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Aug. 5th, 2007 10:27 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
drewkittyI am watching with some bemusement as Six Apart establishes for itself a highly untenable position in both law and public relations. Ineffective censorship sacrifices important legal protections and carries with it the burden of being effective -- plus angering your so-called community.
The law is clear. If you want to portray someone else's characters in sexual situations, you'd better RUN, not walk, to the legal definitions of "parody" and become very, very familiar with them. So if you want to show Snape and Dumbledore in a threesome with Harry's mother, it's not enough for it to be "HAWT" . . . it needs to do a good job of social commentary on the Harry Potter books. The very lack of sex in the series cries out for parody, in my arrogant opinion. Just do it right.
The law is even more clear on the subject of portrayals of minors engaged in sexual situations. In static text, a 1st Amendment right may or may not exist . . . but in text chat, graphics or video, not only do you NOT have a right to such portrayals, but you risk criminal prosecution under our felony child pornography laws.
Harry Potter is a minor under US law. Never mind that he's been in the kind of close combat that is unusually likely to trigger PTSD and flashbacks. If you write the phrase "Potter's cock cried out for attention" you'd better be talking about a clay-worker's rooster just at dawn.
I remain bemused by the case of the sixteen year old girl who took pictures of herself in bed with her seventeen year old boyfriend . . . and was convicted on child pornography charges. Article | comments on topix.net
I am also concerned about this case, where poses that are shown constantly in such publications as Seventeen and Teen Cosmo are now being criminally prosecuted.
Our Draconian laws have slipped far behind the social reality and far, far behind our technology. I can't speak for everyone else, but I didn't discover that I had genitals on the day I turned eighteen.
I was going to write a dissertation touching on some of these issues, but I was frostily informed that the Internet was not relevant to discussions of social deviance, and that pursuing such research would be a dead end. Now I'm kind of glad I didn't, because writing for academia is a form of intellectual masturbation . . . except that after self-abuse, one has something to show for it.
I'd also like to wave a cheery "hi" to the Six Apart abuse team member / employee who hits this post due to keyword searches. Be aware, your participation in Six Apart censorship puts you at risk of personal liability for being sued. Cheers.
The law is clear. If you want to portray someone else's characters in sexual situations, you'd better RUN, not walk, to the legal definitions of "parody" and become very, very familiar with them. So if you want to show Snape and Dumbledore in a threesome with Harry's mother, it's not enough for it to be "HAWT" . . . it needs to do a good job of social commentary on the Harry Potter books. The very lack of sex in the series cries out for parody, in my arrogant opinion. Just do it right.
The law is even more clear on the subject of portrayals of minors engaged in sexual situations. In static text, a 1st Amendment right may or may not exist . . . but in text chat, graphics or video, not only do you NOT have a right to such portrayals, but you risk criminal prosecution under our felony child pornography laws.
Harry Potter is a minor under US law. Never mind that he's been in the kind of close combat that is unusually likely to trigger PTSD and flashbacks. If you write the phrase "Potter's cock cried out for attention" you'd better be talking about a clay-worker's rooster just at dawn.
I remain bemused by the case of the sixteen year old girl who took pictures of herself in bed with her seventeen year old boyfriend . . . and was convicted on child pornography charges. Article | comments on topix.net
I am also concerned about this case, where poses that are shown constantly in such publications as Seventeen and Teen Cosmo are now being criminally prosecuted.
Our Draconian laws have slipped far behind the social reality and far, far behind our technology. I can't speak for everyone else, but I didn't discover that I had genitals on the day I turned eighteen.
I was going to write a dissertation touching on some of these issues, but I was frostily informed that the Internet was not relevant to discussions of social deviance, and that pursuing such research would be a dead end. Now I'm kind of glad I didn't, because writing for academia is a form of intellectual masturbation . . . except that after self-abuse, one has something to show for it.
I'd also like to wave a cheery "hi" to the Six Apart abuse team member / employee who hits this post due to keyword searches. Be aware, your participation in Six Apart censorship puts you at risk of personal liability for being sued. Cheers.
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no subject
Date: 2007-08-06 05:48 am (UTC)There was a recent article about an unrelated case of a 15 year old boy who had taken pictures of girls his age on his camera. The report featured two law enforcement spokespeople at the mic giving a press conference where the woman said (and I'm paraphrasing): "We live in a dangerous world where our kids are coming under attack from predators at all angles, and whether they are adults or kids themselves, we need to raise awareness to this issue."
Essentially, in that one stroke, she painted a boy taking a sexy picture of someone his age as a predatory action. He is now a predator for finding someone his age sexy.
Another case is still underway of a 12 and 13 year old who had sex with each other in Utah where both parties are being labelled as both victim and predator under the current law. The law states that having sex with anyone under the age of 14 is a felony, regardless of how old the "perpetrator" is. I wonder how they would handle masturbation.
Another case which made the frontpage of CNN of a 17 year old boy who had oral sex with a 15 year old and is currently serving 10 years in state prison is another poser. The two were at a party and the boy was going down on a willing girl and the act was videotaped. The case was open and therefore by Georgia law, all documents, including the videotape which was deemed as child pornography must be made available to anyone who requests it. Officials are flipping head over heels, saying that "we must protect our children from the DA" and change the law to make sure that such materials are kept out of view.
There's so many of these cases to choose from. It seems that it's happening every day. If it weren't so politically incorrect to joke about this stuff in public, one could imagine Jon Stewart having a field day making a career out of the material comparable to Chris Hansen.
It's a shame you didn't write your dissertation on the subject. I would've loved to have read it.