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So between yesterday and this morning, I've been doing a lot of reading, analyzing, researching and etc. about this new change to PIXIV's master terms of service and where it could lead to when it drops next month.


TLDR: We need more clarification of kinda of stuff that is going to be strictly prohibited on Fanbox, BOOTH, and request. As well as if this stuff will effect illustrations, animations, manga and more.


Long version:


So analyzing their changes to ther TOS. Everything that's being added is going to Article 14, Section 26.


If you read everything in that area, everything that's listed all proclaims to IRL stuff.


Examples: Stimulants, narcotics, psychotropic agents, marijuana, opium, poisons, toxic substances, and other prohibited goods;


Marijuana seeds and products related to legal drugs (unregulated drugs);

Firearms, swords, weapons, explosives, chemical weapons;


Prostitution and child prostitution;


Products relating to gambling, lotteries, etc.;

Products relating to unlimited chain investment schemes and multi-level marketing;

Tobacco;

Counterfeit currency, public documents (including driver’s licenses and passports), memberships, documents, electromagnetic recordings, and other such products;


The list goes on and on...


On this list of prohibited services, nothing states that it is not allowed to illustrate any of these things in art, drawings, or animations.


People are drawing this kind of stuff everyday. Characters smoking, drinking, prostitution, sword fighting, Girls Frontline, etc, etc.


So, I'm hoping *Huff* *Huff* that the additions to the TOS has to do with IRL stuff and not fictional illustrations.


The staff is adding "Sexual exploitations of a minor." So people then say, Loli/Shota is now going to be banned. This is weird, because in article 14, section 26, sentence 4, it states: "Products that contain images or other data corresponding to obscenity, child pornography, or child abuse;" is prohibited.


Wouldn't that mean that Loli/Shota would've been banned and enforced beforehand? Not only that, but if we are to assume they are cracking down on art & illustrations, more than Loli/Shota will be banned. This also means any character that is deemed under the legal age can also be banned.


Examples: Naruto (Series), My Hero Academia, Pokemon, Any character that wears a school uniform can be claimed as being minor and that art can be banned, Right?


Then the staff will have to consider loli characters that ARE of legal age.


Examples:

Ryuukishibara Tsumugi (Kanojo ga Flag wo Oraretara),

Kinue Hayase (Masamune-kun no Revenge)

Doki Doki Little Ooya-san


Are legal lolis now prohibitated as well? There's a lot of gray area to these changes.


Let's look at non-loli/shota stuff from this as well.


Incest: How is the staff going to police incest content? The only known ones they can police would anything from the Naruto series or even Bleach. Outside of that, it's kinda up in the air. Do tags give it away? Title? Do artist now have to say, "These are step-siblings?"


Rape: 90% of hentai is literally rape or some sort of non-consensual sexual behavior. What gives it away? The character's tears? Discomfort of the face? Blood from the vaginal area? How do you determine rape in Yaoi then?


Guro: Now this is another strange wording. They didn't specifically say "Guro", but it's being highly assumed by everyone that it is Guro. So let's put it how they put it, "Non-consenual mutilation of a person or body part." The way that this worded; it's being worded as if the staff is talking about REAL people and not fictional characters. So, assuming they are talking about fiction characters, do artist now have to force characters to give consent before being brutally mutilated?


Bestiality: I'm not a furry fan myself, but even I say this is harmless. This is another example that I want to hope *huff* *huff* that they are talking about IRL Bestiality content and nothing fictional.


Again, I'm hoping that everything that's being added is IRL related, since the section where it is being added has all IRL related scenarios that are prohibited on the site.


There's another situation revolving this that the new TOS is similar wording to Patreons guidelines and how they banned these kinds of content. But if we were to look at Patreons guidelines, they word it a little differently and more strict than how PIXIV does it.


Link: https://www.patreon.com/policy/guidelines

Under section "18+ creations and mature themes" it states examples of mature content, "Animations or illustrations depicting nudity in sexual contexts, and animations or illustrations featuring sexual interactions."


So connected to this guideline on Patreon, under the subsection of "Offensive and graphic creations" they state in the second paragraph,


"We have zero tolerance when it comes to the glorification of sexual violence which includes bestiality, rape, and child exploitation (i.e., sexualized depiction of minors). This is true for illustrated, animated, or any other type of creations. Patreon reserves the right to review and remove accounts that may violate this guideline."


It also adds to the third paragraph, "We also do not allow other fringe sexual fetish creations, such as incest, necrophilia, or fetish creations that are hard to distinguish from non-consensual sex."


Patreon strictly specifies the kind of illustrational content that is banned and not allowed on their site, while PIXIV is adding these similar rules to a section of their TOS that revolves around IRL related stuff.


In summary, PIXIV staff needs to come out in more detail and give clarifications on what is & is not allowed. Everything that was stated is very vague and can mean absolutely anything. For all we know, PIXIV may just make a statement to keep the CC companies happy and may not enforce anything. On the otherhand (Worse case scenario), Everything will end up leading to a ban on PIXIV Fanbox, BOOTH, Request and etc. These bans could end up outside the realm of Loli/shota and people could just get banned for posting MHA hentai. And yes, your Yaoi is not safe either.


Do we really want a repeat of that?


Comments

IkarosCepursune

So it apears they will have to kill the platform soon.