PSA Nilthenihilist: Resolved (3.05)

Posted 4 years, 1 month ago (Edited 4 years, 1 month ago) by Hexe

As a disclaimer, please DO NOT harass the person in this PSA. That isn't welcome here, or anywhere I imagine, and I wish him no ill will.


Who: nilthenihilist (TH | dA) vuhjayjaylove@ dA

Resolved: Attempting to resell characters up to 4 times their original worth, despite the artists' TOS stating resale wasn't allowed. (Discovered by SquidsInTheAttic, thank you!)

Resolved: Claiming his character is copyrighted and that copyright applies to a custom design wip despite not paying for it. Claiming I can not sell the design either and I either take reimbursement or delete it. - Thank you lonely-kaijuu

If you want to skip to the update I've tried to make it convenient!  CTRL + F ( ii. 2.29) 

When: February 27th 2020 - March 5th, 2020

Thanks to lonely-kaijuu it looks like my personal issue has been resolved for now so I will be archiving it in the form of a spoiler. 

UPDATE: The artist has replied and taken action, so things seem to be resolved now!

Hello, I don't really know if this belongs on the forums or not but, this is by far the most unpleasant experience I've ever had with a commissioner. This is mostly a design PSA because I don't want this design to be floating around with him claiming it belongs to him when he did not pay for it. The lesson to take away from this is to never sketch anything before payment is confirmed to be cleared, even if they are your friend. (You think I'd know better as an adult but some of us have to learn the hard way.) This is really disheartening as I considered Nil my friend and I don't want to air this out like this, but because he blocked me after telling me I could not sell my own design or I can delete it, I felt this was appropriate because I could not continue to speak with him to tell him he cannot do that to me as I retain rights to my designs.


On the 22nd of February, Nil had ordered a commission from me here: https://toyhou.se/~bulletins/120783.closed-ty-
Just in case it is archived by me in the future: https://sta.sh/01fq4c9utfxp

After a day, I decided to close and accept his slot. Sometime later I asked him on a shared discord server to clarify if he wanted a custom or a regular semi chibi commission.
edit.png

Archived version in case: https://sta.sh/0vot62b5mq2

After this, I sent the form again in the chat to which I said he could DM it to me if he preferred. He did DM it to me and this is what it looked like.
unknown.pngArchived: https://sta.sh/05jszv5lbkp

The video of Revenant which he is referring to was done in the shared Discord at a much earlier date when he was sharing his ideas for Nil's god form with me. The link to the video he sent me is as follows: https://www.ea.com/games/apex-legends/about/characters/revenant (at the bottom of the page). And so begins where I started to foolishly make the mistake of designing the character based on the form without the payment clearing. I had known Nil for a while now, and once again, considered him a friend. I was really excited to help him bring his idea to life, and the desire to design had my inspiration and I had no doubt in my mind he would pay. Besides that, I knew how enthusiastic he was about commissioning me, so I just wanted to pep him up and make sure the design was to his taste. He said he would pay two days from the 24th.
Capture_2020-02-27-18-39-21.pngArchived: https://sta.sh/0irxdennrg7

As I said in the screenshot I was sketching it, and so I sent him a wip early.
Capture_2020-02-27-14-24-07.pngArchived: https://sta.sh/0qa75hb8jml
SPOILER_unknown.pngArchived: https://sta.sh/0299d23m18uc
After I sent this, he wanted to see variations of the design with horns and an icicle crown but, I decided to wait for the payment before proceeding to send him those versions.

The next day (February 25th) he had told me that payment was sent. I wasn't on discord that day, so the next day I checked and saw that he told me he sent payment. I logged into Paypal to confirm and did not see the payment. I then told him that I did not get the payment, to which he sent me a screenshot of his own PayPal.
2.png
Archive: https://sta.sh/0fni7g4oruhexepaid.PNGArchive: https://sta.sh/04d70b9htq5

I was unfamiliar with this despite doing a few commissions now, I had never seen the commissioner's side of the invoice. When it said -$100 like that, I assumed it actually deducted from his account and asked him if we needed to wait for the bank to clear it or something.  I found it really strange, but decided if that was truly the case the bank should surely clear it within two days (He sent it on the 25th and this was the 26th where I talked to him about it.)

unknown.pngArchive: https://sta.sh/03n67irndii

The 27th came, and there was still no payment to my account. I started to wonder why this was happening, as I've never had an issue like this before with a customer and something felt odd. I asked two of my friends to allow me to send them invoices, which I did not want them to pay because I wanted to see if it looked anything like the screenshot he sent me which was titled hexepaid.png in the discord URL. Much to my disappointment, an unpaid invoice looked exactly as what he had shown me in regards to trying to pass it off as a fact that he sent the money. The following screenshots are directed towards him but I never got to send it because he blocked me after the copyright claim, which we will get to.

1.pngArchive: https://sta.sh/01g6s7u2z8q1

I didn't want to make my first friend pay the $10 invoice I sent for testing so I asked a different friend to confirm for me what a paid invoice from the past actually looked like.
2.pngArchive: https://sta.sh/01t87t9hcshz

After this, I still wanted to give him the benefit of the doubt, but I was starting to feel uneasy so I called Paypal directly. When I asked them about the invoice in question, they told me that there were no payments made to it and that there was nothing they could do from their end. The customer did not pay me, and to their knowledge, no bank associated with the account was waiting for anything to clear in regards to my invoice. I decided to confront Nil about this and cancel the commission because I didn't feel comfortable working with him anymore. This is where he became incredibly hostile towards me for claiming that he lied to me which, I honestly felt he did. Perhaps it was a mistake on his end regarding the payment but, the way he responded to me made me believe otherwise. Originally, I did not even want to make this public. I thought at the end of the day the worst thing that could happen is that he would unfriend me. It is specifically because he is claiming my design, that he did not pay for, is unsellable because it is copyrighted by him is what led me to make this.

Capture_2020-02-27-17-36-30.pngArchive: https://sta.sh/0ker57d0t3m

I tried to answer him with the proof of what I believed to be him lying to me (i;e the screenshots above of what it looks like paid), but after that final message, he had blocked me so I could not continue the conversation with him. I don't think he knew I was typing, as I type on Grammarly rather than discord to help it catch my mistakes. Regardless, this is what I tried to say along with sending the same screenshot above where I told him on the 26th that I didn't get the payment:
unknown.pngArchive: https://sta.sh/0983lhduzsi

Because I have no way to contact him about what he last said, I find it incredibly alarming that he told me to delete my own design and that he had Nil (the character) copyrighted, and that somehow it extended to the custom design he did not pay for from me. Because he did not pay, I retain my rights to the design in question. The character does not resemble his character other than the fact that I kept the same hairstyle which, he cannot claim. I did not heavily reference Nil as he acknowledged that this was a custom. I based the design off the form he gave me along with the Revenant video which only had one second of the character fully burning (which I did not even include in the design.)

His character that he claims to have copyrights on: https://toyhou.se/4555467.nil 
My design of the god form based on the form he sent me. The only thing that he could claim I heavily referenced was the hairstyle but we agreed on the hairstyle remaining the same. Nothing else looks like his character in his current form.

3.pngArchive: https://sta.sh/025ycjiyc1yh

SPOILER_unknown.pngArchive: https://sta.sh/0299d23m18uc

I did not follow anything specific to a T and this is my own interpretation based on the form which I will link again:
unknown.pngArchive: https://sta.sh/05jszv5lbkp


Full Archive in stash: https://sta.sh/21qn75h0gzwp?edit=1
Backup Archive courtesy of a friend: https://imgur.com/a/l4yoxm1

Please, if you see this design anywhere inform me as it is stolen. I don't want him to have this design for this character or use it as a reference for other artists because he does not have any ownership of this specific design. Thank you for reading all of this I really appreciate it.
 

                                                                                                                                                                               



Update: 
ii. 2.29


On the 29th of February, it was discovered by SquidsInTheAttic that Nil was attempting to resell two designs at quadruple the value they were originally bought for. He also put himself as the creator and artist when, in fact, he was not the creator or the artist of the two designs. Furthermore, the two designs below are not eligible to be resold as stated by the original artist on their DeviantArt page.

Losille + Friend | $50 or offer
ddrh7q9-138d6ca2-5543-4902-8304-581ee7b4Archive: https://sta.sh/0sbl7t9c4oh

Aiolos |  $30 or offer
ddrh84b-a9195a0c-db53-4f24-971f-e68fa975Archive: https://sta.sh/014jhsou1o2a

With further investigation, Squids was able to find the original artist and designer of the two designs above.
The original posting for Losille who was originally sold for $12: http://fav.me/d50c2j9
The original posting for Aiolos: http://fav.me/d54vuzn

Aiolos is a custom design and was originally bought for $6 by Nil who is discovered to previously be vajayjayluv on DeviantArt.
The original journal along with the price http://fav.me/d545tf5

There are two times in which Endber states that their designs can not be resold.
https://www.deviantart.com/endber ( Front page; second point )
And again on a different account:
http://fav.me/d95j52e ( First rule )

With this information, Squids (Baba) had decided to comment on both of the characters letting him know that they can not be resold as it was against the artist's rules. They also politely redirected them towards the original artist's ( Endber @dA ) toyhou.se account ( Chickolates ) so that Nil could properly update the miscredited information.

Comment on Losille
ddrh7pt-4a94d62c-7ba5-44f9-8c50-d9342315Archive: https://sta.sh/01swin5rqvq4

Comment on Aiolos
ddrh7pd-c713247e-d4a2-457a-81b2-ca06f1f1Archive: https://sta.sh/02em47kdkixa



Not long after this, Nil had responded saying that the art for Aiolos was done by a friend and claims that there isn't any TOS in regards to the character.ddrh8ro-20da2315-209e-447b-b41a-30a1fffeArchive: https://sta.sh/02em47kdkixa


Afterward, Nil continued to engage in a condescending way towards Squids and then proceeded to block them. It is also shown here that Nil was aware that the actual artist was Endber prior to Squid's confrontation, but purposefully had himself listed as the artist and creator of the design.



ddrh98i-327981e5-cdb3-43f5-ab05-05fb00beArchive: https://sta.sh/0ft3gq3qbon
Full Archive: https://sta.sh/216uh0fbai3b

Because of this recent behaviour I would like to caution people about possibly trading with him or checking to make sure if you had bought anything from him in the past that it was true to its original price and did not violate the original artist's rules.

I have contacted the creator of these designs! The characters were reported when they were visible and the situation regarding the two characters has been reported staff.

SquidsInTheAttic

Wow I'll definitely be avoiding this user in the future.  I would agree that changing the hairstyle before reselling would be necessary but otherwise this design doesn't resemble anything on the characters page, nor was there any direction indicating they wanted this final form.  I watched the video and couldn't detect anything it really resembled there either??  I feel like they're vastly over reacting, and blocking you like that was wickedly childish of them.  

Overall they don't have any claim on the design as it looks to have completely from you (other then the hair, and maybe changing the eye colour just to be extra safe) and they have 0 claim on it like you said since they didn't pay a thing.  There is no palette reference and you can hardly copyright 'fantasy grunge'.]

I had a look in the gallery and it wasn't there, nor were there any hidden images so I don't think they've posted it at all.

Hexe

SquidsInTheAttic
I absolutely agree about changing those parts of the design! I planned to completely change the hairstyle as well as the eye colour in the event of reselling the design once it was fully painted. I didn't feel right keeping the hair or the sapphire eyes on the design;; I really appreciate you going out of your way to check if the design was uploaded or not on his account! It eases my mind a lot more knowing he didn't do something like that!

Etoile

I agree with the opinions above. It should be fine to resell since it does not resemble his character.

Just one thing that I'll like to suggest, is that when you resell, you make potential buyers aware of this PSA. Since there could be a small likelihood of the new owner being harassed.

Hexe

Etoile
I really like that suggestion as I had not considered doing that! I certainly will be adding the PSA to the adoptable thank you so much.

Everoesea
I'm really embarrassed about how I only signed the image instead of properly watermarking it as you suggested. I will remember this so I do not make the same mistake twice, friend or not;; I really hope if there are any other artists reading that they just use my experience and your advice as their own. I went ahead and blocked him here yesterday but was unfamiliar with any side accounts. I didn't really know they could be used as a means to block evade so thank you for letting me know about that;;. I'll certainly keep that in mind if he ever comes around to claim the design again! I agree with you and Etoile about adding the PSA to the adaptable and will do that! Thank you for your kind wishes!

Pepperly

Hello! I've dealt with an unusual payment issue before, and it was something like this where they had sent the money and I didn't receive it, but it turned out okay on my end. Paypal sent an email to me right away to say there was going to be a wait and explained why; in my case it was because the user was a non-US, Unverified account; I think they paid with their card rather than a PP account. If I remember correctly, instead of saying "Pending", the payment said "Processing". It also took less than 24 hours for the payment to clear.

I don't know what it said on their end, since it was very clear on mine, and I wasn't worried.

mozaik

Pepperly given that op contacted paypal directly and was told no payment had been made, i think it's pretty safe to not give further benefit of doubt ><

in this case the doctored proof was pretty simple, but i wanted to mention for future reference even 'proofs' that check out can be edited via built in browser tools and screencapped (the page isnt live, but you cant know that from a screencap). i wont go into detail regarding that, but ive seen it used to fake everything from browser discord logs to pp payment history and more orz


Pepperly

mozaik

I'm not giving Nil the benefit of the doubt. Sorry if I explained it poorly, I was just trying to say "that's not at all what Paypal does if payments are pending, here's what I've seen when it actually happens". Hexe absolutely would've been informed by Paypal if any funds were sent, and if they were on hold. 

On top of that, Nil seems to buy comms a lot, has a PP account, and lives in the US. There's not really any reason for money to be on hold.

Hexe

Pepperly Oh! I'm actually familiar with that type of unverified PayPal issue you're talking about! This wasn't like that however because I had experienced something exactly like that in the past with my own account in which I had to re-verify! When something like that happens the pending for me in the past was purple rather than blue and on my end, it actually said paid rather than pending which I had to show the artist I was purchasing from. Paypal also informed us of it being held and gave us a specific date as to when the money would release.

From the Seller's end:
file.png
From my end on the same day when I was talking with the artist and telling them that it had actually deducted from my account:
ddreaot-7c7f6cd6-8dba-4869-99cf-415ce896
I also told the artist that if it did not clear by the 12th my friend would send the money and I made every single effort to keep her involved while I re-linked the same card I had again to my PayPal. It eventually cleared and no issues happened again as my account became re-verified with the same card. He also kept claiming he would send me an e-mail confirmation on the app he used but never did prior to blocking me. I never got any sort of notification from PayPal either in my e-mails that any sort of payment was actually pending or being held and as mozaik points out when I called, PayPal confirmed that he just did not send the money at all which is what was the final push to confront me as I felt that was the most undeniable proof I could give him. I appreciate you thinking about the unverified thing as a possible reason as to why it might have not sent because; at the very least; I have these old screenshots from a different case to prove further that this is not what happened with him;;

Edit: Oh, I'm so sorry I didn't see your response to mozaik! I was actually going through all of my notes looking for these specific screenshots gah! I think I misunderstood as well what you meant if this isn't the case; I apologize!

EnchantedFrog

Ok so I am putting in my two cents here as I have dealt with this paypal thing on numerous occasions. If paypal is down for maintenence or they are updating their server it will process the incoming payments as an echeck automatically --maintenence is uslually early morning from 2am to 4am EST. This also happens if the app is hiccuping and the payment is made through the app. Unfortunately there is no way to know a payment has been put on hold as an echeck unless you scroll through your activity (not your activity summary, because it wont show up there) and check to see if you have a pending payment coming in of the money. A PayPal echeck takes 7 to 10 days to clear... It will automatically withdraw money from the bank account of the person paying and put a hold on it for the person receiving money. Sometimes it will explicity say "echeck" and sometimes it will just say "Pending Payment".

If Nil's DID get echecked it will not have notified you but it WILL have notified him. PayPal customer service is kinda dumb with echecks as if he called them they would say "yes you paid its pending" but if you called them they would say "no you havent received money from this account". As I said I have dealt with this about 7 or 8 times from trusted sources (regular buyers who it never happened to previously, and my roommate paying the rent).

It is unfortunate that conclusions seem to have been jumped to in thinking it would clear in 2 to 3 days. I reccommend watching your PayPal over the next week to see if it clears as an echeck later and refunding him if you really do not want him to use that sketch.

Pepperly

@Hexe
My point is that it's still pretty easy to see when something's wrong, just like that! 

@cindyjeans
I didn't know about the e-check thing, but it shouldn't have been difficult to check for confirmation emails from Paypal if Nil got alerted that things were on hold or e-check'd. I stand by my statement that Paypal is good at informing how things are going, and someone could've seen if something went wrong somewhere. All I know is that every time something happens on my Paypal account (I buy something, a subscription gets re-upped, I get invoiced, I get paid), I get an email about it. Nil thought he paid but it actually didn't go through (which he confirmed before blocking), but the reaction of blocking because he himself didn't pay, and he still wants to keep the design, is wild.

PinkyFlamingo

It is possible for it say pending on the payer's side, it has happened to me several times. (Like someone else mentioned, it's easily resolved by canceling the invoice and re-sending.) It's possible he genuinely believe he paid it and thought paypal was just doing it's thing and it would clear in a few days. Granted he could have checked it more thoroughly/he was being careless, but like... we're all humans who make mistakes

Reading through this, I feel like this person made a mistake then got really mad when you called them a liar and acted a bit irrationally. It would have been better for them to take a day to collect their thoughts/calm down then come back to resolve the issue with you in private instead of blocking you. Even if the comm was still canceled, the whole thing could have been resolved a bit more nicely if you had been able to talk it out

With that being said, approaching someone with "you're a liar" is... not great communication. It's insulting and is very likely to make the other party feel attacked/be upset with you. It would have been nicer to say something along the lines of "i called paypal and they said there is no pending payment, could you re-check the invoice?"
it's possible he could have given you some weird excuse/this could have ended the same way, but in your last communication he acknowledges he thought he sent payment but it didn't and he made a mistake. It's just as possible he could have went "oh i see i made a mistake, i'm sorry" and then paid the invoice immediately and you wouldn't ended a relationship with a customer/friend over something that was an accident. What's done is done and there is no way of knowing at this point, but just thought I'd toss it out there in case something like this ever happens to you again with payments on paypal. It doesnt excuse his temper/him blocking you, but it's a good practice to approach customers/friends respectfully with issues

Also I do agree you have the right to change the hair and sell the design; while I understand from his perspective this design feels very personal/tied to his character, from an outsiders view I've seen stuff like this before. I don't mean this in a negative way, just that I don't think the design is so unique it could only be tied to his character; i think it can be re-purposed so you can get some money back on your time.

I'm not sure how much you valued your friendship with this person, but if you would be interested in saving it/ending this on good terms, I'd give them a few days to calm down. Once their initial anger has passed they may contact you to work it out/see if they can negotiate having you finish this piece for them. They mentioned paying extra to compensate you for your trouble and they may be willing to do this? This situation seems mostly caused by miscommunication/emotions so I feel like if you both gave yourself a few days then tried to talk, you might be able to part on better terms. In my general experience, this is kind of the better path to take because it gives you a real resolution vs forever lingering bad feelings (him feeling you disrespected him by calling him a liar and that you're taking the design of his oc, while you feeling like he was dishonest and worrying he will try to use your art without having paid for it)