PSA: Discord's new TOS basically screws over artists

@lynnesbian they aren't even hiding it, it's like "this is mine now"

@lynnesbian @cdmnky holy shit I might just go back to using fucking email. Corporations poison everything.

@cdmnky I thought it was this way before a "new TOS"

@cdmnky That's a disgusting thing to even thing about adding to your platform. How on earth can they even think this is right in any way

@cdmnky lol, this is just so they won't get sued lol. blame the american legal system

the US, where consent is how easily you can con someone into thinking they haven't consented

@cdmnky doesn't "in connection with operating and providing the service" mean that it's literally just so you can't sue them for... hosting the content you send to your friends and displaying it within their app

this could possibly extend to advertising and data collection as a means of funding said service

@cdmnky wonder why discord never implemented end to end encryption 🤔🤔🤔

@cdmnky Eh, it's probably more of a cover their own asses thing. IIRC just about every online service has something similar like Reddit, Twitter, Facebook, YouTube, etc. A lot of that has to do with them hosting it on several servers, transcoding it, resizing it, distributing it from their servers to other people viewing it, etc.

it doesn't make it right though

it's about time the government started thinking about internet companies

@cdmnky I agree. Though, I doubt they have any ulterior motive. They just don't want to get sued and lose on a technicality.

It's mostly to protect against stuff like someone uploading an image, seeing that it's been resized for the thumbnail, and suing for Discord creating a derivative of their copyrighted work by resizing it. It's also worded to cover them from future bullshit people might try to do in the future because they have a license to the work as well.

Do they want to screw over people with copyright? I doubt it. They likely just don't want to get sued over some bullshit and lose for some bullshit reason.
@cdmnky that's basically legalese for "we need to store the images, provide automatic translations for text, create thumbnails, upload stuff to a CDN owned by a 3rd party and show it to people"; IANAL so maybe there are ways it could be abused for, say discord's marketing, but at least that paragraph doesn't allow them to sell stuff as stock. @cdmnky "in connection with operating an providing the service" probably couldn't justify marketing.

That was here in the old ToS i'm sick of people pointing this out

@cdmnky Every corporate-owned social site does this. Only upload art to your own website.

@cdmnky Discord's response:

(also, it's not very different from every other sharing service and for the same reasons)

@cdmnky i hate that like every corporate site does this


>blah blah blah in connection with operating and providing the service
>they're stealing muh arts!

Come on, guys.

@cdmnky this is misinformation and misinterpretation. this clause in the TOS simply allows them to host the stuff you upload at all.

u still own rights to the things you upload to discord.

@drummingz @cdmnky There is a lot of negative things about discord, but to me it seems like that be the least of our worries as artists. I have difficulty finding good communities with decent people there. When I do it's usually because a big name moderates the place.

@cdmnky um. don't they literally just need that license on Your Content to be allowed to, y'know, operate a messaging service that distributes Your Content :blobcattilt:

that should be YOUR license though, they shouldn't dictate themselves what they want to do with your works

@cdmnky so you'd have to provide a license alongside all content you post, in a machine-readable form, so that the service can know exactly what it's allowed to do? :blobcatthinking:

certainly doable but extraordinarily complex for the average user i would think

@cdmnky me, has uploaded nearly all my art and writing and oc development on discord for the past two years:


@cdmnky well, discord is owned and managed by jason and zachary citron, who are both jewish...

@cdmnky Uhm, not really, and no shit. They HAVE TO be able to display your content to anyone who uses their service, otherwise people won't be able to see your messages.

perpetual: so they don't have to ask again
nonexclusive: so you can still do whatever you want with your shit
transferable: in case discord gets bought out
royalty-free: so they don't have to pay you to display this content
sublicensable: required because each server cluster is seperate according to law
use: display
host: store on their servers for display
reproduce: move from server to server as needed
modify, adapt: typically for resizing
publish: blog about, or use in a news article
translate: seriously.
create derivative works from: this one is maybe-shady
distribute: display to anyone who looks rather than one user
perform: *performs an art*
display: same as distribute in this

This appears to be a bog-standard license for software that allows you to communicate with a random set of other users on the internet.
Of course, get a lawyer to check out the meat of the text, but this is most likely more of the same stuff that's already on the books.

@cdmnky No, this is wrong.
Notice the "in connection with operating and providing the Service"

This isn't new. It's standard for literally every social network. It's legalese for "you can't sue us for having something you posted to this website be on our servers" and nothing to be alarmed about. It doesn't mean that they can suddenly start selling your work without your consent.

I remember seeing the same scaremongering like, five years ago, because Disney stole someone's art of Snow White off DeviantArt. DeviantArt responded by saying "yeah Disney just stole it" and Disney got away scott-free because they have millions to throw at lawyers.

Legal speak is bullshit, but don't say "If I don't understand something it must be bad"
@sylveon @cdmnky TFW deviantART, Tumblr, Twitter, Pixiv, and basically every other place people post their art have pretty much the exactly same thing in their ToS.

@cdmnky looks like the normal legal jargon for "we'll save multiple copies of and resize your uploads so our service can work". other sites have similar things, but I doubt Discord will make a shit move like dA has and yoink people's art

tl;dr bureaucracy forces everyone to use what seems like very alarming language. thank you for your concern tho!

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