The main issue is not so much using the photo, but:

1) Using the photo without permission of the person, or
2) Using the photo in a harassing or derogatory manner such as photoshopping it with the purpose of insulting the player.

The in first instance, it's illegal in many countries to use photos of individuals without their written consent, with that said, it's not as bad as the second instance, where the photo is used in a derogatory manner or to bring disrepute to the player.

Either way, as mentioned above, staff will use their discretion to punish players if needed to enforce those rules, mostly for extreme cases.

Remember the first forum rule, which is to follow the instructions of staff members. If you disagree with the decision, comply anyway and make a report about it. Failure to comply is beach of the first rule and can be punished regardless.

 

Okay I don't mean to be that guy, but still mods don't make the rules. There's no official rule about this and to me it just seems like the current rules are getting twisted around. Also just pointing this out so many people have modified Cypriots picture of a bunny and posted it as their own profile photo. According to these rules these players would get in trouble for that. I can understand a rule against using your irl photo just for harassment reasons, but there's no rule (and I doubt there will ever be one) about using another persons profile photo.

Okay not to be rude, but did you read my response? This isn't in the official rules. The only thing mentioned in the rules is inappropriate profile pictures. Copying someone's profile picture isn't inappropriate at all. If the picture was, everyone would have to remove it. Only if it was an irl photo or if it was written on could you argue that it falls under harassment.

Also regarding the external rules mentioned above. According to the fair use laws:

The purpose of the Fair Use Doctrine is to allow for limited and reasonable uses as long as the use does not interfere with owners’ rights or impede their right to do with the work as they wish.

Sources:

Copyright Fair Use and How it Works for Online Images : Social Media Examiner
(Easier to understand one)

http://copyright.gov/title17/92appa.pdf

(the actual law from 1976)


Even if the person owned the photo you'd have a pretty damn hard time making your case that your rights are being infringed on for them using that photo on a video game forum.

Tl dr: there's no rule against it


EDIT:

Sorry for the double quote, but this actually isn't completely true. I would say a solid 80% of the players here come from either the UK Canada or US, and they all have pretty much the same rule. If the photo is public its out there for everyone to use legally without consent. And posting it on the internet definitely counts as a public place. Yes it's still illegal in many countries, but I doubt we get many players from West African countries with corrupt governments.

 

Thanks for letting us know about that.

 

If you really want to get legal about these things, check out the forums Terms & Conditions, which you have to agree to to be on the forums:

I highlight in particular those 2 clauses, both of which cover nicely what I said regarding uploading of pictures of others.

Furthermore, the Terms & Conditions state:

The fact that we're providing you this explanation regarding why the pictures are being removed is a courtesy.

Although the copyright laws you've quoted apply to general copyright, the content creators or owners are free to assign their own license of choice to the copyright, even after the fact.

Even putting the legal side of things aside, it's still illegal to act in a bullying or harassing manner towards other players. This is a rule that wasn't laid down by mods. Recently the unauthorised use display pictures have been involved this, and that's why the rule is in force. It is not a new rule, it's merely an extension of the one that exists currently.

 

Recht: Wenn andere die eigenen Fotos klauen… Rechte und Möglichkeiten im Überblick | t3n

I am talking about this one. It's about copyright infrigement. You can sue the person even if it's just a normal picture, BUT it can be slightly changed and so you can't prove it's the photograph from the person.
It's german though. Even if it doesn't have the copyright symbol it's still the property of the person in the photo or the person who took the photo.

"Konsequenzen für Fotos im Internet
Da unabhängig von der künstlerischen Qualität der Fotos (siehe Punkt 5) und unabhängig von einer Registrierung (Punkt 1) sämtliche Fotografien urheberrechtlich geschützt sind, ist die Übernahme der Fotos durch Copy/Paste in jedem Falle ein Urheberrechtsverstoß."

Translated:
"Consequences with photos on the Internet
Despite the quality of the photo and undependent on a registration, because all photographs are copyrighted, is the adoption of these photos with Copy/Past in all cases a copyright infrigement."

 

pssst, I wasn't the one stealing pictures. ;-;

Thanks for this ChibiBerry

 

Sounds like something an idiot would say tbh

 

yes earsofjoy:

 

Js we've been over this before a bunch of times though even when I was a mod. Mods don't make the rules. Like the color abuse "rule" kinda been rule. Some mods just made it up a long time ago and Cyp had never even heard about it and said it wasn't a rule.

Clarifications on Color Abuse | Skyblock Forums

This isn't a rule until Crew or Cyp says so

 

I've provided many reasons as why this is a rule and so has Blaq which is a smod and Cyp has stated just not officially. I'm just clarifying the unwritten so no one can make a loophole. I'm not making the rule up out of nowhere, its all there.

Anyway, rule number one
Forum Rules | Skyblock Forums

This isn't an unforgiving rule and its to protect and benefit the community. If you agree or disagree with these actions, mods are punishing people who do this.

 

Okay Have him add it to the rules and state it officially then. Not that difficult to do. Or provide proof of him stating it unofficially.

And sure that rule works most of the time, but I just showed you an instance where mod/mods acted improperly and made up a rule. Also, sorry it's not your job to clarify the unwritten rules. If it's unwritten it's probably just tradition and not an actual rule. Again, for example, the color abuse rule I mentioned earlier. Btw you really haven't provided many reasons as to why this is a "rule"

Your first point is that it's disrespect, which it is in the case that someone writes on the picture or edits it to be unflattering; the case that happened in the past. It's pretty much the same as someone just verbally disrespecting the person. This is completely different from just using someone's profile picture.

Common Sense? How is this common sense? If it's common sense, then you have a lot of banning to do since tons of people have Cyp's picture, or an edit of Cyp's picture.

Already talked about rule 1

Violation of personal information? If someone already has it as there profile picture how would another player be sharing sensitive information, that that player already released to the world. Seriously how does this even relate.

One more thing:
You said this before:
"As of recently, moderators have agreed that using someone elses picture without permission is indeed a punishable offense. And I intend to punish every player who dares to harass someone in such a way."
Now you said this:
"I've provided many reasons as why this is a rule and so has Blaq which is a smod and Cyp has stated just not officially."

You're contradicting yourself; who was it, Cyp or the mods?

 

I'm still waiting for a reply.

 

Its a rule that mods are going to enforce and I've shown you how it can apply, not every rule is an official rule.
Example: type in /rules on net, Scamming is not apart of the rules on there, but we all know that it is one and that it is punishable.
I'm done with this discussion, I'll talk to Cyp into officially stating it in the rules then just for you even though it isn't really needed.

 

While you are correct, those copyright laws permitting the use of other people's pictures are basically out the door in regards to this site. It is up to the people running skyblock.net to allow or disallow whatever they choose on their site, including something that is legal.
Basically it may be legal, but that does not make it a right to use it on this particular site.

True , but it doesn't have to be a rule to be enforced. Moderators have powers to, well moderate, the community, and they can enforce this without it being explicitly listed in the rules. Might be a little out of line, might not, but nothing can refrain them from doing so.

I may have missed a thing or two because its just too much text for me to be bothered to thoroughly read.

 

THANKS FOR CLARIFYING THIS BABE

 

Ask him about the other "unwritten rule" you talked about too.

Only thing you really missed was my example of color abuse. Mods said it was a rule for like 2 years even though it was never stated, then Cyp said there was no such thing, hence why I'm fighting this.

 

GO GMP.