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NEWS: Supreme Court of Japan: Nude CG Images Based on Child Photos Are Pornography


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Kougeru



Joined: 13 May 2008
Posts: 5577
PostPosted: Thu Jan 30, 2020 2:19 am Reply with quote
I'll defend drawings that come out of someone's mind to my death but "based off images of an actual child" is definitely, 100% messed up and very obviously had a real victim involved.
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CatSword



Joined: 01 Jul 2014
Posts: 1489
PostPosted: Thu Jan 30, 2020 2:32 am Reply with quote
I absolutely think this is where we should draw the line, as images that are modeled off of real child photos contain a real-life victim, compared to the fantasy scenarios and characters of typical lolicon and shotacon content.
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Megiddo



Joined: 24 Aug 2005
Posts: 8360
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PostPosted: Thu Jan 30, 2020 2:57 am Reply with quote
No qualm here. That stuff is CP.
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Engineering Nerd



Joined: 24 Apr 2008
Posts: 902
Location: Southern California
PostPosted: Thu Jan 30, 2020 3:00 am Reply with quote
When you think deeper, yeah, that absolutely makes sense, since a real-life victim is involved, we should absolutely draw the line
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residentgrigo



Joined: 23 Dec 2007
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Location: Germany
PostPosted: Thu Jan 30, 2020 3:21 am Reply with quote
Finally caught up with the majority of the world. Congrats Japan.
Pixiv pure incoming. That crap site is filled with these.
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WANNFH



Joined: 13 Mar 2011
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PostPosted: Thu Jan 30, 2020 3:30 am Reply with quote
CatSword wrote:
I absolutely think this is where we should draw the line, as images that are modeled off of real child photos contain a real-life victim, compared to the fantasy scenarios and characters of typical lolicon and shotacon content.
Totally agree with that. Drawing the lolicon and shotacon is absolutely fine and shouldn't be punished as long as it not involve the real children as basis for drawing, and here is straight exact point where it should be divided between the depiction of fictional characters (which is not breaking the law and can be only considered as the matter of ethics) and the real CP.
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Jen Bigby



Joined: 20 May 2013
Posts: 112
PostPosted: Thu Jan 30, 2020 3:33 am Reply with quote
residentgrigo wrote:
Finally caught up with the majority of the world. Congrats Japan.
Pixiv pure incoming. That crap site is filled with these.


You're going to be disappointed then because this isn't about typical CG loli artwork. It was specifically about 3 of the pictures in the photobook he made that were deemed too similar to the original photos used to not be transformative enough to be classified as original artwork. Presumably the 31 other images in the book were not an issue.
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Netero



Joined: 10 Jun 2018
Posts: 172
PostPosted: Thu Jan 30, 2020 6:08 am Reply with quote
Whilst it is clear that there is a big difference between a work entirely of the imagination and something derived from what should basically be regarded as a crime scene, the problem is that in the case of possession rather than production, typically only law enforcement agencies will know which is which.

It is one of the requirements of a just law that a person should be able to tell whether they are breaking it or not, and any law which criminalises simple possession of lolicon images based on whether or not they were derived from a real child inevitably fails that test.
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Halko



Joined: 27 Apr 2015
Posts: 107
PostPosted: Thu Jan 30, 2020 8:38 am Reply with quote
Netero wrote:
It is one of the requirements of a just law that a person should be able to tell whether they are breaking it or not, and any law which criminalises simple possession of lolicon images based on whether or not they were derived from a real child inevitably fails that test.


I dont believe the case described in this news post said anything about the possession of these images but rather the production of them by the defendant. The book itself could still likely be considered legal or at least it should be in japan considering their current laws and the fact that its nearly impossible for a consumer to tell the difference. I doubt they will find a list of purchasers and hunt them down for owning a copy.

I see it as basically the same situation as pawn shops. Its illegal to trade in stolen goods but you cant hold the stores and customers accountable except in blatantly obvious cases.
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cookiemanstah



Joined: 09 Dec 2013
Posts: 546
PostPosted: Thu Jan 30, 2020 10:52 am Reply with quote
regardless of it being based on reality like this article or not, do any of you wonder what goes through the mind of official illustrators that draw lolicon and their audience? It's just all straight up pedophilia with no distinction. It's catering to pedophiles by default and there's no argument against that.

Although I don't know if you people think being a pedo by default (which you are if you engage in lolicon art) is the same as being a pedo that's harmed real people. People make no distinctions with the terminology.
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Tuor_of_Gondolin



Joined: 20 Apr 2009
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PostPosted: Thu Jan 30, 2020 11:19 am Reply with quote
Are actual children involved in any way? That's the line that must never be crossed, IMO.

I agree with this decision.
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Halko



Joined: 27 Apr 2015
Posts: 107
PostPosted: Thu Jan 30, 2020 11:40 am Reply with quote
cookiemanstah wrote:
regardless of it being based on reality like this article or not, do any of you wonder what goes through the mind of official illustrators that draw lolicon and their audience? It's just all straight up pedophilia with no distinction. It's catering to pedophiles by default and there's no argument against that.

Although I don't know if you people think being a pedo by default (which you are if you engage in lolicon art) is the same as being a pedo that's harmed real people. People make no distinctions with the terminology.


These same thoughts and problems can be asked to anyone thats ever made an action or horror movie. Do you wonder whats going through Keanu Reeves or Robert Englunds mind as they portray their character killing people? Its all fantasy and as long as it stays fantasy it doesnt really matter. In the end its all just entertainment and it all depends on a persons interests and/or fetishes.

At the end of the day your not a murderer for watching John Wick in the same way that your not a child molester for enjoying loli.
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Blanchimont



Joined: 25 Feb 2012
Posts: 3561
Location: Finland
PostPosted: Thu Jan 30, 2020 11:51 am Reply with quote
cookiemanstah wrote:
Although I don't know if you people think being a pedo by default (which you are if you engage in lolicon art) is the same as being a pedo that's harmed real people.

There's always been a distinction. The former is simply a paraphilia and a psychiatric disorder. The latter is a crime. Pedophilia only turns to crime if one acts on it, otherwise it would be a thought crime...

And I'm not sure I can agree with labeling lolicons pedos by default, I may get off at good lolicon art, but at most I tend to find real children cute...
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cookiemanstah



Joined: 09 Dec 2013
Posts: 546
PostPosted: Thu Jan 30, 2020 12:40 pm Reply with quote
Blanchimont wrote:
cookiemanstah wrote:
Although I don't know if you people think being a pedo by default (which you are if you engage in lolicon art) is the same as being a pedo that's harmed real people.

There's always been a distinction. The former is simply a paraphilia and a psychiatric disorder. The latter is a crime. Pedophilia only turns to crime if one acts on it, otherwise it would be a thought crime...

And I'm not sure I can agree with labeling lolicons pedos by default, I may get off at good lolicon art, but at most I tend to find real children cute...


but if it's a disorder as you say, it's clearly not normal.

It's really up to you under the logic it's all fake but still, there's no doubt lolicon equals to pedophile. If pedophilia by default is not a crime in real life, you shouldn't really be bothered or nervous by the terminology. But there's a *reason* someone would be sexually attracted to say, Kud or Rika. And it's not just the moe factor because moe applies to plenty of teenage over-looking characters in anime.
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Firefly251



Joined: 14 Jul 2018
Posts: 367
PostPosted: Thu Jan 30, 2020 1:13 pm Reply with quote
Quote:
Takahashi stated that it was not his intention to create child pornography


...
you literally scanned pics of real children for the work!

no way he didn't intend when thats the entire reason of it Neutral[/quote]
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