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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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