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29_BLEACHPIXXX-Spotlight ( Riruka Dokugamine )
someone:
That section sounds more harsh than it actually is. It also says that only one person in America has ever been convicted of only hentai lolicon and not real CP. But the law does raise some questions. 1) What is a minor if no age is defined? And 2) What defines serious literary, artistic, political or scientific value? One can easily argue all of an artist's work has serious artistic value and one can easily argue that a certain character is indeed not a minor even if some people think he/she may look like it.
But again, this is where it's written bad. The section I first discussed contradicts the section you showed me. One section includes drawings, one excludes them. They mention nothing about parodies of characters either, whether or not they count. Either way, there are people that will still continue to do it (like Palcomix) because there isn't much to fear, and there are people that will turn against it, giving in to the little fear there is.
In the end, all you need is a good lawyer and you're set. Though lawyers are obviously expensive and nobody wants to get put in that position in the first place. Anyway, enough on this subject, let's just enjoy what Ellery is working hard to give us.
29_BLEACHPIXXX-Spotlight ( Riruka Dokugamine )
HentaiKey:
read this on usa
http://en.wikipedia.org/wiki/Legal_status_of_cartoon_pornography_depicting_minors
specialy this part
In response to Ashcroft v. Free Speech Coalition, Congress passed the PROTECT Act of 2003 (also dubbed the Amber Alert Law) and it was signed into law on April 30, 2003 by then president George W. Bush.[50] The law enacted 18 U.S.C. § 1466A, which criminalizes material that has "a visual depiction of any kind, including a drawing, cartoon, sculpture or painting", that "depicts a minor engaging in sexually explicit conduct and is "obscene" or "depicts an image that is, or appears to be, of a minor engaging in ... sexual intercourse ... and lacks serious literary, artistic, political, or scientific value".
29_BLEACHPIXXX-Spotlight ( Riruka Dokugamine )
someone:
The answers are right here.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00002256----000-.html
Read closely, especially at sections 8, 9, and 11. Section 11 specifically says that "This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults." It only applies to someone "indistinguishable of an actual minor". And obviously, anime characters are not actual minors, they are drawings.
As far as I know, only a few people have actually been jailed for loli hentai, and it is usually due to possession or distribution of large quantities of it (usually doujins). The problem is that a majority of this country is very much against it, and most judges/juries will be happy to throw people in jail for it if it doesn't pass the Miller test. They can decide that it is "depicting actual minors" because of their ignorance.
The law was not written very well, and that is why there is so much confusion over it. Sadly, it doesn't really matter what we say because HentaiKey and many other companies have taken the safe route and decided to ban it. Can't blame them, either. Nobody wants to constantly worry whether or not the law is gonna go after them. All I ask is that the artists try and make each character as close to the original as possible, without crossing the line.