Current mood:	Pissed the Fuck off
Entry tags:	boldthrough 2007

Livejournal TOS/Ban News
I am not too sure if this is the right place to mention this, but I have noticed that not too many people have been aware of the latest major changes that Livejournal has undertaken.



After StrikeThrough 2007, LJ promised us that fandom was safe. On Thursday July 19, 2007 LJ just completely reversed that by mentioned that Underage Smut was bannable. Then LJ mentioned that it would be a case by case situation of what is bannable.

Friday August 3, 2007, two members of a friends locked community were banned and blocked from making a new journal. The reason that was given was that their fanart was of minors in sexual situations.

The two members are ponderosa121 and elaboration from pornish_pixies. This is the very same community that was suspened and then brought back after the fiasco of Strikethrough 2007.

One of the artist's in question says that the art was not chan and that the subjects were of age.

This was the message that ponderosa121 was given in regards to be being banned.

Dear LiveJournal user ponderosa121,

It has come to our attention that one of your entries, located at http://community.livejournal.com/pornish_pixies/470020.html, contains drawings depicting minors in explicit sexual situations. Such content is in violation of our policies, and we take action when it is reported to us.

Due to the nature of this violation, your accounts have been permanently suspended, and we regret that we cannot allow you to create additional accounts on LiveJournal.

Regards,
Scott
LiveJournal Abuse Prevention Team


While LJ's latest moves have been targeting specifically the Harry Potter Fandom. This calls into question the safety of ALL Fandom Communities.

All of this is not being well known because LJ has moved the conversation away from lj_news and to lj_biz.

As such a lot of the hooplah has been downplayed.

This is the first post made by burr86 on Thursday July 19, 2007 at 1:39pm illegal and harmful activity

The second and last post that we see from LJ in regards to the TOS changes is this one at 10:03pm on the same night. This is where everyone has been blasting LJ clarifications and on the lj_news.

They have not since then made a single reply to us in regards to our questions of what is and is not allowed on livejournal.

With the new bans in place, the question of what LJ is willing to allow to be posted anywhere, these journals and the communities they were posted in were friends-locked and the fan art was adult orientated but not outright smut and the characters were not chan drawn.

So far this has outraged further members of the fandom communities. I believe that a majority of the HP fandom will be leaving LJ for good.

So far the only news that is reporting on this is Firefox.

To compound this, burr86 has public mocked the fandom community.

Six Apart Deletes Fan Art Journals

Livejournal Employee Publically mocks Fandom

fandom_flies is having a poll and asking other fandoms what they intend to do. Whether or not to move to another journal such as Greatest Journal, Insane Journal, journalfen, or to build their own new journal and what features people would like to have.

That way fandom can be safe.

Another fact that not many people know, is that LJ has changed from striking through journals that has been suspended to bolding them. So this is offically being called the Boldthrough 2007.

This new policy and the banning of members (without a way to appeal the ban, nor to inform the person, nor to be able to take down the picture in question to comply to new TOS standards). These two members were banned with no warning.

Another reason why I mention the dates is that because the majority of people who pitched a fit over Strikethrough 2007 were of the Harry Potter Fandom. On Thursday July 19th the majority of these people were completely offline to avoid the DH spoilers. August 3, 2007 turns out to be vital because it is the date of 3 conferences related to the Fandom.

As of now, there has been no reply from LJ in regards these actions nor still has there been any answer to the numerous complaints and questions that have been asked since July 19th.

I had been keeping from informing communities in such a way before due to it not relating to the TOS terms as stated (i.e. this being an of age Smut Fandom) but with the latest Bans, the question of what is safe and not safe is up in the air for the moment.

A lot of people have offically had it with LJ and intend to leave. A good majority of these people have paid and permanent accounts with LJ. One of the members who was banned was gifted with a lifetime account and is seeking answers from LJ not just on why she was banned but also about other accounts under her and if she cannot retreive those accounts, than the money back for the permanent account she was given.

I had felt that the community needed to be updated in regards to the new actions of LJ and how it will effect Fandom Communities as a whole.

If this is not appropriate than feel free to delete this post.



ETA 1: This is a link that shows the picture that got ponderosa121 banned and PURGED. Snape/Harry

While the picture is certainly NOT WORKSAFE it is by no means a chan picture nor worthy of being banned.

ETA 2: This is a link that shows the picture that got elaboration banned and PURGED. Fred/George
Agan NOT WORKSAFE !

After both artists and their fans came forth complaining that it was not chan fanart, LJ Abuse Team decided that they were banned for not being of artistic merit.

So this opens the question if the artists of this Fandom or any Fandom are safe.

ETA 3: This has hit international media. One of Germany's mainline newspapers has broken the story. Potter-Sex

This is the translated version of the article for those, like me who can't read nor speak German. Potter-Sex article in English

Btw Der Spiegel is Europes' biggest and Germany's most influential weekly magazine, published in Hamburg, with a circulation of around one million per week.

ETA 4: bubble_blunder has compiled a list of issues that the users wish LJ/6A to address. Open Letter to LJ/6A

ETA 5: jupiter_star's letter to be sent to LJ/6A listing everything that LJ/6A has done concerning StrikeThrough 2007. Open letter to LJ

ETA 6: LJ Speaks and All Underage Content looks to be out, when reported. Illegal and Harmful Content Policy Clarifications


ETA 7: Not even a full twenty-fours since the new post by LJ, it has filled up 5,000 comments. LJ has as of now had no OFFICIAL comment to the new questions and demands of its users. But that does not mean we have not heard from them.

aura218 Composed this is list of LJ employees responding to questions repeatedly asked. Shocking words

ETA 8 (Aug 9): copperbadge is a member of LJ who is part of the Skyehawke Abuse Team who is giving points to how LJ can fix this problem. Words of advice

An LJ member provided a link to another site that shows LJ what a clear and concise TOS can be. Jiglu TOS

ETA 9: ponderosa121 States that in her GJ that of the picture she drew of Harry, she did not have any real age in mind when she drew it. Ponderosa Speaks

Ponderosa continues to speak out about how LJ is now twisting her words

ETA 10: CEO Barak said AFTER the May StrikeThrough 2007 that adult fanfiction and fanart depicting Harry as under 18 would not be considered as child pornography. Question about Child Pornography

ETA 11: Blogger with no LJ ties speaks out on the incident, calling all fandom activity illegal. The "truth" about Fandom

LJ employee coffeechica agrees with blogger.
coffeechica from 68.249.178.226 at Wed, 08 Aug 2007 17:08:17 +0000:
This entry was fascinating; your advice is apt. Thanks for posting this.

ETA 12: Members bring up other communties that violate the TOS in cases of promoting self-harm, child abuse, hate groups, and actual predator journals. What about these people?

This is an article in the BBC talking about pro-ana groups and how they are being condoned since they are legal. Seeking 'thinspiration'

I can find a link, but there is a screen shot that shows an Abuse Team member saying that pro-ana groups are okay on LJ. Even though there were quotes of members actively giving tips about how to fight off the hunger pains and hide it from their families. There is also quote going on LJ that coffeechica is quoted as saying that specifics are against TOS policy but that generalities are not. This was stated in defence of the Pro-Ana and Pro-Mia groups.

The Screen Shot

Abuse Policy and Procedures

This is link that gives more information on the Train A Child Up group, I warn you that it details the types of child abuse that the religious group actively uses. LJ's "boldout" and tolerance of "Bible-based" child abuse communities

Both of the LJ Communties listed have been reported to LJ Abuse Teams. No word yet on the ruling.

LJ Members mention another community promoting Anorexia, this time adults encouraging minors to harm themselves. pa_junior

ETA 13: Reports are surfacing that ponderosa121 and elaboration were reported to the National Center for Missing and Exploited Children. turned in? & reply to LJ employee comment about turning in the fanartists to the NCMEC

Read the offical LJ Employees words here All Child Porn is Reported By Law

A Defintion of Child Porn according to members quoting NCMEC what is child porn?

According to an article posted Aug 7 Childern are safer online than ever before

ETA 14: b_briarwood replies to comment made by LJ Employee markf that they will lose 95% of their user base if they make LJ an adult only site. Adults actually comprise the vast majority of the LJ user base not the teens

ETA 15: raaven talks about how California law over the TOS change a client can demand refunds

And still no new update or new thread for comments. So people have gone back to to this thread to continue their comments.

It too is quickly feeling up with peoples comments and questions and demands.


ETA 16: This is an open letter to LJ written by femmequixotic a Mod for pornish_pixies which is the most under-fire community by LJ at the moment. It was written yesterday but I only now just found it. Open Letter to LiveJournal and SixApart She has asked for this open letter to pimped to high heaven in the hopes that LJ will respond.

ETA 17: This is an update of bubble_blunder's Open Letter to LiveJournal/SixApart Open Letter to LiveJournal/SixApart Take 2 .5

ETA 18: Newest information that LJ is not talking to itself. Links in journals to other websites that contain prohibited content under LJ TOS is grounds for banning. LJ doesn't read its own TOS & LJ staff conflict each others statments

ETA 19: LJ apparently does not know which law it has to abide by. Internet companies do not have to comply with California State Law. State of California, Department of Consumer Affairs (DCA)

ETA 20: Open letter to LJ to get rid of the Pro-Ana groups. Open letter to Livejournal, regarding proanorexia communities

ETA 21: Response from LJ Abuse Team Manager regarding new clarifications. At least they are trying...

ETA 22: Member points out that LJ is in the wrong regarding fanart pictures. fictional and fanart characters do not apply under federal child porn laws


ETA 23: akuma_river Researched the Federal PROTECT Act of 2003 (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today) and Miller Test pertaining to Adult Underage Fictional Writing and Art. PROTECT Act and Miller Test Constitutionally Protects Fanfiction and Fanart

ETA 24: Firefox News Has reported about Firefox's latest message to the users. Livejournal Draws a Line in the Sand

ETA 25: Slash Dot User herejackback has torn into LJ/Six Apart in a journal entry about the latest corporate foul-up. Livejournal's Newest Failure and PR Nightmare

ETA 26: theclamsman Wrote a reply to lj_biz quoting the actual COPA law and providing suggestions for LJ. COPA & COPA continued & Here is the article that theclamsman was quoting CIPA, COPA, COPPA, CPPA: Child Online Protections Explained

ETA 27: LJ contradicts their own TOS by saying that by linking to content they deem obscene is grounds for banning. It's called 'the web' for a damn good reason! & Here is the actual words of an LJ staffer stating this new policy change. because those URLs are dangerous, dangerous things...

ETA 28: hooloovoo_too Writes an open reply to lj_biz commenting on LJ's request for PR advice. PR Advice & PR Advice continued

ETA 29: serenanna Writes a list of what is assumed to be what LJ is saying their stance on this and other issues that this foul-up has brought to light. Is This What You Wanna Say?

ETA 30: sailorcelestial Asks and answers some questions pertaining to LJ's defense of Deleted vs Permanently Suspended Journals

ETA 31: waset Posts Making It Count: Customers LJ Lost

ETA 32: isis_uf A real-life official PR person offers LJ advice. Failures in Public Relations (Lessons LJ/6A Failed to Learn from the Exxon-Valdez Oil Spill Crisis)

ETA 33: LJ Employee anildash continues to put his foot in his mouth

ETA 34: Members reponse to that The terrible secret of LiveJournal article. Grey Areas of Fandom

ETA 35: It's not just LJ that SixApart is running into the ground. Rojo, another service provided by SA is having some of the same issues that LJ is (not counting the whole fandom issue) with communication from SA and customer service. Death Of A Web 2.0 Service

ETA 36: TURNED INTO THE FEDS?! smadaf Points out that, "Federal law requires that discoverers of obscene child pornography report it immediately to the F.B.I. for investigation. I wonder whether LJ bothers to comply with this aspect of the law when it removes material, or bans users, for this 'obscene child pornography' reason. If it doesn't, it is breaking the law."

Federal Effort on Web Obscenity Shows Few Results


ETA 37: NEW COPY RIGHT AND ITS EFFECT ON FANDOM hanabishirecca posted in fandom_action about a New Copyright Law Introduced

Electronic Frontier Foundation Has a petition that is being sent to U.S. Rep's to protest the signing of this new Law. Fight The Justice Department's Copycrime Proposal!

blackbird_song Wrote this admendment to the petition, in my personal opinion it sounds better.

Instead of wasting its time on this proposal, Congress ought to be focusing on meaningful copyright reform that supports innovation and protects citizens' rights to quote freely and use published material in fair and creative ways, without seeking monetary gain. Please oppose H.R. 3155 and the Justice Department's draft Intellectual Property Protection Act of 2007

synecdochic has a must read article on how congress is constricting our civil rights. The solution to bad speech is more speech


ETA 38: Copy Right Infringement
malganis in deleterius was accused of CRI by another fanfic writer who sent a DMCA to SixApart back in July. Revenge of the Meyshi Saga: Copyright Infringement, Part Two

hanabishirecca posted in fandom_action the steps to fight back when being sent a Online Copyright Infringement Liability Limitation Act (OCILLA) on something you believe you had fair usage. Counter Notification

ETA 39: bad_wolf_bitch wrote in innocence_jihad A listing of some of the most vile comms out in LJ existence. Some of the these groups have been previously reported to the Abuse Team and nothing has been done. DO NOT CLICK ON THE LINKS TO THESE SITES OR PHOTOS, UNLESS YOU ARE PREPARED TO SEE GRAPHIC, VIOLENT, RACIST, OFFENSIVE AND DISGUSTING IMAGERY AND CONTENT. NOT SAFE FOR WORK, CHILDREN, THINKING PEOPLE OR CARING HEARTS.

ETA 40: thevelvetsun posted in innocence_jihad A listing of all major newspapers online contact sheet spread the word

ETA 41: bad_wolf_bitch posted in innocence_jihad that she received a letter from the California State Attorney General Office's concerning complaints against Six Apart. Legal Action may be filed against Six Apart

ETA 42: Scribblit's servers will based in Canada and will be subject under stricter laws than in the US. Bad News for Scribblit Users

ETA 43: TOS change? shay_renoylds posted a conversation with LJ employee rachel about PR and TOS issues BTW, rachel is still using the words "child porn," but says to give her time to get something together for Monday.

A new post? TOS changes? LJ locking down on underage fandom?

ETA 44: lydiabell Points out that LJ has been using the National Center For Missing and Exploited Children's definition of Child Porn, which is incorrect legally. This whole "child porn" thing suddenly makes a lot more sense. In a headdesky kind of way.

ETA 45: dogemperor Points that it has been two days since she(?) reported trainupachild & babywise for violation of TOS and promoting child abuse. There has still been no word back on the verdict

ETA 46: mecurtin Asks should we give up the wording of "porn" to "smut?" Is it time to give up "Porn"?

ETA 47: Art by Stella Moon that sums up what happened. :D Harry Potter Peanuts Style

I found this art on a entry in lj_biz that linked to the page. I need to found out who posted the link, but I don't know who the artist is. Google it?

ETA 48: pyrop wrote up a statistical finding of LJ's usage. LiveJournal is shrinking. In new faux-academic style!

ETA 49: sailorcelestial & soleta_nf have in the works a new community called ljconfl_archive which will be "where we plan to ask people to post all relevant information, not just to Strikethrough and Boldout, but to past controversies (Breastfeeding banned in default icons, etc.) and to side issues that have connection to these main issues (specifics on laws and other potential legal issues)."

LJ SPEAKS! NEW POLICY INFORMATION

ETA 50: Process Change for Non-Photographic Images

There is still plenty of things that are unclear about this policy and LJ has stated that they want feedback. So if you got questions, go there and tell them you're concerns. I am.

ETA 51: elaboration is BACK!

ETA 52: buggery is working on, "I'm working on (in addition to two other posts, but unfortunately other issues in my life are not giving me the time I'd like to be able to devote to LJ) a post about why LiveJournal/SixApart's waffling meets the legal definition of fraud and how customers may get their money back, but in the meantime you're welcome to add the comment version in your next set of ETAs. There's also proof (via LJ's own data) that fandom is a much larger percentage of LJ's customer base than we've been led to believe linked to in that comment."


ETA 53: Proof that LJ has effectively lost it's frekkin' mind.

vikingcarrot has been hit with a First Strike warning against an art piece of Draco in which he looks younger than 18 (BECAUSE of the Japanese manga/anime styling) and the Abuse Team figured she was lying and hit her up for it. Age Statments don't really matter if we don't think they do

cluegirl has also been hit with First Strike warning. Her art piece was actually already deleted a week ago from the first boldout. It seems that the picture was still in LJ's cache file.

So why she got a FS is a mystery to everyone involved, except for the one who reported her. Undeserved FS

I found a post, somewhere, that states that Abuse Team is about a week behind. Which might explain the latest two strikes...

But this is still worrying. How many more will fall from PP? There is one or more moles there and they targeting the fanartists.

Can this be considered as a form of online hate crime harrassment?

ETA 54: EVERYTHING IS NOT OKAY! Posted by buggery

ETA 55:
imaginarycircus wrote an Open Letter has a detailed conversation list with rachel. Also an e-mailed correspondence with anildash.

ariaminerva has an open letter that has an apology from anildash since he is the one who came up this phrase "Many of you have asked about whether or not it is OK to link to outside content that falls into the category of child pornography, and the short answer is no, it's not OK."

serenanna has her own letter for rachel

rachel stance of age statement. & age statement

khohen1 conversation with rachel. address to fandom

quinctia asked rachel why the no strikeout anymore.

raikoala wrote about Responsibility for links?

buggery Is Anyone safe? & what happened to the person defending ljs actions?

ETA 56:
The witch hunt continues. NJ AG asks for social networking sites to check if SEX OFFENDERS have been using their services. This means not just the pedos are being checked for.

ETA 57: So fanart that sexifies older teens who may look young even though they were drawn as 18 is not okay and is strike worthy but THIS is not strike worthy? Posted by fierypower

Explain that to me LJ!

ETA 58:
I KNEW that I wasn't the only one who thought those charities were funny. Isn't this embezzlement or something? Posted by severed_lies




This is continued here.