Listing wrongfully removed for being too sexual/pornagraphic when there was nothing remotely sexual

[Marxhmallow]

Spoiler alert, there's nothing sexual about my listing yet I was told it was removed for these reasons.

• sexual wellness items depicting animals and/or their body parts.
• pornographic magazines or magazines intended for an adult audience.
• all hentai and loli items, as well as any product that is marketed with references to these terms.
• sexualized depictions of underage characters.

Like WHAT!?? I crossed none of those boxes, like not even remotely.

I haven't been this confused in a long time. I sat there and read and reviewed the well laid out criteria of what's allowed and what isn't and my digital item doesn't remotely touch any of those lines. It's of a cute anime girl, holding a music note, wearing a tank (no cleavage, shorts and cowboy boots)  It's a chibi (cute) version of the character Kate Denson from DBD. Does any one know if humans actually review these things or robots? I'd share the listing right here if I could.

If anyone wants to see my image, please let me know because maybe I'M the one who's missing something here.

[TheVintagePineapple]

Maybe the bot relayed the wrong policy information?  You are using Dead by Daylight along with the actresses' real names on almost every listing.  Could it have been removed for infringing rather than prohibited?

[Marxhmallow]

If the violation was copy right infringement I wouldn't be making this post. THAT, would have been clear cut and I would have just taken the L silently. But I received a direct violation in the sexuality department. If your theory is correct it sounds like a major flaw in the system.

[PlatypusDream]

Many chibi characters look like young girls to Western audiences.

So, if there were scantily clad girl-like figures... it would look like Hentai.

Perhaps sell your unlicensed "fan art" somewhere else?

[Marxhmallow]

Nothing scantily clad about the girl and my image wasn't just fan art. It was an animated set of overlays for streaming on Twitch. Not sure if you're aware but but there's literally thousands of people on here taking Pokémon, DBZ, Dead by Daylight, and any other game/movie and creating their own spin on the source material to make it into their own digital products. It's a huge thing on here. A zero point five second search would show you that.

[HauteGemsDallas]

@Marxhmallow 

Are you saying it's not against the rules? Or that it is but it's ok since others are doing it?

Btw Platypus Dream knows the rules backwards and forwards, so I wouldn't blow them off. 

[TreeTreasuresCanada]

@Marxhmallow 

@PlatypusDream  and other sellers are well aware of the volume of sellers who are illegally using intellectual property.  Just because "It's a huge thing on here." doesn't make it legal or allowed on Etsy. 

[BootifulLabels · Accepted solution]

@Marxhmallow 

There are plenty of people who speed on the roads, shoplift, even rob banks.  That doesn't make it okay to follow their lead.  Using another persons characters and/or branding, without license to do so is counterfeiting.  Fan art is only fan art when it is done for personal enjoyment.  The minute you put a price on it and offer it for sale it becomes a commercial product and that makes it IP infringement.  

[CarpetCollectionAU]

Just out of interest, has anyone been able to find this information in the TOUs / Legal documentation. I can see some aspects of the "Prohibited Items" policy have been updated 08 May 2023, but nowhere can I find the following documented

 sexual wellness items depicting animals and/or their body parts.
• pornographic magazines or magazines intended for an adult audience.
• all hentai and loli items, as well as any product that is marketed with references to these terms.
• sexualized depictions of underage characters.

Am I lookingin the wrong place?

Just a thought (and apologies to the OP for moving the discussion for a moment) I wonder if this point has anything to do with @ThePurplePuppy issue with her "floral daisy print" listing with the photo of a toy dog wearing a female dog diaper?

• sexual wellness items depicting animals and/or their body parts.

[ThePurplePuppy]

@CarpetCollectionAU 

You could be right--nothing Etsy does would surprise me right now!

[PlatypusDream]

"• sexual wellness items depicting animals and/or their body parts."

There is a HUGE amount of dog dildos on Etsy (1,898, to be exact), as well as horse and other animals. It's a very fine line to bestiality.

Etsy will remove them if they are reported.

Edited to add:

Etsy may JUST have updated the rules, and that quote is from somewhere deeply buried in the Terms, or is coming down the pipe.

When they banned baby teethers with small beads and parts there was nothing in the language saying this, just emails sent out to sellers who carried those items.

And just recently, when they changed the "Medical Claims" rules and immediately started issuing takedowns.  This may be the same.

[CarpetCollectionAU]

@PlatypusDream Not debating anything but ...I am just interested where this "copy/paste" came from? I cannot recall seeing these exact words anywhere before and I cannot find them in the TOUs/Legal documentation. But, at least for me, the information in the "Prohibited" section of the Legal documentation was last updated 08 May 2023.

edited ... as I can see you have added to your post. Thanks

[PlatypusDream]

@CarpetCollectionAU 

The Prohibited Items Policy does say "We prohibit items which are not aligned with Etsy’s brand and values, or which carry legal or other restrictions. Depictions of the sexualization of minors are prohibited. We also prohibit depictions of bestiality, incest, and non-consensual sex."

But yes, I would LOVE to know where that quote came from. As previously stated, it might be coming down the pipe.

[BootifulLabels]

If you used a character or franchise name, the originals of which are in any way sensually provocative ( some of the Studio Ghibli type characters spring to mind, pre-teen girls with uncharacteristically large "assets" and wearing clothing designed to emphasise those assets as much as possible) then the use of the name itself could be enough to trigger removal by the filter bot.  You can either wait a few days and see if it is reinstated after human intervention (the second part of the filter process) or you can try and hurry that intervention along by appealing the removal (if you can get anyone to answer).  The second option might not be the best option, since it could bring your shop to the attention of the staff tasked with flagging "counterfeit items".  Quite apart from the DMCA process, Etsy has added Brand names and images of popular characters and works to its Prohibited Items List (and NO, they do not publish the full list, that makes it too easy to find a way around the rule).  Even if you subscribe to the belief that fan art is okay (I won't get into that here) on Etsy it is prohibited to copy characters and themes from Trademarked works and list them for sale here.  

[Marxhmallow]

This has been the biggest waste of time. I didn't receive that kind of complaint. Thanks for responding anyways.

[Marxhmallow]

@HauteGemsDallas Listen I came here looking for assistance when it comes to my listing wrongfully being removed for the reasons ETSY stated via, Not to be ganged up on, told my content basically doesn't belong here and to be questioned by randoms who want to be heard so badly. As far as anything you had to say, I can not care any less then I do right now.

[HauteGemsDallas]

[Shrugs] Suit yourself. 

[CarpetCollectionAU]

@Marxhmallow What I am interested in is the stated "grounds" for removal of the items.

You have clearly been provided with a "cut/paste" from somewhere, but I am unable to find these actual "ground"s stated anywhere in the TOUs/Legal documentation

Personally, I believe it highly unlikely that the "bot" sent the incorrect message. Humans may make that mistake but "bots" should/could not.

[sharonjenkins1]

Randoms?

[PersonalizeStation]

Next

[RiverCityJAC]

Just because you're not hearing the answer you want to hear does not make their advice invalid. You're the one who climbed up on the microscope bed and asked the community to inspect you. 

[AngelHeartCastle]

I am unclear if your work is copyright infringement because i can’t find it, but assume it got seen as hentai by someone and taken down for that. If it doesn’t break copyright and is not sexual i really understand your frustration.

• I found this post out of my own frustration because a mild hentai themed listening showed up in my feed of recommended products last night. I was shocked and confused, because that’s not what I expect to see on Etsy…. It wasn’t even an artist’s work, just a load of images from several different contributors who appear to be underage. (Actually they looked like webcam shots from likely underage girls that probably have no idea their image is being sold.) 

However, after clicking on the mild hentai I was absolutely stunned to find that the inappropriate but relatively mild lewdness, lead to dozens and dozens of hardcore physical products from China, AI sex images and digital porn of actual people. They don’t  even look like artisan hardcore products or artist’s pornographic paintings or photographs.

Some of it was disturbing. (One of the drawings liked like a kid drew it. And some of the ‘toys’ are dangerous, apart from just being personally offensive.)

I find this extremely disappointing and off putting - especially when Etsy has a reputation for shutting down accounts for tiny infractions and misunderstandings. 

I don’t understand why they are allowing pornography. It’s not in the spirit of Etsy… but then reading some of the comments Etsy is well past what I saw and allows even much worse apparently.

There are plenty of places for this stuff. I dont want or need to see it on Etsy.  Disappointing.

[BarkhallaGifts]

Might be late to this. But most of the responses here are nonsense. The Etsy boy says PORN not IP. Ip isn't the reason. and his products aren't Porn so again its incorrect.

I had a "lewd" pin shop back in 2020. I was one of the top shops in that department. None of my products had sex, full nudity. After getting to top rankings Etsy just banned my shop and had no real reason why. Stating items were marked as porn, when they were far from it. In the appeal process I pulled over competitors' items. Etsy said those products were fine. But mine wasn't? Many of them items Etsy flagged on my shop weren't even the "lewd" products. One was of a fully clothed punk woman sticking her tongue out doing the |m| sign. Another was a cute landscape pin. Again, and again etsy said the other shop was fine and mine was bad. At this time I sold roughly 15,000 products and had full star ranking. No complaints and was finally somewhat independent with my own business. 

The shop Etsy said was Ok was: CaptivatingAudience - Etsy

There is no reason to why Etsy bans shops. They give no reason when asked. They dont help the sellers at all even after etsy forces such high fees onto their members and even at one time forced ads/sells of your products.