The Prophet Driller on Defamation Claim – Did Instagram post spark tic attack!?

We have reports that the Prophet Driller was reportedly targeted on Instagram for a selfie he posted back in January. The attack was reportedly memes containing images of the Prophet intended to be a sexual solicitation. While this is not the first time somebody targeted the Prophet Driller on Instagram in the past, this is the first time it had this effect on him where he was bedridden with stress and will likely be unable to work for a few days.

The Prophet is no stranger to antagonistic appearances on YouTube and social media, and also contemptuous attacks on social media. In the past, Drillimation would report intellectual property abuses for the following, including but not limited to name-calling with some exceptions, and cursing with rare exceptions. This included claims that the Prophet Driller is truly Japanese. In reality, he isn’t and his love interest is a hafu (half-Japanese). The Prophet actually role-plays a Japanese persona.

On Sunday after a SmashErie event concluded where a playable version of Chuhou Joutai was shown, the Prophet who is public about his fight with Tourette’s, said he received not one, but two malicious posts on Instagram from a Drillimation fan, being memes containing inappropriate sexual comments made by the fan. We are not going to reveal the culprit’s username. The attack happened around 10:00 PM Eastern Daylight Time (2 AM UTC), the usual time the Prophet posts to social media.

The posts intended for him to have a tic attack, and they did what he expected. They triggered a Tourette’s attack. Tourette syndrome is no joke. Anything that can provoke rage in him, is likely to cause an attack. This also includes visual and audio stimulations. In response, a DMCA claim was filed, claiming his posts violated the Game Content and Brand Usage Rules. Instagram has since removed the infringing posts. In addition, the following rules were violated:

You can’t use Drillimation’s IP to create something that is offensive, pornographic, lewd, discriminatory, or anything that is objectionable to local laws. We can’t guarantee if a fanwork is considered objectionable by staff, but if you believe that a number of fanworks based on a certain game crosses this line, please consider reporting the work(s) to the online service it is being hosted on, as they may be violating that site’s policy as well. If they will not remove it, you can also report it to us through our abuse form.

General rule violated

Today, Drillimation introduced a new addition to their IP usage rules, this goes as follows:

You may not use images of the Prophet Driller or any other Drillimation staff member without our approval for privacy reasons.

New rule added but was also violated

The fan’s posts mark the first time somebody violated the Game Content and Brand Usage Rules. In addition, he also got a DM from Drillimation, saying they have the exclusive rights to post images of the Prophet Driller on sites such as YouTube and Twitter. When images like these are posted to Drillipedia, the official Chuhou Joutai wiki, a personality rights disclaimer is mandatory.

Even if your use of images of the Prophet Driller for memes on social media, you are still not protected even if it is licensed under Fair Use. Remember, only a judge can decide what is fair use, and only the Prophet can decide what is acceptable and not acceptable for them. If we detect future abuse, this can result in compliance issues with the IP usage rules. This is why the DMCA and the Anti-Defamation League exists. In addition, you could also face civil and/or criminal investigations. Civil penalties can be up to $1,000 per offense. So, if any of you others think about trying this so-called prank on him, don’t do it. The consequences will be severe.

UPDATE: The culplit’s Discord account has been suspended as well for participating in Discord raids.

Frequently Asked Questions

What websites does Drillimation also monitor?
Instagram is the site we monitor the most, as well as Twitter. However, we don’t generally monitor YouTube. DMCA claims filed against YouTube videos are not always successful, as the original creator can file a counter-notification to restore the video.

Can I be liable for damages if I violate the new rule?
Yes. The action the fan did above constituted an invasion of privacy of one of our staff members. Drillimation staff members have the right to control the use of their face and/or voice. Licensing is mandatory for individuals wanting to use images of Drillimation staff. A licensing fee may also be charged.

Have there been instances of this in the past?
Well, yes. In December 2016, Newsweek reporter Kurt Eichenwald, who suffers epilepsy, suffered a seizure after being targeted on Twitter with a GIF containing a flashing strobe and the message “You deserve a seizure for your posts.” This came after an interview on Fox News over his investigative report on then-President elect Donald Trump. While the Prophet does not suffer epilepsy himself, he finds it disorienting. The perpetrator in Maryland was arrested for cyberstalking and assault respectively.

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