Re: Bug#283578: ITP: hot-babe -- erotic graphical system activity monitor
On Thu, 02 Dec 2004 02:35:39 -0600, Ron Johnson <ron.l.johnson@cox.net> said:
> On Wed, 2004-12-01 at 15:23 -0600, Manoj Srivastava wrote:
>> On Tue, 30 Nov 2004 02:08:59 -0600, Joe Wreschnig
>> <piman@debian.org> said:
>>
>> > However, pornography causes significant legal problems in the US,
>> > and probably moreso in many other countries. If I give a Debian
>> > CD containing this software to a minor, am I distributing
>> > pornography?
>>
>> Hmm. I see pictures of nudes by Raphael in some of the national
>> geographic magazines -- and there is nudity in the pictures of the
>> sistine chapel. The old testament of the bible talks about various
>> and sundry unsavoury things, and yet it is given to children even
>> in churches.
>>
>> Let us not get hysterical here.
> Ok, let's look at case law:
> http://www.lectlaw.com/def2/o002.htm
> http://www.moralityinmedia.org/index.htm?obscenityEnforcement/obscporn.htm
> "That a reasonable person would find that the work, taken as a
> whole, lacks serious literary, artistic, political and scientific
> value." "Examples of 'hardcore sexual conduct' that an obscenity
> law
> could include for regulation under the second prong of the test
> are patently offensive representations or descriptions of:
> - Ultimate sexual acts, normal or perverted, actual or simulated
> - Masturbation, lewd exhibition of the genitals, excretory
> functions, and sadomasochistic abuse."
> Note the "lewd exhibition of the genitals".
The critical term is lewd. Artistic display of the genitals is
fine.
> Thus, neither the Raphaels nor the Sistine Chapel would be consid-
> ered nudes by any jurisdiction in the country.
Why, because the display of the genitals is not lewd?
> But the nudy cartoons would, especially in the hand of a minor.
As far as I know, we are not selling to minors. There are
tings in Debian already that may not be suitable material for minors
in the first place.
manoj
--
"There are two means of refuge from the miseries of life: music and
cats." Albert Schweitzer
Manoj Srivastava <srivasta@debian.org> <http://www.debian.org/%7Esrivasta/>
1024D/BF24424C print 4966 F272 D093 B493 410B 924B 21BA DABB BF24 424C
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