this one's for elise ☆

Everyone is panicking over TOS-es right now as they find a new home as Tumblr gets flushed down the toilet. I don’t like those random TOS breakdowns because the analysis is always wrong. 

Anyway this is what people pay me to do and I will now do it for $0 because I’m tired of everyone spreading misinformation. This post is not a substitute for legal advice etc. Reblogs are appreciated because I literally see TOS nonsense on my dash every day. 

Any more experienced copyright lawyers please feel free to weigh in - it’s part of my field yes, but my wheelhouse is more film production COT rather than derivative works.

Google Drive (TOS)

Google doesn’t have rights to do whatever they want to files you upload to Google Drive

Their TOSes are annoyingly broad in drafting but essentially boilerplate clauses that they need to host your work, use google translate on it, make it searchable etc. They cannot steal your fanfic. They cannot modify your art and use it for whatever.

Your work MAY be threatened (that is, deleted) thanks to FOSTA/SESTA, which imo is a clown provision signed by a clown that sent safe harbour down the toilet. This and this has more information (I’ve skimmed but not perused both), but the tl;dr is: similar to Tumblr, there was a ham-fisted attempt to protect victims of sex trafficking and all it really did was make cloud based services start deleting user files whether relevant or not. 

deviantART (Submission Policy) (TOS)

Uploading work to dA doesn’t give them a license to sell it to Hot Topic. This post is incorrect. Debunked here and corrected by the artist himself here. Your art is safe. 

There’s a breakdown of the TOS in there that’s pretty much wrong on most points, if someone wants me to do a not-wrong version, ask. This may help.

All you really need to know is that like Google, I checked it over and nothing in there puts you at risk for dA asserting ownership over your work or selling it - they need those rights for thumbnails, search functions, resizing etc. 

Sexually explicit fanart is not allowed, as well as “obscenity”, which is an oddly broad term covering things like “sexually orientated commercial telephone messages”. 

I’m not aware of any content purges.

AO3 (TOS)

Yum. I like this one. Easy to read and clearly explained for most people with basic reading comprehension. Section G - What We Do With Content will tell you everything you need to know.

Basically, they have the same clauses about you granting AO3 a license to modify/apart/etc you work, but they take the trouble to explain to you exactly what that means, and how they use it to improve accessibility etc. 

No history of content purges as far as I know. Explicit content is allowed with limits eg. no child porn. 

Wordpress (TOS)

Same deal - you’re looking for 1. Wordpress - Responsibility of Contributors, with the exact same thing as everybody else. They also do a decent job of explaining what they use the license for (though once again, it’s standard), albeit not as beautifully as AO3. 

However, images of sexual acts (including fanart) are against TOS.

I found no history of content purges.

Dreamwidth (TOS)

Same old standard licensing clause, again doesn’t let them steal your stuff.

Incredibly…open content policies…you can basically do whatever you want so long as you don’t break laws or commit fraud it seems? If I’m wrong, feel free to correct.

Now, the alarming aspect of this story is that the very same technology is probably what tumblr is using to identify porn. Now, if it can’t tell that an empty field is not, in fact, full of sheep, what hope do we have that it can’t tell an empty room isn’t full of writing human forms engaged in passionate coitus?

Also, this kind of system is super vulnerable to counter-neural strategies. I bet you before the end of the month someone hooks up their own open source one layer bicategory neural network which puts an imperceptible (to humans) layer of patterned static over arbitrary images, and trains it by having it bot-post static-ed images to Tumblr and reinforcing based on whether the images are labeled nsfw or sfw. Seriously, within a month someone will have an input-output machine which can turn any image ‘sfw’ in Tumblr’s eyes.

read the full comic!

Élite kids in every episode:

Pokémon Generation 8

But there are fewer and fewer mainstream sites and services that support porn and adult content, and much of that attitude has grown out of Apple’s strict controls over the App Store and the iOS ecosystem. Steve Jobs famously suggested that “folks who want porn can buy an Android phone,” and Apple has repeatedly leveraged its unprecedented power over millions of smartphones to sanitize the apps that are available on iPhones. Apple does not allow apps “that contain user generated content that is frequently pornographic.” In 2016, Apple famously deleted all third-party Reddit apps that allowed users to toggle NSFW posts on and off; even now, it is impossible to access porn on an iOS Reddit app unless you jump through various hoops.

remember though that this anger isn’t about Being Horny On Main, it’s about sex workers, their platforms and followers, NSFW creators and their art, and adult content communities that are continually being shoved out of spaces they created in recent years: 

Tumblr’s leadership seems to believe that the community using Tumblr for adult content is the same as any other porn site—showing a serious disconnect with how its users actually interact and connect on its own platform. “We will leave it to them and focus our efforts on creating the most welcoming environment possible for our community,” he wrote.

The value of Tumblr for NSFW creators and fans was in the autonomy to curate something original, and the freedom to express and share what they’re into—something that can’t be replaced by algorithmically-suggested porn on the rest of the internet.

it was mentioned before somewhere else, but 20% of Tumblr’s traffic is brought in by content they’re now flagging as “adult” 

This is yet another example of a platform ignoring adult content when it helps the platform flourish, and then leaving those users out to dry when it’s time to crack down for some monetary gain or face-saving. In addition to being a terrible way to treat your user base, banning adult content on Tumblr will stifle a lot of creativity.

and of course, Apple is also one of the companies that has repeatedly come under fire for censoring lgbtq/queer identities on their sites, the app store, and also caved to russia’s anti-lgbtq policies like a stick of rotten bamboo

Alright, by now plenty of you are aware that Tumblr has decided to axe (most) NSFW content from its site. Here’s their statement, in case you haven’t seen it yet. Figured I’d address some of it before I start migrating.

What’s happening?

Tumblr is drastically altering its policy on NSFW content. The change will be enacted in December 17, 2018.

Is all NSFW content forbidden now?

Not quite - their new terms state that all sexual content featuring real people (i.e. photos and videos of a sexual nature, including non-artistic nudity) is forbidden. However, illustrations are only explicitly stated as forbidden if they “display sexual acts”. Written erotica is specifically mentioned as allowed.

So, written smut, and NSFW art that doesn’t feature sex acts would in theory still be allowed. Weirder fetish stuff that can’t immediately be catalogued as explicit could also fly under the radar.

However, the site has also seen a change to its search and tagging functions, which means that even if you continue to produce the above-mentioned allowed content, you are likely to have your blog tagged as explicit, which would take it off search results (both through tumblr search and via google). In practice, even if your NSFW content is not outright banned, there’s no incentive to post it, as you will likely gain no followers.

Why are they doing this?

The official statement mentions a desire to foster a more welcoming community and a safer place to be yourself, yadda yadda. Also, this would supposedly be something they’ve been planning for a long time.

The more likely explanation, however, is related to Tumblr recently being kicked out from mobile apps due to their blatantly incompetent job at monitoring adult content - specifically the presence of child pornography, though the massive influx of porn spambots has also been mentioned.There’s a good chance they found proper monitoring too expensive, and cutting off NSFW content entirely had the added bonus of making the site more ad-friendly, which is desperately needed in a company that has failed to turn up a profit after being bought by Yahoo.

Any chance they’ll retract?

Unlikely. I mean, Patreon did recant an extremely impopular announced change to their payment system due to massive user outcry, so it’s not outside the realm of possibility. Feel free to contact Tumblr support about it (be polite, but if you plan to stop using the site due to this change, make sure to say so). But I wouldn’t put my money on it.

So where do we go now?

That’s the question! A lot of alternatives have been mentioned in the past few weeks. I might do a follow-up on this post later with some more details, but for the time being, here are some alternatives:

PILLOWFORT is a tumblr-like platform that’s currently still in beta. In addition to that, by the time I was writing this post their site was down due to maintenance. However, I’ve seen some good things said about it, so if they manage to get the site running soon, give it a try. You need a $5 key to enter the beta, though you can find some folks giving them away here and there. Try checking the notes on their Tumblr page (lmao)

TWITTER is also a popular option. A lot of your favorite NSFW artists might be posting there already (here’s mine!). Twitter’s image compression and timeline format make it far from ideal for posting art, but these problems tend to be offset by the massive audience.

MASTODON is largely known as “twitter minus the nazis”. I’ve found the interface a bit tricky to get into, but it’s something to consider if you want more control over your timeline, since it has some features that could be pretty useful if you want to keep your horny off main. Still nowhere near the userbase Twitter has, though.

Booru galleries like Gelbooru or Danbooru offer huge amounts of views, but posting your own content is frowned upon, reposting other people’s works without credit is rampant, and engagement is extremely low. I don’t particularly recommend them.

If by any chance you’re a furry NSFW artist, you’re probably in a better position than, uh, non-furries. Skinnies. Humanies. Fur muggles. I’m not in the furry community myself, but most NSFW artists know that furry sites offer much better engagement than most NSFW sites open to the general public. Then again, it’s extremely unlikely you’re not already a member, so I’ll skip mentioning them. Feel free to add them in the notes if you think it’d be helpful!

NEWGROUNDS allows NSFW content with no particular restrictions. However, bear in mind that its current userbase is far removed from the community you might have been accustomed to on Tumblr.

HENTAIFOUNDRY is a site for general adult art. (here’s mine!) Despite the name, it’s open for all drawn smut, regardless of style. However, keep in mind it has a quality filter (and corresponding submission queue), its userbase has been declining as of late, and, just like Newgrounds, might not be an audience fit, depending on the content you’re creating/interested in.

If getting started on all these sites seems overwhelming, I suggest giving POSTYBIRB a try - it’s a simple program that allows you to post on multiple sites simultaneously, saving you a lot of time.