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NEWS: FL Court: Online Content Held to Distant Community Standards


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GATSU



Joined: 03 Jan 2002
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PostPosted: Thu Feb 11, 2010 12:34 am Reply with quote
Can't wait for this to turn into a legal nightmare. But hey, states' rights only apply to gun-waving skinheads who shoot up abortion clinics. Rolling Eyes

Last edited by GATSU on Thu Feb 11, 2010 12:38 am; edited 1 time in total
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Megiddo



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PostPosted: Thu Feb 11, 2010 12:35 am Reply with quote
I strain to see how this is related to anime...
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GATSU



Joined: 03 Jan 2002
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PostPosted: Thu Feb 11, 2010 12:37 am Reply with quote
It's simple. If they don't like porn, imagine what they'll do to people who upload scantalations of Tenjo Tenge.
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Splitter



Joined: 19 May 2003
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PostPosted: Thu Feb 11, 2010 12:38 am Reply with quote
Megiddo wrote:
I strain to see how this is related to anime...


Yeah, there's nothing in that article that relates to anime, unless we're supposed to connect obscenity laws, but that's a real stretch.
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Megiddo



Joined: 24 Aug 2005
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PostPosted: Thu Feb 11, 2010 12:39 am Reply with quote
Honestly, reading about something of real women digesting bodily fluids is not something that I come to ANN to read.
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GTO Neko



Joined: 11 Oct 2007
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PostPosted: Thu Feb 11, 2010 12:40 am Reply with quote
Megiddo wrote:
I strain to see how this is related to anime...



You'll have to take into consideration about the brouhaha that occurred with the one guy in Iowa (I think) that was jailed for having loli-artwork, which in turn carries over into how the FL court is taking the law into their own hands with different "obscenities".
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Mad_Scientist
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PostPosted: Thu Feb 11, 2010 12:46 am Reply with quote
What... the... ^&*^?!

This ruling is absurd. Obscenity laws are vague and problematic enough as it is, something like this will just make things even more insane.

And this does relate to anime quite a bit because all the controversy regarding explicit anime content lately. A ruling like this could affect certain anime stuff in the future.
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jyuichi



Joined: 26 Jun 2009
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PostPosted: Thu Feb 11, 2010 12:47 am Reply with quote
Megiddo wrote:
Honestly, reading about something of real women digesting bodily fluids is not something that I come to ANN to read.


That's an image you created completely separate from the article Rolling Eyes

Considering how much obscenity rulings (e especially net related) DO affect anime this is not an unreasonable item to note on ANN as a small daily brief.

If you want to whine about non-anime coverage how about all those ridiculous manga news items? I come here to read about anime </sarcasm>
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Megiddo



Joined: 24 Aug 2005
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PostPosted: Thu Feb 11, 2010 12:49 am Reply with quote
jyuichi wrote:
Megiddo wrote:
Honestly, reading about something of real women digesting bodily fluids is not something that I come to ANN to read.


That's an image you created completely separate from the article Rolling Eyes

No, I just read the sources as well to get more information.

Tampa Bay Online wrote:

The videos featured scenes of vomiting and urination, depicting women being forced to ingest various bodily fluids.


This is what I don't see has to do with anime. These things depict actual women being FORCED to do this crap. It's completely different.
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Mad_Scientist
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PostPosted: Thu Feb 11, 2010 12:52 am Reply with quote
Megiddo wrote:


Tampa Bay Online wrote:

The videos featured scenes of vomiting and urination, depicting women being forced to ingest various bodily fluids.


This is what I don't see has to do with anime. These things depict actual women being FORCED to do this crap. It's completely different.


Irrelevant. This ruling applies to all content. That's the nature of rulings like this.

EDIT: To elaborate a bit more about what I mean, let's for the moment assume that this ruling remains standing, and more than that, gets applied nationally (apparantly a ruling in a different district disagreed with this ruling, so the issue isn't fully settled just yet. But assume it is.)

That would mean that if one community, anywhere in the country, were to find, say, Elfen Lied obscene... guess what, it becomes illegal, even if 99% of the country doesn't find it obscene.

Now, I doubt something like Elfen Lied would be ever actually found obscene, but a lot of Hentai out there might be affected by this.


Last edited by Mad_Scientist on Thu Feb 11, 2010 1:01 am; edited 4 times in total
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Megiddo



Joined: 24 Aug 2005
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PostPosted: Thu Feb 11, 2010 12:57 am Reply with quote
Mad_Scientist wrote:
Megiddo wrote:


Tampa Bay Online wrote:

The videos featured scenes of vomiting and urination, depicting women being forced to ingest various bodily fluids.


This is what I don't see has to do with anime. These things depict actual women being FORCED to do this crap. It's completely different.


Irrelevant. This ruling applies to all content. That's the nature of rulings like this.

I guess those who are distributing loli-hentai via the net better be careful.
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jyuichi



Joined: 26 Jun 2009
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PostPosted: Thu Feb 11, 2010 1:03 am Reply with quote
Megiddo wrote:

No, I just read the sources as well to get more information.


Exactly, you didn't read it on ANN. Knowing it was about actual pornography you chose to read an outside site. Separate from ANN's article.

Quote:

This is what I don't see has to do with anime. These things depict actual women being FORCED to do this crap. It's completely different.


Forced isn't the best word here, they ACTED forced. They were paid to preform these acts. It's their job. If they were actually forced this would be an entirely different issue.

The main issue of the ruling is how the Court could put a CA man into jail for not conforming to FL law. As anime and even manga move towards online distribution letting any given community punish others on any material possibly assessable in their community is ridiculous. Imagine sites starting to geoblock not only by country but by state or even county? This is a bad precedent.
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Crystalyn
ANN Managing Editor


Joined: 16 Oct 2009
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PostPosted: Thu Feb 11, 2010 1:18 am Reply with quote
Megiddo wrote:
I strain to see how this is related to anime...


My apologies for not pointing out more clearly in the article how this is relevant to anime and manga. I'll give two quick examples:

Take, for example, the Handley case, where a man is soon to be sentenced for violating obscenity laws for manga he purchased depicting children engaging in sexual acts. Say Handley lived in an area affected by this ruling, and he bought his "obscene" manga from a vendor in New York. Even if, by New York standards, his purchase did not violate obscenity laws, because it is considered "obscene" in Handley's area, the New York vendor could be put on trial for a crime.

Or, say, a woman living in Massachusetts creates an explicit doujinshi of her favorite manga, and sells it on e-bay to someone in Orlando. Because the "community" in Orlando sees this material as obscene even if a similar "community" in the artist's state does not, the doujinshi artist can be dragged to Orlando and put on trial.

I hope this clears things up a bit.


Last edited by Crystalyn on Thu Feb 11, 2010 1:20 am; edited 1 time in total
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Shay Guy



Joined: 03 Jul 2009
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PostPosted: Thu Feb 11, 2010 1:19 am Reply with quote
1th?

Thing is, the "natural" state for online distribution is global. Somewhere, there is a community that considers Gurren Lagann (episode 6), Strike Witches (!pants), Hayate the Combat Butler (crossdressing), Kino's Journey (cannibalism) to be obscene. What if you don't even know the community exists?
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Haterater



Joined: 30 Apr 2006
Posts: 1728
PostPosted: Thu Feb 11, 2010 1:38 am Reply with quote
Quote:
The main issue of the ruling is how the Court could put a CA man into jail for not conforming to FL law. As anime and even manga move towards online distribution letting any given community punish others on any material possibly assessable in their community is ridiculous. Imagine sites starting to geoblock not only by country but by state or even county? This is a bad precedent.


And this is what scares me. This will cut advances in how people get to view things from around the world tremendously. I would hate for the internet to become more like TV.
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