Frogboy Frogboy

Jark is my friend

Jark is my friend

deviantART reaches a turning point

Jark is my friend.  He's been my friend for a long time.  I'm unhappy about the situation with deviantART.  Jark (Scott Jarkoff) and his friend Matteo (Matt Stephens) founded deviantART back in 2000.  The site was started with the help of Angelo Sotira (Spyed) as well but I don't think it's accurate to say Spyed is a co-founder of deviantART any more than it is accurate to give the CEO of say Ziff-Davis the co-founding credit of every magazine they publish.

deviantART, especially when it was launched, was a truly unique experience and its uniqueness put it on the path that has led to where it is today.  And about a week ago, the company that owns deviantART fired Jark without giving any sort of public explanation.  I don't think that's acceptable.  Jark deserves better than that.

Let me tell you the kind of friend Scott Jarkoff is.  Let me tell you about the man he really is.  He's a man of principle. A man of strong moral character.  He is not the kind of person who becomes paralyzed by shades of gray.  He doesn't worry about "appearances".  He worries about what is right and what is wrong. And he takes stands on things based on what he believes in.

Jark is a man who doesn't just say things that sound ethical and moral. He does things that are ethical and moral. He is a man of action.  Let me give you two examples where, at risk to himself, took a strong stand to help his friend (me in these cases) because he thought it was the right thing to do.

Example 1: The GUI Olympics

The first example took place in 2002.  We had put together this inter-website contest called the GUI Olympics.  And I fully admit that we at Stardock were incredibly naive in the way we had set it up. I say that because to help create a sense of equality and paternity, each member site was allowed elect a judge to represent their site without those sites having to have put in any real effort into the contest. As a result, they didn't really have a vested interest in hoping the contest was successful.  Stardock, in its naivete, had basically created a giant-give away to "the community" skin sites without really getting anything substantial in return. 

Stardock, which had come up with the contest, organized it, was paying for the contest and running it would have 3 judges. Each participating site would have one judge.  The rules for the contest were posted from the onset.

Over the course of weeks, Stardock burned the midnight oil to build an independent skin site (the GUI Olympics website) to host the contest and provide a place for judging.  Once it was done and as it was about to begin, a number of the sites started objecting that Stardock (gasp, a commercial company) should have so many judges. They insisted that Stardock be given 1 vote (so it would have 1 vote in 9).  Nevermind that the prize money given out was split between the skinners and the sites and therefore their demand would, in effect, create the potential for collusion -- a couple of sites could get together and potentially rig the judging so that skinners representing their sites would win. And nevermind that Stardock was the one paying for the whole thing.  And ignore that Stardock was the one running the contest (coding the sites, doing the database work, moderating, etc.).  They also demanded a host of other changes including changes to the rules, changes to how the skins would be displayed, etc.  Mind you, they made these demands right before the contest was about to start.  And bear in mind, they demanded this despite their only contributions to the contest being judging the skins -- not exactly a sacrifice. And for that they'd be receiving part of the $10k in cash and prizes being handed out by us along with links back to their sites.  And on top of all the other demands, they also insisted that skin authors not have their names publicly displayed until after the contest -- which would have essentially killed the contest since public recognition is a major factor for skinners. 

For those of us who were working 70 hour weeks trying to get this thing going, the idea of going back and making these changes along with what we thought were obvious conflict of interest issues in allowing the sites who would be receiving money having so much say over how the prize money would be handed out was appalling.  During the course of it, I was called all kinds of names and made to look like I (personally) was out to "Screw over" skinners (how having a contest with cash and prizes can be turned into a "Screw skinners" thing is beyond me but that's what got spread).

But Jark alone of the major skin sites rejected their demands.  Jark took the position that it was our contest to run as we see fit and if they didn't like the way we were running our contest they should get off their asses and run their own contest (which, incidentally, none of these sites ever did).  And in fact, only Skinbase and deviantART via Jark stood up to the other sites.  As a result, the "committee of rule changes" fell apart since as a practical matter, by 2002 WinCustomize and deviantART represented the lion's share of the skinning community and as long as we had Jark's support, the contest could go forward.

The easy path would have been to ride the bandwagon. After all, the "committee" had made themselves out to be the saviors of poor exploited skinners and Stardock was the big bad corporate overlord.  But he took the harder path even though he had to disagree with other on-line friends and do what he thought was right.

Example 2: The TGT Soft incident

The second example came two years later.  It was a week before Christmas 2003 and software developer TGT Soft had demanded that it have the right to use the IconPackager .iptheme format we had created without having to license it from us so that their program Style XP could compete against IconPackager without having to go through the trouble of getting people to create icon packages in any format they came out with or having to pay to host such icon packages.  When we refused to simply give them permission without some type of compensation, they filed a lawsuit against us demanding a court force us to hand over rights to the .iptheme format without any sort of licensing agreement.

A "company" site would probably go and play neutral.  But Jark took a stand.  He condemned TGT Soft and refused to post any more news on them (Betanews.com and Neowin.net have done likewise).  But Jark was the first to do so and deviantART -- run by Jark -- was the only website to publicly condemn what many felt was the corporate equivalent of ripping. 

And I've been thinking of these incidents and countless like them in which Scott Jarkoff displayed a level of integrity and nobility that goes beyond anything one could ever expect in a single human being.  And while I cannot hope to match Jark's integrity, I can try to match his loyalty.  And therefore, I will publicly state this -- on behalf of Stardock Corporation, its shareholders, and Stardock's affiliated websites and partner websites (which are more than most people are probably aware of), we urge the company deviantART, Inc. to settle with Scott Jarkoff in a fair and reasonable manner.  We urge the company deviantART, Inc. to put together a fair and accurate history of deviantART that is created as a collaborative effort between Angelo, Scott, and Matt.  We urge deviantART, Inc. to reinstate Jark with a new "Founder" access class (or better) pending a formal settlement.   We urge deviantART to acknowledge the importance that Jark played in the creation of deviantART.  There would be no deviantART without Jark and to strip someone of their creation in such a way is not right. If both parties can't work together, it should be handled with delicacy and sensitivity.

By doing these things, we believe that deviantART can avert permanent damage to the community we care so much about and to the very valuable good-will that it has built over the past 5 years.  We care very much about deviantART and its success and we hope that the company that owns it and Jark can find a way to settle things amicably.

38,228 views 43 replies
Reply #26 Top
Bravo on this, bravo...thank you for this heartfelt post....it is so appreciated.
Reply #27 Top
Hey! I'm still up for that threesome
Reply #28 Top
I admit, I'm a little late in reading this, but it's well written, and an excellent testimonial to a good man...and a good friend.
Reply #30 Top

Ditto, Brad!

Never went back to visit dart and never will, if Scott doesn't be there.

Reply #31 Top
QUOTE: The second example came two years later. It was a week before Christmas 2003 and software developer TGT Soft had demanded that it have the right to use the IconPackager .iptheme format we had created without having to license it from us so that their program Style XP could compete against IconPackager without having to go through the trouble of getting people to create icon packages in any format they came out with or having to pay to host such icon packages. When we refused to simply give them permission without some type of compensation, they filed a lawsuit against us demanding a court force us to hand over rights to the .iptheme format without any sort of licensing agreement.

RESPONSE: hrm... this tickles my hatred of closed file formats. Wouldnt having one common file format be a good thing, in terms of not having to spend more time making more versions of the same skin? Of course, the FOSS guys have to reverse engineer formats while TGT was outright demanding the format...
Reply #32 Top
LOL *Grabs the gimp suit for Jafo and rushes off to China's aid*

But seriously, I went to Hell the other day and it's true. Hitler is still getting a pineapple showed up his poop tube every morning before b/fast. For the entertainment, there was Sid Vicious eating razor blades and Henry The VIII kept getting his head chopped off. But a whole bunch of them were getting stabbed in the back by Judas with a frozen tird. He kept shouting 'Die you double-crossing sons of a motherless goat, not even the Devil can trust you"

No, I am not religious.
Reply #33 Top
-freak- : Mr. Sotira "could" be ousted -- by a court order. I don't doubt that Scott Jarkoff will sue deviantART Inc. for, what's the expression? disloyal business practices or some such (Scott is a stockholder and IIUC he wasn't treated as any stockholder ought to be treated re percentage of shares, communication of yearly accounts, etc.). IMHO he could win, but not between this, er, month and the next: it will take a loooooooooong time. I'm not losing hope though.

Brad Wardell: Congratulations on a most noble speech.

Best regards,
Tony
http : //tonymec.deviantart.com/
http : //users.skynet.be/antoine.mechelynck/
Reply #34 Top
I think I understand...Jer

The whole "Print" thing right?

Karma does work.
Reply #35 Top
Yup, yeseree... but then again, I don't think I lost as much as Jark stands to loose here. DA was everything to him.

Btw, how you been precious?
Reply #36 Top
I bet 99.9% of the community are currently lost....all this 'print' thing....but yes, Jark got the new, improved Super-sized pineapple.....about the size of one you might find in FNQ.....
Reply #37 Top
FNQ? .. ah you mean this place
http://www.fcn.ca/festival.html

On the side note, I'm back in Melbourne mate, was ganna drop by recently but no contact number... you still drink Coopers?
Reply #38 Top

you still drink Coopers?

Is the Pope a Catholic?...

If I email you via your account addy...will that reach you?...

Reply #39 Top
LOL... alriiight!

Uhm.. dunno bout the account, may have been compromi'z'ed. I have trouble changing my details now. So email me or catch me with MsMessenger [email protected]_
...that should work
Reply #40 Top

One thing I do want to add:

I really don't like the demonizing of Angelo Sotira.  I know Angelo as well.  He's not a bad guy. He's a good guy too.  The problem here is that they both have very different motivations and very different points of view on this matter.

This isn't a moral equivalence issue. Because Angelo has dA, Inc.'s resources to call upon, there's a natural imbalance in the dealings between the two.  What I am hoping to accomplish is to make sure Scott's side of things get equal time as well or at least has a fighting chance.

But that doesn't make "Spyed" the bad guy here necessarily.  He, I'm sure, feels totally justified in how he's proceeded. 

The real issue is what level of "generosity" a company should have.  That is, there is X which represents what we can get away with legally and Y which represents the most generous type of behavior a business person can have.  A good AND ethical business man will find a place somewhere in between X and Y that all parties can live with.  But how far towards X and Y that position is is not always easy to find.

You have Jark, who, with Matteo, founded deviantART.  But you have Spyed, who made deviantART that we know today a reality.  Without all three, deviantART wouldn't exist. Period.  So from Spyed's point of view, why shouldn't he be considered a founder? He was there from the beginning?  It just depends on your point of view.

Then there's the stock business, which I suspect is the real meat of things.  In that email I read there was a dispute over whether Jark should get 35% or 45%.  But then, that leaves potentially only 55% for ALL those other people who labored to make deviantART a reality. What about them? The people who don't get any glory but still worked in the trenches for years?

But see, I'm not going to make an article that gives that POV.  Spyed has the resources to give his point of view.  Jark can't make home page announcements and such on deviantART.  And while I like Angelo, Jark is, like the title says, my friend.  He's been my friend for years. And so I tend to be naturally sympathetic and loyal to Jark.  But that doesn't mean I think Angelo deserves to get trashed. I don't.

What I am hopeful for is that Angelo and Scott will be able to find some middle ground. I don't think either of them have any idea how awful a lawsuit is.  If they're reading this, I hope they forgive me if I sound like I'm patronizing them.  I've been through some lawsuits and they are awful. It's not just the money, it's the monumental waste of time.  The lawsuit with TGT Soft put Stardock back months. Not from the money but just the wasted energy.

Some first steps have been taken.  Angelo set Jark up with a "Founder" access group which is a nice show of good will.  But if that email is remotely accurate the other issues will revolve around getting the financial info on deviantART (which IMO Jark is owed -- if he has 1 share of stock vested, he had a legal right to see it -- I hand over detailed financials to our stockholders -- yes, Stardock Corp. has stockholders, I just have a super majority so I can pretty much do whatever I want <g>).  And the other issue will be what level of stock Jark is owed and how much stock is left to be vested.

Hopefully their lawyers will work to put together a fair agreement for both of them.

Reply #41 Top
I've removed all my deviations, I won't post anything or allow any ports of mine to be posted to dA until this has been resolved fairly.
Reply #42 Top
"skinz.org"

Ahh, the reason I got into skinning.
Reply #43 Top
the stock business, which I suspect is the real meat of things.


that differentiated update helped me a great deal and spread around like fire. Topic still is important. In the meantime, with that tip by thomassen in this very thread and some Frogboy help on BoxXis U. K. site, I found my own shelter for UPLOADING, which is not DA now on purpose, also considering WC does not need me either, but did help me, who cares where I went, that is not the point. At DA, all I do is download avatars to see how to make my own which is working and feel sorry for most artists there but dont reup subscrib because of being disappointed by months of their search function not having been fixed. Yet it is clear to see not everything is bad there and a lot can be learned from them. Jark did seem to need a savior, hope they agree a bit. Sadly though, the phrase TURNING POINT was justly used, I reckon. Feel like Adni 18 lately when reading his 21 questions reply interview as to the future of skins on skinning.net Just a streak, I hope.

Hope Vista is not bad at all, or all bad. 1 of its points was to be CUSTOMIZEable, so let us hope for the best. My TURNING POINT feeling still applies to DA, at the same time, I find it helpful but tragic to realize that time flies and unique pioneer ideas do get copied elsewhere, so what is really that unique these days? There are more sites competing with each other than I thought, luckily not against each other. People might not need all of DA that much, after all. What seems to be disappearing is that true spiritual creative skinning soul that shares and starts up a peaceful revolution with positive effects. Business, something else again. Goodbye to that soul in general, not Jark alone. Farewell, and thanks. Now we are on our own like birds shoved out of their parents nest so they learn how to fly.