rant: undearge erotica?

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rant: undearge erotica?

Postby mondu_the_fat » Tue May 25, 2010 5:25 am

Apparently, DA has decided some of my artwork was "underage erotica" and promptly deleted them.

Underage erotica? My artwork as underage erotica? Christ, I'm as GP/PG-13 as you can get.
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Re: rant: undearge erotica?

Postby Crescent Pulsar R » Tue May 25, 2010 6:16 am

Is that basically saying "child pornography?" I can't say that I've seen much of your work, aside from a 3D model or two, but I seriously doubt that you'd make something like that. I'm thinking that they're just jumpy when it comes to the combination of youth and the modicum of realism rendered by 3D models. You know, the whole "can't be too safe" kind of behavior.
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Re: rant: undearge erotica?

Postby frice2000 » Tue May 25, 2010 9:57 am

The US is starting to come down hard on this. A lot of manga is being banned that has high schoolers with fan service and the like. A couple people have been recently arrested and prosecuted for importing underage yuri manga under child pornography laws. Basically the future of this type of litigation seems to be the out and out banning of graphic or semi-graphic or implied descriptions or depictions of sexual interactions of people under 18. This quite honestly means that for example something like The Return available here could be considered child pornography too. There's a whole political movement to have any depiction of that type of material totally censured. The best part is if you're against it they spin it that you're a pedophile. I don't know what you had up but if it involved high schoolers or younger well there you go that's the brave new world we are entering. This was a year ago but don't think it will be the last. With the increasing desire to pull for total government regulation of the Internet it would not surprise me for there to suddenly be many many more of these sorts of cases. Consider some of what you've read, looked at, and written or drawn recently? Could that be considered child porn? Should you be worried about getting arrested? Maybe you should. Scary isn't it?
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Re: rant: undearge erotica?

Postby Spokavriel » Tue May 25, 2010 12:13 pm

Welcome to the censorship that has been neutering creativity in USA for the last decade and a half minimum.

I haven't seen anything that was even soft core about your renderings but I also have not seen all your renderings.

I'm not sure if they would provide enough bandwidth nor storage space but with the way these sites are going brain dead it might be the only way to share fan anything sooner than later.
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Re: rant: undearge erotica?

Postby Comartemis » Tue May 25, 2010 9:55 pm

Your scare tactics make me ROFL, frice.

US law very clearly states that manga is not child pornography, and the guy whose case you linked to was convicted because he pleaded guilty when he shouldn't have. Specifically, title 18 part 1 chapter 110 provides a very clear definition of child porn:

(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Note the use of the word "indistinguishable" in section B. Now look at point 11 a bit farther down the page.

(11) the term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.

There it is in plain black-and-white language for everyone to see; manga does not fit the definition of child porn unless the participants are so realistically drawn as to be indistinguishable from real children (Someone give me a call when THAT happens so I'll know hell's frozen over). This might not help Mondu stop web admins from freaking out and deleting anything that even remotely resembles a naked kid, but if the Feds kick the door in and run off with your computer, you've got a rock-solid defense for the courtroom (just keep those torrents hidden!).
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