Hotlinking the Vegetable

This picture again! It has popped up as a background image in a reply by Armedandprettyfull on the msn group Wolves of Serenity. This group is "a very literate, clean rpg."

In the rules I find:

Absolutely NO wolf art pictures.I dont want this group to be closed down.So.. no Golden Wolfen, Frisket etc.If I find anything of the such on this site in any of the albums.. I will delete them. e_e

In Microsoft's http://privacy2.msn.com/tou/en-us/default.aspx?PI=26283&DI=416 I find:

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Microsoft related to the MSN Web Sites (a "Submission"), you grant Microsoft permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the MSN Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Microsoft will not pay you for your Submission. Microsoft may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

so Microsoft is saying they can do whatever with your post. This runs right into my stated permission that a hotlinker owns the specific use they make of my image, but may not sell it or otherwise make use of it.

Armedandprettyfull has posted my image in a place that states they can do what they like with it. Geez, what a quandary.

I have joined the group and posted this message:


Hi,
I like that picture a lot! It's my most popular hotlinked photo, and I encourage hotlinks to my artwork, I like it a lot when people use my pictures.

I'm in a quandary in regards to this use. I give people implicit contractual permission to hotlink my photos, but Microsoft says the following in their forum rules:

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Microsoft related to the MSN Web Sites (a "Submission"), you grant Microsoft permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the MSN Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Microsoft will not pay you for your Submission. Microsoft may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

SO you see my problem: I want you, Armedandprettyfull to be able to use the picture this way. I didn't give Microsoft permission to do what they like with it, but that is the gist of their rule. Anything you post, they pretty much own from there on out. I think this is draconian and foolish, but it's their house, and they make the rules here.

This runs completely against my own rules, but if I don't say this, I'm giving MS permission to abscond with my image:

lif5.gif is the Robot Vegetable's photo, please don't give it to Microsoft by posting it in their forums.

Yuck, now I have to go wash out my mouth. I want people to hotlink my images, but I retain all other rights. Microsoft does not have my permission to use this image in any form as expressed by their rule listed above.