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Nele Noppe

Thought Police Can't Protect Real Children - 0 views

www.translativearts.com/thoughtpolice2010ej.html

non-academic manga anime sexual_content children law censorship crime games phd

shared by Nele Noppe on 08 Apr 10 - Cached
  • would have established the catagory of "nonexistent youth"
  • The banning of fictional depictions of child abuse would likely be as meaningless as the banning of fictional depictions of car chasing with the aim toward reducing motor vehicle accidents in real life.
  • If content alone was the issue, war footage and horror films should be banned as well.
  • ...15 more annotations...
  • Content in itself is not the issue--Child pornography has been outlawed because the methods involved in production involve real children in possibly abusive circumstances. How the material was produced is what makes it criminal, not what impression it conveys on the audience. 
  • Child pornography involving real children being sexually abused is horrid beyond words. For that very reason, I find it reprehensible to mix together such acts of human misery and suffering with illusionary fantasy that exists only in the author's imagination. Widening the definition of child pornography to include fictional material belittles the gravity of real sex abuse.
  • Many convicted criminals also cite the Bible as their inspiration of conducting astonishingly savage acts, and yet few would attribute the Bible as the root cause of such criminal behavior. Why?--Because free societies accept the principle that people are responsible for their own actions.
  • It is very dangerous to restrict the actions and rights of citizens based on the principle that some limited number of individuals may act irresponsibly. This is the equivalent of removing knives from the household kitchen because someone used a meat cleaver to commit a crime. Again, this logic is unbelievably reckless as well.
  • Furthermore, crime statistics published by the Japanese police themselves show no causality between the proliferation of erotic material and sex crimes. The crime rate has dramatically decreased since WW2 while the availability of erotica and violent fictional entertainment has risen by leaps and bounds during the same period.
  • It is easily imaginable that an endless cycle of accusations and denials will unfold regarding establishing the "true age" of fictional characters. Authors and publishers will more than likely attempt to proclaim that the characters look young, but they are actually above the age of 18. Physical attributes vary between widely depending on race and ethnicity, not to mention fictional non-human characters.
  • Publishers and authors are extremely proficient in adapting toward new regulations. If graphical depictions are banned, then abstract or comedic depictions will increase.
  • Either an ever increasing set of symbols will be deemed to be inappropriate to be linked to a core human attribute--human sexuality--or the futility of the ban will lead the law to become impotent over all.
  • Even today, numerous adult manga publications have self censorship standards that are mind-boggling. Authors have complained about how some editors have insisted on having all female characters appearing in their works be endowed with large breasts because drawing women as they appear more like in real life was deemed "too childish looking." 
  • Banning the fictional depictions of minors involved in sexual situations will make a fundamental core human attribute taboo.
  • Such a ban will stifle creativity and impoverish the cultural landscape.
  • The value attributed to works of literature and art change over time. The works of modern art and literature from the last two centuries are filled with examples where they were deemed to be vile, corruptive trash by contemporary authorities, but now these same works enjoy high status as priceless cultural treasures.
  • A culture grows richer through addition, not by subtraction.
  • A ban on fictional depictions of minor engaged in sexual situations has the very real potential to brand individuals as sex offenders even though they have had no sexual contact with real people. I believe there could be no legal justification for destroying people's lives simple because they drew doodles on paper, but the proposed ban would create such a legal precedence. 
  • I am absolutely certain that history will not look back kindly upon such a ban, and it will join a long list of colossal failures of regulatory policy, such as the prohibition of alcohol in the US between 1920 to 1933, various sodomy laws, the comic book code, and bans on socialist literature in Japan during the prewar era. It is important to note that all these failed moral crusades were led by virtuous and diligent individuals intent on making the world a better place. 
Nele Noppe

How Copyright Lobbyists Are Making The Child Porn Problem Worse | Techdirt - 0 views

www.techdirt.com/...child-porn-problem-worse.shtml

censorship copyright children pornography net_filtering law crime

shared by Nele Noppe on 13 Jul 11 - No Cached
  • Nele Noppe on 13 Jul 11
     
    But more emotionally, we turn to a German group named Mogis. It is a support group for adult people who were abused as children, and is the only one of its kind. They are very outspoken and adamant on the issue of censoring child pornography. Censorship hides the problem and causes more children to be abused, they say. Don't close your eyes, but see reality and act on it. As hard as it is to force oneself to be confronted emotionally with this statement, it is rationally understandable that a problem can't be addressed by hiding it. One of their slogans is "Crimes should be punished and not hidden". This puts the copyright industry's efforts in perspective. In this context they don't care in the slightest about children, only about their control over distribution channels. If you ever thought you knew cynical, this takes it to a whole new level. The conclusion is as unpleasant as it is inevitable. The copyright industry lobby is actively trying to hide egregious crimes against children, obviously not because they care about the children, but because the resulting censorship mechanism can be a benefit to their business if they manage to broaden the censorship in the next stage. All this in defense of their lucrative monopoly that starves the public of culture.
Nele Noppe

Why PROTECT IP Will Fail: Cultural Acceptance, Not Fear Of Punishment, Makes People Abi... - 0 views

www.techdirt.com/...-makes-people-abide-laws.shtml

censorship copyright cultural_acceptance law crime internet united_states

shared by Nele Noppe on 13 Jul 11 - No Cached
  • Nele Noppe on 13 Jul 11
     
    This new proposed law is a terrible way to try to solve [infringement]. Its passage would only drive the culture further yet from any respect for the rule of law as it applies to intellectual property. But if Big IP hasn't figured out yet that it is cultural acceptance of legal norms, not fear of punishment, that makes a free society a law-abiding one -- if Big IP doesn't understand what the de facto attitude of consumers regarding copyright has already become, and where it is already going -- then heck, maybe at this point the law professors and the rest of us should just let Congress already go ahead and give them enough rope. This is the key point that many of us have been trying to drive home for years. It's the same key point that the SSRC report made in pointing out that "enforcement" and "education" are simply not strategies that work. And that wasn't based on theory. It was based on years and years of detailed research. And yet, to the industry and to the government there seems to be only one single tool in the box for dealing with the challenges of infringement: to scare people. But that only works if people are stupid. And we now have plenty of experience in recognizing that people don't culturally accept the claims of the industry on this issue, and no amount of threats and punishment are likely to change that.
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