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burzmali
Joined: 21 Oct 2005
Posts: 143
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Posted: Fri Oct 10, 2008 12:40 pm
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I said it back when Dwight Whorley was jailed under the same section of law, the government has outlawed loli, it has chosen not to enforce it until now.
With those two sections found unconstitutional, he's got a fighting chance, but I'd still like to see who the defense manages to get on the stand to declare that loli has artistic merit.
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turboyoshi
Joined: 25 Jun 2008
Posts: 16
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Posted: Fri Oct 10, 2008 12:58 pm
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Hmm, Dwight's case may be a little different though. He's a known sex offender (prior convictions) and was downloading images of actual sex acts involving minors, not just loli manga.
His actions therefore, make it seem likely that he still represents a threat to public safety and this is another option the state has of removing him from society. I don't disagree with how that case was handled at all.
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SoloButterfly
Joined: 12 Jul 2005
Posts: 239
Location: Masaki Residence
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Posted: Sun Oct 12, 2008 12:11 am
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I was really surprised that Del Rey sent out a newsletter about this. I think it's one thing to say "the government is attacking this man because he owns manga, a tiny amount of which sorta kinda contains drawings that the government finds obscene" and another to say "the man owns some manga that contains instances of child pornography." And then to ask for donations to help support his cause. It just seems like a really odd move for Del Rey
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tyciol
Joined: 31 Jul 2006
Posts: 134
Location: Canada
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Posted: Sun Oct 12, 2008 6:16 pm
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burzmali wrote: | I said it back when Dwight Whorley was jailed under the same section of law, the government has outlawed loli, it has chosen not to enforce it until now.
With those two sections found unconstitutional, he's got a fighting chance, but I'd still like to see who the defense manages to get on the stand to declare that loli has artistic merit. |
Specifically I think George W. Bush passed the bill outlawing it, but that when they attempted to enforce it the Supreme Court stopped it from being enforced.
But, if the Supreme Court has overruled enforcing it, shouldn't it be revoked? Otherwise, it is just a hassle for the judicial system because you'll have people trying a bunch of stuff which will get inevitably overruled.
Charles Brownstein mentions that this is the first time they've had to defend a collector, as in the past they've defended artists, or the retailers who sell their work.
I'm personally apalled by this, going after the consumers. Consumers/fans of art are often not in any place to defend themselves. It is picking on the little guy.
If you are an artist, you have first hand experience at defending the artistic merit of your own work. If you are a retailer, you probably know how to get in touch with the artist or their representatives, and have a support network for defending your rights to make money. The artist has an interest in helping you because you make a lot of money for them by selling their work. Not only that, but you can get support from the art community at large, because you sell all sorts of people's work.
Individual consumers do not have this. They don't have a network, they don't know the artist, they have nothing convincing others to help them. Especially when talking internationally, you may not even be able to speak Japanese, so there is a language barrier in getting the artist to describe the artist merit of their work.
One thing about consumers of japanese media, like manga, is that we often adopt japanese characteristics in response to it, like being polite, and avoiding being presumptuous.
I am sure when we read manga, we have our thoughts about what the creators were thinking. We surmise what various intentions they may have. We discuss this type of thing in fan groups. But, we don't KNOW for certain what they were thinking without talking to them.
That's why there are interviews and stuff, people will explain their motivations, or what their artistic thoughts are. This happens with popular anime/manga series, usually ones produced in affiliation with large magazine or manga publication organizations.
Small independant artists don't usually get that publicity and they're more private with their art. I think this especially applies to a lot of the ones who create hentai manga, and especially with those who create lolicon hentai manga.
Even the ones who create non-hentai lolicon manga (such as Kodomo no Jikan, which is not hentai) are probably private about their inspiration and stuff. Stuff like this are probably next in line for 'obscenity' charges. Next they'll probably be after Cardcaptor Sakura for panty shots or her crush on Yue or lesbian overtones or something.
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