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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

> 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.

"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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