On Thu, 02 Dec 2004 02:35:39 -0600, Ron Johnson <[EMAIL PROTECTED]> said:
> On Wed, 2004-12-01 at 15:23 -0600, Manoj Srivastava wrote: >> On Tue, 30 Nov 2004 02:08:59 -0600, Joe Wreschnig >> <[EMAIL PROTECTED]> 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 <[EMAIL PROTECTED]> <http://www.debian.org/%7Esrivasta/> 1024D/BF24424C print 4966 F272 D093 B493 410B 924B 21BA DABB BF24 424C
