The rule with the 96x96 was only invented during the forum was already set. So people with a bigger avie but not premium member didn't change their avatar since the 96x96 rule was invented.
yeah but the rule says
Note: The maximum size of your custom image is 96 by 96 pixels or 9.8 KB (whichever is smaller).
So if my avatar is 91x129 but only 3.15KB why should it get scaled down if it fits the 9.8KB rule?