for the theft.

Edit: I was slightly off. Assuming a third party uploaded the image, Neopets doesn't have to take liability as long as they take the image down when the creator asks (and provides proof that they are the creator), as they are presumably unaware that the image was stolen. In that case, if they don't take it down after being told that they don't have the right to use it, they are no longer acting in good faith.

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