Showing posts with label doujinshi. Show all posts
Showing posts with label doujinshi. Show all posts

Thursday, June 3, 2021

Exploiting the Unexploitable: Multinational Anti-anime policy, in the Public and Private Sectors.

A Moral Panic from the generation that isn't supposed to have Moral Panics:

Don't fuck with her sales volume... she doesn't like it.

 Contains mild potentially NSFW images. No nudity.


In a number of seemingly sudden developments across online retailers, payment services, and content streaming platforms, anime and manga have once again become a target of socially conservative scorn, hatred, and calls for prohibition.  This time however, the calls (well, some of them) are coming from inside-the-house as well.  Fans are having reactionary meltdowns over a portrayal of something that is not explicitly defined, and believing that in lacking such explicit definitions of "acceptable" it is therefore de-facto "unacceptable."  Rarely is such reasoning sound, and rarely does the reality of things bear such arguments out as valid, yet they continue to be emphatically vocalized.  We will most assuredly be covering this entire mess. 

It is important to note (because I'm special!), that this particular outlet has regularly mentioned for over a decade, the dangers of a Galapagos Effect between anime + manga, and the international audiences which find them appealing to the point where such Intellectual Properties are monetizable licenses.  People want it, they buy it.  When socio-cultural sensibilities and overall tastes shift away from such congruence, the international market for such things constricts and shrinks, people don't want it, they don't buy it. So there can be a point where something with a popular market, ceases to be viable at all, and no longer in-demand.  Since the 2009 case of Margret Barbaree losing her shit in Florida oh many years ago, to the Canadian Crown Prosecution of both Ryan Matheson and Eli Langer (cases are unrelated to each other) -- all the way up to recent events such as the New Zealand banning of Puni Puni Poemi and High School DXD, and Australian Senator Stirling Griff managing to ban pretty much everything anime/manga/game going to the country of Fire Kuala Spider Island Colony (aka Australia), and Amazon and eBay not allowing the sale of things like Hatsune Miku or Yaoi manga, anime, games, collectables, and other works are now targeted by both public and private sector forces capable of gargantuan exertions of power over millions of people.

So What's Going On?
In March 2020, Amazon started taking down any listing of Hatsune Miku figures.  This bazillion dollar property was all of a sudden the target of allegations that the design of Hatsune Miku somehow was sexual child exploitation.  ...yeah.  This seems to have been the final crack in the dam of reason, holding back conservative anti-anime sentiments that had finally been silenced in the late 1990s, with the acceptance of many titles, and a boomer-culture that had wondered off to go fight against marriage equality.  But that dam has been targeted once again, and has now broken to release the puritanical anti sexy-time crowd to influence the environment, the market, and the industry itself.  Large retailers like eBay and Amazon have increasingly denied access on their platform to a disproportionately large amount of content and merchandise, from hentai doujinshi, to One Piece figures, in the name of "protecting children."  Yeah, where have we heard that one before, and that time too... oh lets not forget the time when "the children" was an excuse to oppose interracial marriage. 

So the reason for this new prohibition, is that these items are forms of "child exploitation" and will not be sold.  It has been covered previously that a drawing of a thing is not actually proof of that thing actually happening, and a bit more on that later, but the fact that Amazon of all places, is removing statues of fictional characters which are described to be robots, because of a maybe-standard that only applies in select jurisdictions around the world. 

Amazon has made so much money from the exploitation and harm of children, that a bald divorced man in a midlife crisis is trying to build a vacation home on Mars before an apartheid money trust-fund baby beats him to it.

eBay, the old charmer, has gone from the anything-goes days of 1997, to suspending accounts for Hentai doujin many many years ago, then back to allowing that kind of thing, now back to prohibiting it.  Again, it comes from pressure out of certain jurisdictions regarding "adult material" and the depictions thereof.  While Gizmodo reports that this ban "does not effect Australia" such a statement is a bit misleading; in that this content was already thoroughly banned by Australian law when this new corporate policy went into effect, so ...yeah no changes in Australia.  But what goes for Australia now goes for the world because eBay doesn't want any of its employees in Sydney to get arrested for trafficking child porn as cartoons or some nonsense.  Again, back to an earlier point I was making, when these properties are treated as criminal in one English Speaking jurisdiction, it actually devalues any potential license for any English speaking region, even where such a property violates no laws.  Rather than map out that mine-field, it's cheaper to just do things the most socially conservative way knowing that there is no room for error if you follow that road.  These companies are publicly traded and so they're going to minimize costs at the expense of long term viability every single time (aka the Jack Welch method).  So we can still blame Australia for this one, and lets not forget this is the same country that tried to ban all porn featuring any women with small breasts because it apparently was too close to an undeveloped human child in appearance...?  Sorry a-cup, no nekkid time for you!  We can throw a little Canada in there too since "drawn porn" gets treated the same as real photographic porn.

Better to error on the side of the least amount of work. 
So say the Shareholders, so say we all.


It isn't only retailers. merchant account banking and financial transaction companies are deciding the if you still want to buy that stuff, you won't be using their private sector methods of transferring fiat currency to do it, even though there is often zero alternative in many cases.  PayPal, Maestro, Citi, Visa, (Patreon and even Venmo) are all considering the cost of monitoring transactions for which laws they may break in which jurisdictions and saying "fuck it" by picking the strictest standard and just adhering to that for everything because it's the cheapest option. This is a very close parallel to the Comstock Laws of a century ago, where a select few with powerful interests and a hatred of nudity (mostly instilled by a misogynist hatred of women), used the power they had at their control, to limit and destroy works that other citizens wanted to access.  From Renaissance art, to Medical Textbooks, the Committee for Vice and Virtue went around destroying anything that offended their own specific set of sensibilities, and criminally prosecuting whoever they felt like from the Office of the Postmaster General (see, DeJoy is not DeFirst time DePostmaster has caused DeTrouble for DePeople of America). 


Order something that I morally object to with your own money?
Not on MY watch!

 
In the USA, even things like FOSTA, are rammed through on waves of popular support before any beta testing, and the result is something like what happens to dolphins in tuna nets.  It works to stop the thing it was meant to stop, but also causes severe damage to so much else.  Reductio ad absudum; it would be like if American food companies all of a sudden started following Saudi laws about what they could and could not sell as food because they have business interests there and setting up 2 sets of logistics takes money away from profits and stock values.  Then before anyone can say anything  -poof!-  there goes bacon, beer, and penne ala vodka, giant margaritas, from every grocery store and most restaurants.  No it's not illegal in the USA so you're more than free to buy your own livestock, raise it, slaughter it, and then cure your own bacon, or make your own pepperoni, so you can't really call it a ban, they're a private company that can act as they see fit, right?  Yeah, the standard concept vs reality dodge. Actions having defacto results are still harmful even if they don't meet rigid definitions. Remember this bacon example, we'll come back to it.  

No, not like that you furry pervs.


The Texas Effect

So with some places able to literally bring criminal actions against a company and its workers/executives should what they deem is legal or not, the error to make is on the side of profitability caution.  This is similar to the Texas Effect.  Ever wonder why high school textbooks in the smart states still have that retardulatastic disclaimer about evolutionary science being "just a theory" and how the American Civil War was about "states rights" and some abstract lost-cause nonsense?  It's because Texas (ok there's way more to it than that but we're gonna skip it). The Texas board of Education is so large that any rule they set for textbooks (no matter how dumb) is adopted by almost every publisher out there, because publishers are for-profit companies that want to sell as many units as possible.  So rather than do separate runs for each U.S. State, they do what Texas wants and other school districts can like it or go fuck themselves.  Large states like California and New York can force changes by taking their business elsewhere, but if you're a small entity (hi Nebraska), you might have limited choices.  Digital copies and the ease of printing have recently lessened this exact thing, but the basic mechanism is that.

Such are those mechanics of these new developments.  Very few of these companies are refusing to facilitate payments or sell products because some ancient boomer is sitting there staunchly enforcing conservative moral values while insisting that their own 3rd divorce was totally necessary.  These developments are happening because that same boomer is sitting there saying how can we make the most money while doing the least work. And so it is, that a vocal few, in feverish zealotry have taken to the prohibition and destruction of all things manga anime, as they associate it with a medium that is exclusively for young children (mostly because of the fraudulent research of Fredric Wertham and the hate-mongering of Estes Kefauver), so if children are the audience, therefore the assumption is that the characters are meant to be children as well...?  Which makes no sense.  The argument that because these characters have no way to explicitly define their age, so therefore the possibility exists that they are under the legal age of whatever it is in a particular jurisdiction to have a statue with their undies visible or a swimmie-suit calendar, is ridiculous, but fervently believed by those who have influence or at the very lease an obnoxious visibility.

The result is a system of content policing meant to be applied to real people in the real world, being applied to art which involves no actual people as the subject of it.  It  may qualify as pornographic, but as no character can be considered to have a legally established age, because (sad as it may be for your waifu/husbando/tree) they are not sentient beings with their own agency, or legal identity.

Is this even porn, let alone child exploitation?  You can't really see anything happening, there's mosaic pixelation, but it's implied that there is much of sex-having going on with humping and so on and so forth.

What if... Hmm, Lets add some text context which contains explicit values:


4 Dimensions: Width, Height, Depth, Time.

Ok those words have explicit definitive value.  So that makes it ok?
But then what if we do something like...


...What about now?  See how stupid those lines of absolutism are when applied with blind indifference?

Based on a true story. ...I wasn't the 22 year old. (This statement is not legal admission of me being the 16 year old either and can not be taken as such in any jurisdiction).


Simple Depiction is not Legally Actionable:
The above concept applies to the USA, whereas in other countries even a drawing is treated exactly the same of actual video of such an event by the judiciary...  which is a misapplication to say the least (looking at you Canada).   So many countries have different laws that if you tried to apply them all to a single way of conducting business.  So if bacon, pork products, or objects made from pig leather like American Footballs, are banned in Kuwait, it's up to that jurisdiction to deal with it, and Amazon isn't going to pull such products from their site.  Yet here we are with this insanity about "illegal images."

The possession of these images is considered criminal in many countries, including Canada, EU, Australia, anything that ends in -Stan, Russia, Thailand, India, Turkey, China, and many others... so congrats, you have them on a hard drive now and you're a criminal there.

Here Comes the Hard Part...
Ya take the good, ya take the bad, but you can't ignore the ugly.  So to first set some definitions, there are works of drawn comic/manga art that exist which depict explicit sexual activity between children incapable of what is generally thought of as consent, and adults, children and other children, and children and animals/aliens/magical beings/inanimate objects/and sentient masses of pure energy/deviant vending machine.  Loli-con does exist.  They are gross icky deceptions of pedophilia sex.  However, what they are not, are evidence of a crime, said crime being child exploitation, rape, or sexual abuse.  Real video or photographic imagery of such a thing, is evidence of an actual crime, possessing, trading, selling, or otherwise proliferating it makes that person guilty of being an accessory to that crime. That's why such things are treated as criminal.  But a crime can't be fictional.  So for USA 1st Amendment reasons, they are protected from criminal liability.

So the grey area manifests here.  These items are fictional depictions of child exploitation, much like Texas Chainsaw Massacre is full of fictional depictions of murder, or Clockwork Orange is a fictional portrayal of sexual assaults.  They are all equally short of the standard to be criminal in both the jurisdiction they were produced in, as well as some they may be sold in.  Does that mean loli-con isn't CP?  Well no, it totally is as far as taxonomy is concerned.  It also however, does not meet the standard for criminal prosecution in the United States, there have already been supreme court rulings about that. It's just something that is gross. But now sets in the Moral Panic social creep effect, even within the fandom, labeling everything in which a character is not explicitly listed as having a certain age (and ages of consent being different across Interstate and International jurisdictions) means that what is considered just socially inappropriate is treated as felonious.  A real 21 year old being sexually active with a real 17 year old is not illegal in the USA except for in the states of California (no exceptions for close-in-age), Florida (you wouldn't think), Oregon, Vermont, Delaware, West Virginia (cousins and livestock included), Tennessee, Arkansas, and Utah (I think Utah is actually trying to ban sex all together).  That means if our hypothetical non-gender-orientation-unspecified couple cross State Line Street in South Fulton Tennessee, they can find a place and do all the legal fucking they want in Fulton Kentucky... but cross back and at least one (sometimes both) can get arrested as total pedo rapist sex offenders. 

So as far as age differential goes, even in the real world, let alone a fictional setting of planet whatever or isekai universe B, there needs to be an acknowledgement that there is a difference between the terms "illegal" and "inappropriate."  Yet too many arguments and vitriolic assaults against artists in countries around the world, claim a legality mechanism as the foundational objection, which is unsound.  What would be sound would be to call it a social mechanism.  And then it is inexorably weakened by the fact that being societal objection, the xenophobia and jingoism is thrown into sharp relief.  You just don't like it, and think it shouldn't exist.  Sorry, that's not how it works.


Where is this coming from?
This notion of the need to keep anyone under the age of 18 as an a-sexual being picked up momentum from the Reagan Era and the boomers.  A need to continue to infantalize younger generations so that they themselves would not have to psychologically accept that they were no longer the arbiters of cool, masters of trends, or spearheads of the culture of youth.  The need to arbitrarily raise the drinking age from 18 to 21 and keep that Twisted Sister music out of record stores was so necessary for them to maintain the illusionary head-canon that the 1970s were still relevant and they could continue to oppress younger generations without becoming "the man"  because they pushed back the starting line of adulthood far enough to keep calling them "kids" (something that boomers continue to do to 39 year olds in the workplace today, let alone 29 year olds).  Is it more than that these days?  I don't see how it can be... we've got Amazon.com pulling Hatsune Miku figures from their vendors because of this.  We have Mastercard, Visa, PayPal, and so on refusing to complete transactions to Patreon accounts of hentai artists because those services have decided that a customer can only spend their own money where those companies shall deem acceptable.  That's literally Anti-Trust stuff there.

But activity between two (or more) people is not what this is completely about.  People are real.  They are entities that exist in 4 dimensions: height, width, depth, and time.  A legally registered person at the age of 1 year is so different from the same legally registered after 65 years, that the actual atoms that make them up are almost 100% not the original ones.  Such is not the case for any fictional creation.  Let's further narrow that down to any fictional creation that is not portrayed by a legally recognized human being with a legally recognized explicit date of birth used to determine their age.  This is about characters that do not exist as entities.  Drawings, paintings, digital art, sculpture, weirdly shaped steam... whatever.  They have no agency.  They can not respond to stimuli or initiate any action what so ever. 

Therefore, the portrayal of their; murder, drug use, consensual sex, non-consensual sex, engaging in bestiality, animal cruelty, speeding, terrorism, tax-evasion, etc; is not actual evidence of any crime having been comitted.  Therefore such depictions are not criminal and should not be the subject or cause of criminal prosecution of a person.  No, Hatsune Miku, Sailor Jupiter, Kagome, Inu Yasha, Izuku Midoriya aren't "underage" because they are not real and have no legal birth-date.  But the fact that it reminds people that there is an age of consent (varied by jurisdiction), and that child exploitation does occur and is a crime, and a good dose of racial/cultural/anti-youth bias among the Red State crowd have put anime and manga back in the cross-hairs of their "social preservation" vitriol.  Don't let Beneath the Tangles fool you, this stuff is mostly straight out of the Million Mom Christian Crowd.  But Otaku knew that already, there's always been the uptight fuckwad brigade that stands against all things anime and will latch on to any possible notion in order to hurt, prohibit, or destroy it.


But Wait, There's More:
Side Note:
I once had a girlfriend who had Kallmann syndrome (some form of it).  She was years older than me, I was in undergrad, and she was getting a degree in veterinary medicine.  I ended up friend-zoning her for over a year because I am really bad at taking hints, but one day she was just like; ok, this is gonna happen, and I was all like... uh... sure, whatever works.  Whenever we drove, shopped, went out, or anything-ed together, I'd get looks, comments, and police called, because people thought I was a pedo.  I was just the only guy she had ever met who didn't fetishize her and I treated her like my regular senpai because she was in grad school and I was in undergrad, and that's why she wanted me as a fuck-buddy.  She would get furious when police would stop us and she'd whip out 4 kinds of ID that proved she was 27 and I was 21.  Relationships aren't all about looks.  She knew what she wanted and she got it.  But some people just can't handle something like that because it reminds them that the overall concepts of pedophelia, hebephilia, and ephebophilia (aka "grooming") exist, and that bothers them.  And they don't like being bothered so they appeal to authority to make their eyes not to see something that gives them zomg triggrz, and to do so at the expense of the freedom of others.

Case in point, the trial of Carlos Alfredo Simon-Timmerman, when US Customs and Border agents found in his possession, a copy of Little Lupe the Innocent on DVD in his possession.  He was arrested, indited, and literally put on trial for being in possession of actual child pornography.  The prosecution paraded "expert" after "expert" who testified in Federal Criminal Court that there was no way that Lupe Fuentes, star of the thing, was over 18, and HAD to have have been only between 13 and 14 years old.  How did they know?  Well they could just tell by looking at the video (over and over, these guys studied it hard).  The case was clear, this total perverted guy bought a porno featuring someone under the age of 18 and so he's obviously a pedo scumbag so put him on the chomo sex offender list and all that right?   Well, that's how anti-porn crusader and Federal Prosecutor Jenifer Yois Hernandez-Vega left her case... and then a very 23 year old Lupe Fuentes walked into the court room.  She called everyone an idiot and presented her age verification required to produce pornographic material under Code 18 U.S.C. Section 2257.  The judge had to order Federal Prosecutor Jenifer Yois Hernandez-Vega to drop all charges.  I can only imaging her argument against doing that was; simply "looking like" child porn should be sufficient to make it so, no matter how old the person in it actually is.  She kept this guy in jail for an extra month just because she could.  That mentality is now being applied to manga and other drawn representations of characters who do not exist and therefore can not be subject to 18 U.S.C. Section 2257.  And the worst part is, where some of those objections are coming from is just insane...

Pictured:  Someone who is 23, and not 13 years of age.


But Wait There's STILL More!  The LGBTQ+ Issue:

This hypersensitivity to ageism in sexual orientation has been a very destructive force for a great many people from the 80s to the 90s and beyond.  Are memories so short, that it has been forgotten there was a time when an age difference of something like 7 months was a thing used to mercilessly persecute same-sex couples and relationships not because a third party was worried about an age difference, but so thirsted for the ability to persecute any LGBTQ+ person by any means they possible could.  For example, the age of sexual consent in Virginia is 15, but sex is explicitly defined as a penis in a vagina, so literally anything else is considered a felony unless both/all parties involved are over 18.  I don't have to tell you how weaponized that still is as a tool to attack LGBTQ+ youth.  Rigid definitions are powerful weapons to groups intent on hurting others.  High school students labeled for life as "sex offender" because they had a lesbian relationship on their 18th birthday with someone who was 389 days younger than they were, has been a very real fate of many people.  Using that same logic to attack artists for far less than that action is misguided and reprehensible.  The state declaring all citizens under age "X" as default a-sexual, lest they commit a felony should they chose to consent to act in any orientation what soever, has been a weapon of oppression of young people and of the LGBTQ+ community.  What the fandom is doing when they adhere to such draconian standards in everything from licensed merchandise to obscure fanart, is empowering that mechanism in general, because it doesn't split hairs.  The new fans who think they discovered the internet are using a weapon of argument that they know little about, and are negligently unaware of its potential harm.  This means that:


The Calls Are Coming From Inside The House!
So now we have a social movement within fandom which is echoing the same nonsense.  Looking for any fictional indicators of the fictional age or a fictional character, to then argue that any depictions of what they consider nudity, serialization (which ranges from kissing, to judging the clothing fashion by their own internal standards, to just improper evaluations of physical features). That's not a great way to do it.  Sure there are some works that are unmistakable to any reasonable person, but others are not because age aside, the biological physical development of the person depicted has progressed far beyond that of a child.

Over the past few years, some of the most violent objections to certain artworks that may or may not depict sexually exploitative images or themes that never actually occurred in reality, have come from within fandom itself.  From vitriolic attacks and accusations of "pedophile" on artists for portraying suggestive sexual relationships between high school students aged 16-17 (because if Inu Yasha bangs Kagome she's totally under 18 dude!), to calls for criminal prosecution of anyone with Sailor Moon hentai because the sailor scouts are ...how old?  You gonna bust me for that hentai doujinshi I bought when I was 16 that has Sailor Jupiter doing some very energetic sex stuff? 

Case in point, this complete nonsense:


The account on the right actually reported that image and the game itself to the FBI... because, sure, they're gonna spring into action over that.  Yes these are obviously troll accounts who call literally everything "pedophile" no matter what, even characters with canonically established ages far exceeding what would be needed for actual porn, let alone just the appearance of a character.  But what is disturbing is the kinds of comments spoken in support of their blanket notions, and the blind following of fans that simply parade behind such notions of some sort of child abuse and pedophilia in situations which are clearly not pedophilic.  The acceptance of these arguments and the calls for action taken are straight out of the Q-anon playbook.  Just blind forceful rage at non-principles, ending up being directed at art and artists from other countries.  This is one of the hands swinging the hammer into the ever-growing wedge between Japanese artists and American fans.  The hypersensitivity to a bullshit conclusion and insistence on the following of a set standard in which they are the arbiters, is driving individual creators away. 


By supporting this kind of thinking, these fans are enabling some of the most violent, racist, xenophobic, and anti-LGBTQ+ organizations that exist.  They lend acceptance to the message of these groups, many of which have explicitly stated an intention to use violence and deadly force to further their goals to ban all pr0nz and will not think twice about KILLING those involved, including consenting performers of all genders.


Seriously, that's like applauding Aleph for their highway efforts in encouraging vegetarianism because you're that much of an animal rights advocate... never mind that whole Tokyo subway gas attack thingy.  Anti-porn movements stem from religious fundamentalism and anti-LGBTQ+ hate groups.

The initial waves of this kind of thing are only forming now, and it will be years before they hit shore here, then bounce off hit somewhere else, and come back to this side.  But they will have implications for business.  From license valuations, to accusations of censorship-in-anime, this is going to seriously impact anime and manga as a business.  And since it is a business, we'll see what stays; in business.

Reminds me of a song...

Yep, that one.

American Anime fandom might go full Q-Anon Pizza Gate insane...

 
Reverse 9th Amendment Triple Play:
The 9th Amendment basically says "if it isn't prohibited, it's allowed" and that's applicable to the government and what it can and can't stop people from doing.  We now have an end-run around that in the form of private enterprise deciding to disallow everything it does not explicitly approve of; which a company can do.  But like with private telecom taking and then selling user data, call logs, stored photos, travel activity, text messages, etc and simply selling them to government agencies in order to circumvent the 4th Amendment requiring a warrant to obtain such things, so have these behemoth companies become de-facto agents of what is deemed socially appropriate, regardless of legality.  It would be as if a car rental agency refused you certain types of cars based on your outfit, or if a restaurant refused your order after seating you because you "look like you could lose a few pounds and should just stick to the salad."  That's not a big deal because there are more than adequate competing entities that won't do that... but what if there weren't?  What if giant corporations like merchant banks, Amazon, Apple, Google/Alphabet, and ISPs were the only option because they had managed to put impenetrable barriers to entry in place for competing companies.

There is an immanent shift to crypto currency like dogecoin or someone's gonna make "H-Coin" "Ero-Doras" or "Hentai-Chedder" or "a$$Bucks" to be used to purchase items that the over zealous international Neo-Comstock trend will make both retailers and merchant accounts reluctant or refuse to deal with.  If anyone is doing that, I want in.

 

The future is tax exempt!

So, back to the Galapagos Effect many times before.  Where international sensibilities will move so far away from what is popular in anime, that international licensing of anime will become a losing gambit.  What it surprising, is how much the fandom has embraced these notions and is further driving a wedge in between Japanese anime, manga, pop-art, etc, and its very self with a fervent self-righteousness that has been seen in things like the D&D Moral Panic or the "video games cause school shootings" of Hillary Clinton in the 1990s.  Younger American audiences in particular seemed to have missed the memo that "ANIME IS NOT MADE FOR YOU!"  No, I'm not even saying that the artists and writers don't take international audiences into account sometimes (they do)... and perhaps I should say something more along the lines of "Anime is not financed for you."  Meaning that when someone in an office somewhere is figuring the net cost of capital and a possible return on a project (even an intangible one), international markets rarely are brought into those calculations, ratios, projections, regression analysessesses, whatever they're running on the spreadsheets.  It really doesn't happen much.  I know it causes cognitive dissonance and no one wants to think the energy they produce and show as fans has a null effect, but in said cases, it just does.  That's not to say you can't thoroughly enjoy it, but anime is made for its domestic audience, and you aren't in it unless you live in Japan.  When it comes to anime production taking North America into account, the subject almost never comes up in meetings unless the property is Pokemon or is a Video Game that is expected to be released internationally.  I know because I've been in these meetings.  The only other region that gets a seat at the table without having to ask for one is China, because the market there is simply too large to ignore and the threat of piracy for that region is tremendous. 

So the very idea of a different cultural set of emergent norms needing to be taken into account for a product that is not part of such things is enormously egotistical.  A fiction which has a character that has no demarcated age, being in a sexual situation (as many a high-school student has found themselves to be in) is not some sort of pedophilia-fest. It doesn't even meet the APA classification of pedophilia let alone the legal criteria for anything actionable in criminal prosecution.

Artists are going to have to add visual disclaimers to all their art, just to avoid these "true believers"and their harassment, regardless of if the art features nudity or does not.  In order to protect themselves from the hoard of reactionary internet morality-police which go around calling any image of a girl in a bikini with no established "sexualized child pron" it's going to take explicit levels of disclaimer.  Notice how the crowd that sees a Nagatoro in a bikini goes bezerk about it being "child prornography" but they don't say one fucking word about any drawings of Hanamichi Sakuragi chilling out in a tiny Speedo with exposed rock hard abs a serious bulge (Hanamichi Sakuragi happens to be the 16 year old main character of Slam Dunk, in case you didn't know).

Badges and watermarks like this one are going to unfortunately become commonplace in the face of the vitriolic slobbering harassment by the neo-Comstock pro-censorship fan movement, that artists will undoubtedly face more of in the future.  This is not the first time something like this has been used in general, but it is the first time such a need to do so has fallen on the actual artists and not a publisher /licensor.  Like when Central Park Media had to run an opening narration that said all the characters in La Blue Girl were totally College Sophmores, nevermind those uniforms...


Obligatory Boomer-Blaming:
Yep, gonna blame this one on boomers too.  They absolutely have to keep infantalizing and creating ageist separations with them at the top and everyone else at the bottom.  That's why for a boomer, the work "millennial" just means "anyone younger than me" and they don't care about the actual defining qualities or the fact that zoomers exist and someone who remembers using Geocities has a significantly different experience from someone who is all over Twitch.  Yet they've made age demarcation so indelible, extreme, and profound, that it continues in younger generations who have grown up knowing nothing but that.  Almost no one in anime fandom remembers when the boomers raised the alcohol age from 18 to 21 mostly "just because" and how arbitrary those lines were.  The boomers worked hard through ensuring harsh and draconian punishments were met out on anyone straddling that line and daring to cross to the wrong side.  They continued this intensity into other forms of social activity, from music, to manga, to ESRB and GTA... the demarcation lines were pushed to peak intensity.  Boomers NEED to be the forever "adults" while always telling the forever-child generation that it's not their turn yet.  And it is this intensity that the current generations well, because they have lived with nothing else.  This extreme age labeling and knee-jerk reactionary to every piece of art as not-ok is happening because it is literally clashing with the reality so many fans have lived with for so long.  This reaction is seen as normal and not extreme.

You had ONE JOB Corona-chan!  One fucking job...


What Do Ya Do With A Drunken Sailor?
...what are the drunken sailors of anime fandom but those who are so beholden to the idea that demarcated age is necessary to portray not only explicit sexual activity, but even hint at existing relationships, or have some character in a swimmie suit?  Is someone gonna tell them that every main character in High School of the Dead is definitely not over 18? What happens when they watch Fushigi Yuugi?  Are they gonna freak out?  Well, they're teaming up with anti-LGBTQ+ and Abstinence-Only right wing Q-Anon MAGA philosophy to chain all characters to the pillar of a-sexuality until... until what exactly?  They're never gonna age naturally...  so what do they want?  They want to erase characters and destroy art is what they want.  Before you know it, it's going to be "Sailor Uranus is totally grooming Neptune!  What a horrible thing to show!" and demand it go away, and be banned through the application of law.  This is not healthy.  It's going to really fuck things up, and governments are empowering it.  Returning anime to the early 1990's when it could get anyone under 18 kicked out of school, or abducted to a "therapy center" because it's "oh so violent and look what it shows!" is going to force it into channels that make it harder to obtain, and less profitable to license. 

Seriously, like I said, stock up on Dogecoin because soon that's going to be the only form of payment you can make to Patreon art accounts you follow, OnlyFans cosplayers, hentai retailers, hell- probably even some vtubers are gonna get cut off because the characters they use are deemed "child exploitation" and then barred from the use of services.

 She said she's horny for sex!
BANNED FOR CHILD EXPLOITATION!
Because ...reasons!

What Does it all Mean?
Well, as mentioned, anime and manga could be in for some serious depreciation in terms of future licenses.  A property that now can't be introduced in some countries, as well as now requiring social damage-control in the countries where it's still legal (thanks to fandom toxicity) just isn't worth paying for in terms of acquisition, let alone localization, promotion, distribution, all that.  The problem is that people are going to counter this argument with a big "nuh-uhhhh. I personally buy lots of this and sales around the world are up and all this stuff so you're dumb and stupid!"  ...this omits the fact that the cause of effects I am talking about hasn't even been close to fully entrenched yet and the results of it will most likely only start to happen to a noticeable degree between one and two years from now.  Remember in 2017 when I wrote about global shipping issues having an effect on other industries and the movement of capital which is going to effect A) Japan and B) ipso-facto anime, manga, and gaming content.  ...yeah that was 2017.  Notice anything happening this year?  Oh yeah, that kind of thing.  This is gonna take time.

Here's Where I Try To See Why The Other Side Is...
Is it because young fans have been skeeved on by older people?  I've been in that situation. 14 in NYC in the 90s at 2am after sneaking into The Limelight?  Oh yeah lots of that happened in clubs, on the street, Back Stage at The Bank, PYramid, at Odessa, on the Train ...yeah, it was pretty gross.  Dudes, chicks, ...whatever would crawl out of Tompkins Square Park late at night, all that.  I must have looked hella pedo-bait.  But hey, that's why you carried knives.  (Not that I didn't get flirty at St. Marks Comics's Brooklyn location to get a discount... totally worked).  But is this negative experience what the fans see happening to the characters they follow and identify with?  Are they trying to "save" them?  Does it make some people think that this is empowering or encouraging those with criminal sexual motivations to engage in skeeving more often (or do worse)?  Is it just projection?  No matter where it's coming from, a draconian rubric of anime and manga content is not going to help stop what they are worried about, and it will not help anime as an international business.  I've watched it try to be relevant to the actual sources and companies in Japan and for 12 years I watched them treat North America as something not worth taking input from (unless it was Pokemon or some game properties).  The Iron Chef license got more attention in how new programs were made in Japan than just about any anime ever did.  I didn't do the Iron Chef license but I know the people who did and yadah yadah.  If North America all of a sudden comes off as hostile, that's going to push things way back.  An entirely new generation of more diverse leadership is going to have to be in place at many Japanese companies not just the anime companies, but the Keiretsu level shit, so Sumitomo, Matsushita, Sony, JR, JT, 711 Holdings (no I'm not kidding) hellz Toyota is probably in there somewhere.  It's a big machine and one sprocket can decide not to budge and that's that.  But such reactions are hurting anime, hurting artists, and not accomplishing anything. 

Once again, I didn't tighten this up.  Maybe I should just start making these into videos or something.


But hey, in honor of what month it is:

It's always Fuck The Police month!
 
BLM



Saturday, December 26, 2009

Downward Spiral: Rise and Fall of Anime?

Yeah, I’m talking about you.


Hello Otaku readers, and others who shall not be named.


So CNN Go has run this “rise and fall” style list about anime as a viable contributor to popular entertainment. Notice I use the word “contributor” and not “product.” This is because this article glosses over any actual business or strategy issues which had to do with the stated outcome, and only puts emphasis on the cultural fan aspects of the back and forth between Japan and the rest of the world which always has a certain color tint to it in terms of which land mass you’re standing on. This is not to say that emphasis on the “fandom” aspects of pop culture development and distributive interpolation between otaku japonica and the rest of the world is misplaced, but rather is only one half of the delicious black and white cookie that is the anime universe we all seem to share space in… in one form or another.

In particular, it was point for year 2005, on the early shift of the style of commercial anime being made that had me raising the out of bounds flag. Not that it’s wrong in describing what happened, but it leaves out the necessary “why.” The “Densha Otoko” thing is something that seems to be a likely source of directional change if we apply a Hollywood style trend-chasing idiot flash in the pan mentality to the Japanese entertainment industry. But that’s not really how it works, one need only compare that popular anime with the hero with the yellow hair who wears orange and must increase his fighting ability under the tutelage of great masters in order to defeat his black haired blue wearing nemesis who has evil powers to save the girl he likes… no not that yellow haired orange clad fighter, the other one. The Japanese entertainment business is a business, and a Japanese business at that, meaning that Japanese business sensibilities are going to be what steers the wheel here and Japanese business sensibilities are quite the opposite from trend chasing, and much more in the “stick with what works” camp. Just look at how long the LDP was running things? (The "stick with what we think works" strategy at least)

Well then what’s with the change in focus? The answer is two fold. First; there really wasn’t a massive shift in the type of content being produced, only in how much of it was being dumped into the U.S. market, and second; the reason is YOU. Yes American otaku, I hate to do the bubble bursting again, (you've heard it here before) but you are NOT part of the anime market. Your existence means next to nothing to most IP producers here in Japan, and yet you keep thinking that somehow the fact that there is such a strong fandom in the U.S. has some sort of bearing on what happens in the boardrooms of Bandai or Pony Canyon or whoever is bankrolling the next project. Well at the risk of alienating any more American otaku, let me just say that you mean nothing to the anime industry and it’s your own damned fault. Why you may ask? Because you’re not profitable in the least. The American market has simply sucked up content at an astounding rate, without providing any net present value for the companies that outlay cash to produce them. It’s folly for me to think that I could actually convince some anime fan that in early 2008, watching fansubbed episodes of Gurren Lagann and then cosplaying as Kamina or Bachika is really an insult to Gainax and other Japanese companies, but believe me, that’s what it is and that’s what those companies feel with a high degree of impact. Here they are having made this product, ready to license it to the U.S., and you are in their face saying “I’ve already seen it and so don’t need to pay you or your licensee anything… thanks for the free show.”

So in short, the reason that anime has become so very Japanese-centric is because anime is Japanese, and only the domestic audience provides these companies with significant revenue (revenue as opposed to profits… revenue is what you use to pay your staff and keep the lights on). America in this instance, save for a few properties and Puffy Ami Yumi, is more or less worthless, since none of what the fans do in their media consumptions benefits the actual producers in the slightest. If the U.S. market could actually earn money, then you bet these producers would care about appealing to it. But since American fandom seems intent on pissing on the hard work of Japan, by watching fansubs and de-valuing licenses before they can ever be capitalized (like I have said before, if the core audience watches the title online before a broadcast license is in place, then that potential license becomes worthless since the core audience has already seen the piece and so any station airing it can not guarantee advertisers that a certain amount of people will watch, making that property worthless), then it will be a long time before Japan cares what works in the U.S.

The reason anime is declining in general even in its domestic market, is because the Japanese market itself isn’t what used to be. There are a few reasons for that, like JPY stagflation, prohibitive costs, change in lifestyle of the average Japanese citizen, but the main reason is the age-bulge. I’ve gone into this before, but the basic reality of it is that a ridiculously percentage of Japanese are now over 60, and it will just keep going up for a while. You know what people over 60 don’t do? Watch anime (except for Sazae-san, which I’m sure you’ve never heard of), and they don’t really buy manga either. They travel Japan, play golf if they’re able, and watch cooking shows and the “Go” channel (yes, there’s an entire cable channel dedicated to people playing that game). So much of the anime produced is for the outnumbered Japanese youth that see nothing but the bleakest of bleak economic futures where they will have to work to support mom, dad, grandma & grandpa x2, and god forbid any kids they might have… From SaiKano to Tokyo Magnitude 8.0 the future sucks if you’re under 30… or 40 for that matter, and a massive cataclysm might just make your life easier if you actually live through it.

Each generation has something that speaks for it. The fact is, that in the U.S. at the time, anime spoke for huge chunks of Gen X and Gen Y mostly because it simply was not the Hanna-Barbera Americanized crap that the baby boomers seemed to think would last forever. Not because anime had some universal appeal outside of Japanese cultural sensibilities. Akira was simply “cool” in the U.S. because it had very high quality animation, cool motor-cycles, and all kinds of action (like when that guy got shot a whole lot and there was blood everywhere… dude yeah… heh cool). The socio-political themes of late 1980’s Japan were completely lost on American audiences, but they were in Akira none the less. This is s symptom of anime that would last a decade, with each culture superimposing it’s own experiences and identities onto a medium which (at that time) lent itself so easily to that activity by having character designs and settings that were so ethnically and culturally ambiguous as to not give the slightest pause to totally immersing oneself into the story. That’s either not possible or necessary now, and the Hot-Topic Twilight crowd now seems to be where merchandisers and licensors want to go… leaving celluloid gravestones in their wake.




And now for something not so completely different:
Warning: Otaku-Fandom rant to be forthcoming.

Real anime fans out there, yes that includes even you weaboos, should be worried about this. The reason is that the Darwinian wheel of fandom spares nothing that shows weakness. Fringes of abhorrent behaviors of human society will always try to climb on board the weakest platforms of popular culture. One of the major casualties that we can look back on which has happened recently is the anthro or “furry” fandom. Here’s a fandom which, in the 1980’s was just another indie comic genre that had everything going for it. Now, it’s associated with everything from skunk fuckers to pedo-freaks. Anime is showing some dangerous cracks in the façade where this kind of thing is going to sneak in and ruin it for the rest of us. Much as I often agree with the guys over at Santoku Complex in defending fictional depictions of anything ever (since it’s fiction, so that’s that) I believe there IS a line that can’t be crossed.

For example, horror movie fans can watch whatever kind of slasher, chainsaw dismemberment movie they wish to, because it’s a movie, but putting that notion into practice, is not a good thing. So although I am a very staunch supporter of the rights of the individual to consume drawn/animated/CGI artwork of anything they choose, I have to draw the line when the type of people who advocate putting that into real practice jump on the fandom bandwagon proclaiming it as a manifestation of lifestyle. No. No no no. People who support the freedom of expression and common sense notions of a drawing being a drawing have to stop at some point when it comes to giving the inch that would become a mile to the actual pedos out there. The whole “Freedom-tan” notion and the organization behind it are an example of something that crosses the line, just a little. The reason is, that the reason they defend such properties is because they obviously believe in putting such notions into practice. No, not everyone there does... probably not even half the people there do, but there's going to be that 10% which is going to paint the other 90% in that light. To have this associated with Japanese pop-culture, is an insult and a serious problem when it comes to having anime and other japanese pop culture products being taken seriously as a commercial product.

First: no, you’re not Japanese, don’t think that adding “tan” to the end of your mascot/slogan/mission statement/whatever, gives you an insight into actual Japanese sensibilities. You don’t live in Japan, and by doing this you're really not gonna make many friends there because believe it or not, while tolerated, this kind of thing is regarded as more or less creepy, because you're never sure if these guys are gonna take that fandom one step too far into real life.

Second: The basic ideas of freedom here, is to allow for freedom of expression, such as those within the Constitution of the United States of America. While noble, this is by no means universal, and may not apply to you in the same way or at all, since you have a monarch on your money (UK, Canada, Australia, NZ ), or might be living down the street from a monarch like in Tokyo, Thailand, or Brunei. I can't fucking stand when some retarded American starts jumping up and down about "constitutional rights" when they're in another country... They don't apply you dumbass, and this attempt to superimpose them onto other countries with different cultural sensibilities and (more importantly) different laws based on those sensibilities, is the dictionary definition of "stupid American."

Third: While it is deplorable that someone would be prosecuted for having fictional depictions of anything which in practice is illegal (such as murder, terrorism, drug use, underage sex, dog-fighting, dolphin BBQ, etc) having actual film of that criminal act being committed, is simply having evidence of a crime that has been committed, and that leads straight to legal gray areas of all sorts. If you were trading real snuff films it might be the same.

I could go on forever, but the basic premise here is that anime fans had fought long and hard against mainstream media to make sure that commercial markets did not associate the genre with nothing but sex and violence. We succeeded and anime become (albeit an unsustainable) genre of entertainment. Now, that anime is showing weakness as a commercial property, pedophiles and skunk-fuckers are jumping all over small bits of the darkest depths of doujin manga and 2am anime and calling attention to it as if it was a validation of their genuine desire to have sex with 8 year olds. So far, the only defense against this kind of infiltration has been to make the genre profitable, creating a large group capable of drowning out these pedos so that they would go somewhere else. Now that anime is losing money, they’ve come in like a hoard of locusts to claim anime as some sort of champion of a pedophiliac lifestyle that should be accepted because they say so. That’s like an axe murderer asking for an acquittal because he genuinely “felt like” hacking someone to death and that desire is part of his personality that you shouldn’t impede. No sir, I may not agree with what you have to say, but I will defend to the death your right to say it. However I may not agree with your philosophy of action and I will fight to the death should you attempt to practice such action on me... and my own freedom-tan will be right there with me.

If anyone out there has read the Japanese story of 蜘蛛の糸 (The Spider’s Thread... a good read if you're studying Japanese, not too much kanji) this is the situation anime fandom is in. We are climbing up a thread, up to a level where we can exist as a viable industry. On the thread up which we climb, come hoards of the deepest darkest souls that the underworld has to offer. Should the climber become too distracted by them, or fight them directly, they shall fall and be dragged down to the depths from whence they came. Anime otaku must simply keep climbing forward, even if it seems as if they are about to eclipse us, the forward climbing must not stop.




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Sunday, May 31, 2009

Paris is Burning; The guilty plea of Christopher Handley

See it before it's declared Obscene.

The case of Christopher Handley has ended not unexpectedly, with results that put commercial artists, manga collectors, and everyone with an internet connection in the cross-hairs of a potential witch hunt perpetrated at the discretion of the self appointed people's puritan protectionist police on the front lines of what they like to call “the culture war” but what most of us who live here in reality call “you’re too old and can’t handle things in the outside world now go back inside, you’re missing ‘The Factor.’”


The guilty plea in this case is very much the worst possible outcome for members of the public, much worse than if he had been found guilty by a jury. Oh sure, the sentence is reduced and he isn’t facing the same severity as he would have if he had been convicted which is a real possibility since from what I hear he had some stuff nasty enough to make the admins over at Encyclopedia Dramatica look like members of the Bristol Pailin abstinence movement. With an uppity District Attorney waving federal charges and threatening the worst if he has to show grandma on the jury those nasty pictures and how poor little Chris’s ass has no chance of coming out of this unscathed, to expect a real fight was probably too optimistic looking back. So he may have received the best legal advice for his own individual case, but in reality it was the worst decision that could have been made. Because a guilty verdict has something that goes with it which a guilty plea does not: a chance to appeal. Appellate courts are great arenas for this kind of thing to be sorted out when it comes to legal vaguery being taken too far, and are now something that Handley will not have access to unless he can prove he was unduly influenced into taking a plea. My entire education in legal matters comes from watching every season of Law & Order 5 times and reading Fark way too much, and even I can tell that this guilty plea legitimizes a law which has “unconstitutional” written all over it. In the past, obscenity legislation of this type was used to criminalize possession of novels, and would always depend on the interpreting the meaning of “obscene” which means different things to different people, and therefore has no place in legal regulations of any kind. I don’t know what leverage they had on this Handley guy, but his guilty plea is really going to screw the next poor sucker they decide to make an example of (I am thinking a police raid on a furry convention).


So now we have a person, being treated like a criminal engaging in a criminal act with a criminal instrument, only it’s not really that, and somewhere someone is abusing an actual child, not a drawing of one. I am sure the police originally thought that they were going to find actual child pornography that this guy had, and when they didn’t, they decided to go for it and punish this guy anyway because cops aren’t about to use up their time and miss out on the reward of putting someone in jail, you can’t expect them to really be capable of proper behavior in legal matters. The blame for this most recent erosion of constitutional rights has got to land 50/50 on the idiots who actually wrote it, and Handley himself for selling out on a very important duty to set a legal precedent. When what is legal or not comes down to a matter of opinion, even if that opinion is a popular one and generally accepted, it is still opinion (I’m not taking about what is legally considered “expert” opinion). Since assessing the age of a cartoon character is both subjective, and technically impossible it can not be the basis for enforcement of a law. How old is Bart Simpson? He was in 4th grade in 1987… so was I, yet I can buy beer and he can’t. You know why? Because he’s not real he’s an abstract concept, a fictional character. If I draw him getting shot, I won’t be booked for murder, and although the equivalent of this case’s imagery is unpleasant to think about, criminal proceedings for “abusing Bart Simpson” are just as ludicrous as a murder charge.


For further reading on some of the specifics of the case, Matt Thorn has compiled a linked list to not only some of the actual court documents in the case, but other opinions more informed than my own. Which you can find here.

Thanks to Sirkowski for not only pushing the boundaries of epic win in his delightfully offensive Miss Dynamite series, but also for clearly illustrating that when all that separates a sketch of regular internet jiggle, from part of a felony criminal enterprise is a word bubble, then there’s something wrong with the law.

Don't worry, she's not really 17... because she's not real.
Art by tekena1200.

Sunday, January 4, 2009

In the Criminal Justice System... The Case of Christopher Handley

Wake me up when we get to part seven: The case of Christopher Handley.

Having the last name of “Handley” is now the least of this guys worries. Most people out there who would read this are probably aware of the news story developing around this guy. In a shaven nut shell this guy is on the hook for some serious felony charges which stem from obscenity laws which live in a constitutional grey area you could hide a GITMO/Abu Ghraib phone tapping kegger in.

Section 504 of the PROTECT Act, which is where the original charges come from, criminalizes the possession and distribution of "a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting," that —

(Summary)

Is obscene

or

depicts a minor engaging in sexually explicit conduct; …

lacks serious literary, artistic, political, or scientific value.

Now there is a pile of precedence in terms of getting things like this tossed going back to Larry Flint, but all those were a 1 part equation, where as this case is a 2 parter. Now for the even more concerning part of this, is that the legal precedence on the other side of this one, is very much against our Mr. Handley here. That other side, is of course the “depicts a minor engaging in sexually explicit conduct” wording in this law. Dwight Whorley (man these guys have the worst last names for this kind of thing) is doing hard time right now because he was in possession of drawn images which a federal appeals court decided were illegal. This court upheld his conviction, against the defense that no images found in his possession and part of the case were of actual people -minor or otherwise, and therefore protected speech no different from a written novel which would describe the same imagery. It didn’t work and he lost.

I would like to see this case will take a fast track to the Supreme Court on the back of the CBLDF and throw the constitutional protection of images, the production of which involves no actual people (as opposed to photography). Under the Protect Act, this could be interpreted as being obscene (over the years I am sure someone’s fapped to that), and the only line between whether you do or don’t get prosecuted for having it is who happens to be doing the prosecuting. Herein are the constitutional issues of what is “obscene” and can an artistic representation of something legally considered obscene also therefore be legally obscene due to the subject matter.

This is one of those rare times when the cold sobering hands real life smack fandom issues down to the level we see when held against the perspective of larger issues. It shows how ridiculous the little net dramah fits that happen on some fanfic website or live journal when someone does something or whatever. This obscenity back and forth is nothing new, and its just making the rounds to manga at this point. What’s new to the mix is that this is coming from a source outside the U.S. both in a literal and cultural sense, whereas most of these past instances are domestically produced pieces that are made by the artist with the express purpose of pushing the current boundaries of what is considered “profane” at the time. I think that fact will unfortunately weaken this case.

Now obviously if the search ended up turning up anything bulletproof and uber cut and dry when it comes to obscenity statute violating images, this guy would be either taking a plea right now or at least not having the CBLDF jumping into this one (that might even be out of ACLU territory). But it didn’t turn up, and now a prosecuting attorney has to convince a panel of judges that an artistic rendering of something is as bad as that thing itself… as if a drawing of a kitten in a blender is exactly the same as committing the act itself (actually possessing a video of that actual event in and of itself, with no other connection to that event, would be criminal if an obstruction charge could be made to stick because you "didn't turn it in"). Now these are some disturbing images, and court documents describe some of them as:

depicted graphic bestiality, including sexual intercourse, between human beings and animals such as pigs, monkeys, and others.

I hate "skunk fuckers," but this guy was having this crap delivered to his private home and wasn’t running around a furry convention shoving it in people’s faces. I think the fact that this guy is now feeling more buyer’s remorse than every Zune owner on earth times a million is honestly punishment enough.

Legally, this case might have a few points where a defense could get this guy off the hook without having to set constitutional precedence. There could be 4th amendment issues regarding the warrant being issues based on something not done 100% by the book by a postal inspector (I watch too much Law & Order). That won’t work but I am sure they’ve gone through the motions… literally.

Startlingly, there are people in the medical profession who would recommend allowing this guy access to these fictitious depictions of what most of us find abhorrent. The fact that this person went very much out of their way to track down a source for this material and then pay to have it shipped half way around the world, simply takes the argument that being exposed to this material causes abhorrent behavior and blows it out of the water. It’s not like he was a normal guy walking down the street and this shit just landed on his head, he went out of his way to look for precisely this. The recommendations of some medical professionals stem from the fact that if a person like this doesn’t get their fix in that harmless manner, they will seek it out in another form… maybe down at your kid’s schoolyard. Think about that. In May of 2005 this concept was thrown into the spotlight when the Attorney General of New York (the hooker-banging Eliot Spitzer of all people) campaigned for the end of Medicaid funding for Viagra prescriptions for sex offenders. There were a number of dissenting opinions.

That dissent was an uphill struggle to say the least, and I must say that what your Mr. Handley’s is facing a similarly uphill struggle (not the least of which is finding someone who would want to be in the same room with a guy who pops a boner to this kind of thing). This case is simply not one where an obscenity law can be challenged because of the vague wording behind it, as that’s already been tossed and now we're dealing with the strictly worded part. This is a case in which a that very unambiguously worded part of a law, namely the one that mentions specific depictions of specific criteria, must be challenged by the defense on the basis of constitutional protection under the 1st amendment of art or artificially created non-photographic images. The defense is going to have to argue that simply possessing (not producing, that's not what he's on trial for) an artistic representation of something that is illegal, does not that image illegal make, even though this law unequivocally says so. Not too easy to do when those images are things that, should they have been real, would be criminal to produce distribute and possess. The visible domino effect that this can have from the criminalizing of graphic artificial depictions moving to not so graphic or even implied depictions, to the written word, should be enough to convince a count to keep the government in the real world and out of imagination-land.


Welcome to the slippery slope, it’s always been here, you’re just new.




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