News

Posted on: Mon Apr 4, 2016 11:30pm

Sunny (#41814) - You're really naive not to have noticed any issues with staff competency and site performance and I'm envious. Ignorance is bliss, they say.

Posted on: Mon Apr 4, 2016 11:32pm

this issue was definately not as clear as staff may have thought it was. I too almost accepted to base a SBC baby for USD, but was warned last second by another user so I didnt.
Comeing this close to accidentally being PERMAbanned from a site I worked so hard for is creepy to say the least.

Posted on: Tue Apr 5, 2016 12:06am

I could see myself making the same mistake if it was indeed taking USD outside the panel for sketch coins, since in theory the art is different. I say in theory because even if you ink over a sketch that's nearly a whole new work piece more over if the artist in question moves things, changes, fixes anatomy, adds their own 'style' or twist onto the work.

If that's what caused the issue perhaps a bit of understanding on both ends is required? Maybe, again assuming that was the issue, the fee should be charged as if it was on the commission feature and the rules should specify that sketch coins are indeed required to go through the commission panel?

A perma-ban is a bit harsh for a misunderstanding of an unclear rule impo.

- Ghost

Posted on: Tue Apr 5, 2016 12:57am

I saw some people in news post still asking about comission pane and been explained,and they still didn't understand wholely .. If even people who explained not understood , how the banned members can ?

Most of them banned users are very known and long time players so I think they did this without knowing what they did . I don't think that they want to cheat the site that they played so long and loved.

I don't use Usd for anything and don't have a paypal too so I didn't really looked to the comission panel before and not really too close with anybody on site to know the situlation completely but as a normal aywas user this is what I thought when I first saw the news..

Posted on: Tue Apr 5, 2016 1:12am

(I'm just gonna go ahead and state that I figure this is going to be a decent block of text and I'm sure that if anyone actually reads it some of what I say will probably annoy someone but *shrugs* such is the way of the world and you can't always make everyone happy. *Note, this is not intended as a personal attack by any means, just me voicing my frustration and opinion on things, I even kept everything as civil sounding as my tired brain could manage ) This is just my opinion, but I've been here for just short of 3 years now. It seems to me that when I joined, yeah not everything always worked perfectly but almost everything tended to work and it was fun to play. As time has gone on more and more things seem to have changed about the site. I know it's a business, but it is seeming like Aywas is making the shift to basically being solely about the users who can afford to shell out $100 or more for one virtual pet or item... something that is just a bunch of pixels and nothing more, something that I can't do and to be honest probably wouldn't even if I had the money to spare. It's ridiculous to cater solely to one section of the user base and expect to continue to function. Though those of us that can't afford to spend real money on virtual items are not inputting any real world revenue into the website, I would still say that in some ways we are just as important as the people who can afford to spend money on things because some of us might eventually have the money to spend or are recommending people join the game because it's fun and those people might spend money.

The whole issue with this is that because of the lack of clarity on issues that have come up with either features or users getting banned etc. That and the whole "we're being transparent and telling you everything" but really we can't/won't talk about anything that actually gets asked about and seems to be a valid question even though there is a super sketchy list of banned people and the reasons why they were banned, along with the fact that there seems to be one more instance of the very same types of issues with it seeming like we're being lied to and manipulated at every turn and that there's some other issue where the staff are saying "we can't tell you anything but here's the side of the story that makes us sound 'right' " despite never getting any other sort of info to assuage our fears that the staff may be getting a bit power crazy and banning people just for fun or some other equally disturbing reason other than something that is actually befitting of a perma ban or another similar punishment. It just seems off that we have all this going on yet we have instances (such as the person back charging stuff) where there was quite a bit of info that was given despite that somehow not falling into the supposed not sharing personal info when such instances occur. It's all just starting to seem very shady that it seems like certain "rules" only apply when the staff wants them to, which seems to be when it is clearly widely agreed that said person was clearly in the wrong, but when there's disagreement about whether or not the decision made may have been the wrong one we get the run around and basically get told "because we said so, that's why"... it hardly seems fair to me that when there is an opportunity for clarifying an issue that has a lot of users upset and seems to be having people seriously considering leaving the site (something I would personally think that from a business standpoint would be something to be avoided, because theoretically the more customers the better) that you would wish to take that opportunity and make the best of it by using it to make the rules in question more clear since they are apparently quite vague and are leading to issues.
I do think however that if it's going to keep being said that users can contact the staff whenever anything is in question then that should be true. It shouldn't be that we contact a staff member and IF we're lucky then we get a reply in a week after having to go through every single possible avenue of contacting someone.

I myself have merely come to the conclusion that while I might continue to play , this has come into doubt since the site has become less fun and instead more frustrating as of late, that I personally am not putting any money into it primarily because I refuse to put money into something that could result in my loosing my time and money invested into whatever it was.

Posted on: Tue Apr 5, 2016 1:14am

I also want to state, for the record, I don't think I know anyone who was banned in this instance... though this is primarily because I don't converse with many people in general, regardless of if it's on here or another site or even RL ...

Posted on: Tue Apr 5, 2016 1:27am

I don’t know anything about the situation outside of this thread, but I can say with certainty I would’ve been banned right along with them if I’d been taking commissions because I wouldn’t have thought for a second that an SCC through a breeding coin would magically have different rules than one from a crystal. I really hope there’s more to a perma-ban than something as vaguely explained and easily and innocently mistaken as that.

Even having it repeatedly explained I’d even diagree on the sketch babies being site owned, as they do not involve any licensed artwork from the site. It’s a pretty big stretch to say that a silver that is based on the pets is somehow using that license, because aywas does not claim to own fanart of peoples pets. Also sketch pets can be parented by two silvers which would have no licenced work even involved in that distant, stretch at all.

And on the basis that it’s being created directly seems ridiculous because it’s a predict not a pet, no different than an SCC being sold is a predict for it’s crystal. Why would the item used make any difference whatsoever, when the entire basis of the ban that was explained is that “you are using the panel to pay for the Aywas license.” Licence for what in this case? Clicking a 80x80 image of a coin to create a pet instead of one of a crystal????

You are drawing a whole new pet. There is no licesed artwork being rented. The item used to make it doesn’t change that. I wouldn’t have even asked if it’s ok because even by this official explanation why wouldn’t it be?

Posted on: Tue Apr 5, 2016 1:45am

I've read through all 11 pages of comments as well as the KB article. There's still one thing I'm not entirely clear on that I think it might be beneficial to have put in more clear, concise terms.

What, exactly, is required to use the Commission Panel for?
Is it just USD commissions?
Is it only for coloring, lining/basing, or sketch commissions?
What are the specifics when it comes to new SCCs? or SCCs that are already on the site? Once an SCC is uploaded, does the artist lose all rights to it and it becomes Aywas property, hence why it has to be through the commission panel instead of through the founder/rights holder?

It looks like some of the confusion is because of these specifics... Maybe they could be clarified in simpler terms without all the legal or quasi-legal jargon that the average user might not be familiar with?
-Ender

Posted on: Tue Apr 5, 2016 2:01am

I am in full agreement with MissMally 💔 (#473) above and think she's made a very lucid post there about why this is not consistent with the rules as written.

Posted on: Tue Apr 5, 2016 2:06am

wait. fan art of aywas genus or aywas item are technically a derivative work, no? fan art of copyrighted content/characters for usd is technically illegal (and is punishable by law if the copyright owner choses to do anything). Marvel and DC Comics has sued at least a few fan artists. And I've heard this has let things like anime conventions to be stricter with how much fan art you can bring to sell or you can't sell fan art or something? idk. I've never been to a convention (nor do i want to. not my cup 'o tea. not huge into anime (anymore) and crowds make me nervous). It's probably hard for anime creators to sue because a lot of fanartists for money people are from out of the country. As wherein most of the Marvel/DC comic fanartists are also American.

This concerns me that fan art is considered okay without it not even being labeled as it is okay because the site is okay with it. instead, I'm wondering if the site even knows that fan art for usd is not legit.

I don't recall whom said "if it is something like you'd see sold on deviantart it's okay" or something like that, but if it was a staff member i'd also find that alarming. as people do it on deviantart without permission. it isn't legal. it's isn't okay. people basically rock from their heroes everyday(as ti is mostly done by anime fan artists who actually like show and thus the creator I'd think?....).

It's just gotten so bad on the Internet most companies, people stopped trying. i mean. there is a market pretty much for fan art. it's really sad.

I've researched the hell out of copyright laws as I got in an argument one day and the result was..well.. me researching it. I was right ;p (not that I'm right all the time. aw hell naw. I'm too easily confused for starters lol).

So yeah... how is it supposed to be common sense for the userbase if it seems the site doesn't even know its own rights apparently? or am I wrong here?

Flight Rising also allows usd fanart but they actually put it in a clause in their ToS saying its okay. though honestly, people were doing it for usd even before the clause. But yeah, they were like whatever and rolled with it. which is fine. I'm not saying fan art shouldn't be allowed for usd if the owner of franchise of what is being drawn is okay with it...

The words it should be obvious that people should have known it is wrong was stated pretty much (though maybe not exactly) by multiple people.. regarding of sbc basing.. but I think fan art should obviously be a derivative work then.. I mean this site has a freaking copyright panel that makes sure other copyrights aren't infringed in aywas art (via custom-making).. I don't get why fan art (again, just of certain aywas-y things) is any different than customs. >_>;

This may sound like i'm not helping hte userbase's cause.. but again.. my point is it seems copyright law might not be clear to even the staff's side of things. otherwise, using the words only stuff involving derivative work needs to use the commissions thingy. fanart of a melo and an ha with ayways item apparel on would technically be a derivative work then no? it is derived from aywas content, though no stock directly was used in the artwork or anything...

It is in everyone's best interest to be clear as possible. some people may be daunted by lots of text and stuff... but in the end, it beats the alternative of making a mistake that ends one up being banned.. heck.. it is gonna happen anyways..

beccause I have a secret to tell people. like I'm pretty sure less than 50% of most people, 13 and up, age, gender, ethnicity, doesn't matter, most people just don't read the fine print of things. it's a risk that I bet you my left pinky is done every day, my hundreds of people, globally. Therefore, as was stated by a staff member, who thought it was silly that people used the excuse that they didn't read the ToS when getting in trouble.. Idk.. it seems delusional to think everyone is gonna read the ToS.

This is why most places don't kick people out of things right away. ever heard of three strikes your out. besides as a baseball term (which it comes form but yeah).. I'm not saying Ayways should allow 3 huge mistakes before doing something, but idk, maybe sometimes people need a wake up call to go clean.. and not just people suspecting things in the background and investigating with no word, while it perhaps just gets worse, until they are inevitably banned.

i know the staff aren't terrible people. and I know the userbase, including myself, can be little monsters at time. and I've run a site, a much smaller one, but I know how it can be tough to get enough right to appease just some of the userbase must less a majority.. as sometimes what is legit action to do and what /feels/ right don't correlate.

Sometimes it does though. and sometimes people are mistaken. sometimes its the userbase. sometimes its not. and I just wish, that one of the times the staff was mistaken, they'd you know , own up to it. beyond going sorry we are doing our best we are only human sorta thing... like literally opening up a bit.

like seriously answering why ambiguous rules are okay. and stating that some peopl got it find means nothing. not everyone here has english as there native tongue. and big capitalized words like saying how not to do silver commissions stuff (which I'd assume would be pbc predicts/stuff for silver custom crystals in your world) via the commissions as then you'd have to pay an uneccesary fee. while some people would go, oh the sketch babies are site made so they must fall under derivative work... well.. Idk..

Thinking on it a bit.. why? In the end, the species is no different than a species made by pbc or silver custom crystal... the sketch itself isn't really a derivative work as it comes from the imagination of the sketch artist.. if it had anything to do about basing it on site pets/site customs, then wouldn't that apply to pbc predicts too? do those need tto be done through the commissions feature...

i do admit it seemed clear to me at first. I have to admit that.. but like somone recently said.. maybe it is not as clear staff (or myself even) thought it to be.

And I'd think it would only be fair to the userbase as we've put up with mistakes the site has made before, to, at the very least, consider that made it wasn't that clear... and maybe reconsider any banning that solely involved basing sketches... if that was any of them? Idk. just a thought. I'm pretty sure aywas wouldn't combust into flames for changing its mind. i'm sure its changed its mind for other reasons and in other ways and nothing happeneded. and for all I know bans have been undone, but yeah, it just seems like a very one-sided trial is all. being the people whom wrote the tos. you will understand it better than any user -/any/. and even then, do you really? at least in regards to newer staff or anyone involved in these "investigations".

The english language is a language with probably THE most words. probably easily so hands down kinda langauge with the most words. and thus easily misconstrued. I took advanced english classes and I can say without a doubt I probably forgot 75-80% at least of the new neat words i learned... in high school /and/ college. so a near adult to an adult... plus most words in general I have to look up like 100 times before it sinks in for good lol. so yeah... using jargon doesn't help. this is a pixel pet site. not a chatroom for lawyers. it might be best to use wording that all the staff understands too. as I am unsure if all the staff know fancy jargon regarding the law, but I somehow doubt y'all are lawyers. you'd probably be too busy doing... lawyer things... I have family and friends who practice law or work in that field somehow or another. They are busy af.