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NEWS: Iowa Collector Charged for Allegedly Obscene Manga


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archaron
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Joined: 10 Oct 2006
Posts: 401

PostPosted: Fri Oct 10, 2008 1:10 pm Reply with quote
turboyoshi wrote:

Free speech is not an absolute right. As a member of society, you still have to speak in a way that doesn't make you a danger to society. We still have laws against hateful or inciteful speech. As in all things, there must be a balance between an individual's rights and society's.


The only way I know free speech was ever limited is when it put others in danger. For example you can't yell fire in a crowed movie theater if their is no fire. Just because a view is unpopular does not make it illegal to say.


Being arrested for having manga, come on, with all of the problems in this country we have the government wasting time and money on stuff like this. They need to let this guy out and apologize to him. By all means, let's go let out some murders out of jail and arrest people for having manga and different pieces of art! Mad

For more information on the case go to :

http://www.cbldf.org/pr/archives/000372.shtml

source-- DEL REY MANGA NEWSLETTER
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cyberbeing



Joined: 28 Mar 2007
Posts: 78

PostPosted: Fri Oct 10, 2008 1:13 pm Reply with quote
Teriyaki Terrier wrote:
To be honest, I am glad he got 20 years in prison. These types of people are those who will eventually become exceptionally determental to society.

Bet twenty years will make him think twice about this obtrusity and crime unagainst humanity.

I think you should read the article again. No one got 20 years in prison. It hasn't even gone to trial yet. Rolling Eyes

I also seriously hope you were being sarcastic in the rest of your post...
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Takeyo



Joined: 25 Mar 2008
Posts: 110

PostPosted: Fri Oct 10, 2008 1:13 pm Reply with quote
Teriyaki Terrier wrote:
To be honest, I am glad he got 20 years in prison. These types of people are those who will eventually become exceptionally determental to society.

Bet twenty years will make him think twice about this obtrusity and crime unagainst humanity.


I hate to disrupt your puritanical revelry, but you might want to go back and read the news item. This guy hasn't even been convicted, let alone sentences. Plus (as others have mentioned), the post doesn't go into detail able what the allegedly (and subjectively) obscene material was. It could very well have been anime or manga that you, yourself, enjoy.
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Fronzel



Joined: 11 Sep 2003
Posts: 466

PostPosted: Fri Oct 10, 2008 1:19 pm Reply with quote
I'm so glad the government is putting so much effort into prosecuting someone for doing something that makes other people uncomfortable.

Because that's how free societies work.

Great.

Thanks.
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monkeyvoodoo



Joined: 19 Mar 2006
Posts: 2
Location: CA, USA

PostPosted: Fri Oct 10, 2008 1:20 pm Reply with quote
turboyoshi wrote:
No matter how this turns out, I think you're overreacting if you think the state's going to go after everyone who possesses loli material. This is probably a case of targeting someone who has a more extreme collection than most and the state may have some other compelling reason to think he is a threat to society.


And what makes a collection "extreme"? Once you outlaw something, it only makes it easier for something not as bad to be outlawed as well. Laws are easily and frequently created, but they don't go away so easily or frequently...
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Top Gun



Joined: 28 Sep 2007
Posts: 1194

PostPosted: Fri Oct 10, 2008 1:21 pm Reply with quote
The whole concept of loli/shotacon doesn't exactly sit well with me at all, but in the end, all it really is is a bunch of ink lines on a piece of paper. I was under the impression that child pornography laws existed for the purpose of preventing minors from being sexually abused...and rightly so. However, when it comes to artwork, there's no abuse going on in the first place. If there's no actual harm taking place, and no justifiable potential for harm, what sort of crime is being committed?

Now, the whole "interstate commerce" aspect does add somewhat of a wrinkle, since that's when federal jurisdiction comes into play in the first place. It'll be interesting to see how this plays out from a purely legal standpoint.

(By the way, anyone else find it amusing that the CBLDF's logo seems a bit...Third Reich-ish? Razz)
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burzmali



Joined: 21 Oct 2005
Posts: 143

PostPosted: Fri Oct 10, 2008 1:23 pm Reply with quote
turboyoshi wrote:
burzmali wrote:
I said it back when Dwight Whorley was jailed [...]


Ack, posted my response in the wrong thread.

Hmm, Dwight's case may be a little different though. He's a known sex offender (prior convictions) and was downloading images of actual sex acts involving minors, not just loli manga.

If you check what he was convicted of, the only charge was under 1466A, same as this guy.
turboyoshi wrote:

His actions therefore, make it seem likely that he still represents a threat to public safety and this is another option the state has of removing him from society. I don't disagree with how that case was handled at all.

I don't think that it's the same either, but anyway you slice it and dice it, it's the same law being applied.
turboyoshi wrote:

No matter how this turns out, I think you're overreacting if you think the state's going to go after everyone who possesses loli material. This is probably a case of targeting someone who has a more extreme collection than most and the state may have some other compelling reason to think he is a threat to society.

Last time, Whorley was only targeted because he has CP as well, now a large collection by itself is enough. What's next?

turboyoshi wrote:

I'll wait and see what other facts come out.

The facts aren't likely to be in dispute in this case, only the jury's interpretation of them.
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Fronzel



Joined: 11 Sep 2003
Posts: 466

PostPosted: Fri Oct 10, 2008 1:27 pm Reply with quote
Top Gun wrote:
(By the way, anyone else find it amusing that the CBLDF's logo seems a bit...Third Reich-ish? Razz)

The roots of the use of the eagle in both American and German (Nazi and otherwise) symbology both go back to the Roman Empire, so it's not really a surprise.

The logo is kinda unfriendly, though.
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testorschoice



Joined: 28 Apr 2007
Posts: 465

PostPosted: Fri Oct 10, 2008 1:32 pm Reply with quote
archaron wrote:

For more information on the case go to :

http://www.cbldf.org/pr/archives/000372.shtml

source-- DEL REY MANGA NEWSLETTER


That's actually the same press release that was in the ANN article:

http://www.animenewsnetwork.com/press-release/2008-10-09/cbldf-to-serve-as-special-consultant-in-protect-act-manga-case
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archaron
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Joined: 10 Oct 2006
Posts: 401

PostPosted: Fri Oct 10, 2008 1:35 pm Reply with quote
testorschoice wrote:
archaron wrote:

For more information on the case go to :

http://www.cbldf.org/pr/archives/000372.shtml

source-- DEL REY MANGA NEWSLETTER


That's actually the same press release that was in the ANN article:

http://www.animenewsnetwork.com/press-release/2008-10-09/cbldf-to-serve-as-special-consultant-in-protect-act-manga-case


My bad
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walw6pK4Alo



Joined: 12 Mar 2008
Posts: 1646

PostPosted: Fri Oct 10, 2008 1:45 pm Reply with quote
In my understanding, those 3d generated images made to look like real-life, or when you take real pictures and photoshop them to appear as cartoons fall far closer to real child-porn that any loli or shota doujinshi ever could. You can even say they're human with the facial proportions they usually have, maybe human in some weird cute bizarro-earth, but not this one.

I hate seeing cases like this because there's no victim of the crime except the one having charges brought against him. There's no crime being committed that will ruin anyone else. And to play the logical fallacy of the slippery-slope doesn't work. Millions of Japanese otaku purchase lolicon and shotacon doujinshi and do so with great vigor, but that doesn't mean they're all basement-dwelling NEETs. No real world living child was hurt, no crime, and to say it could lead anywhere else is Orwellian thought-crime.
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GATSU



Joined: 03 Jan 2002
Posts: 8412

PostPosted: Fri Oct 10, 2008 1:51 pm Reply with quote
Quote:
Handley had received a package of seven manga that the Postal Inspector intercepted and determined to contain objectionable images.


Aren't they supposed to be tracking bombs?

Ghst:
Quote:
I have a feeling that this guy will get off the hook.


That store owner in TX didn't, so don't bet on it.

cyber: Whatever precedent this sets would be at the state level.

Patachu: In the Bible Belt, the only kind of Dems who win are fundies, too. That's part of why Obama's playing his Christianity card. Anyway, that fact might work against the authorities, if they're that much of a Dem stronghold.

Teriyaki:
Quote:
To be honest, I am glad he got 20 years in prison. These types of people are those who will eventually become exceptionally determental to society.


Yeah, he needs more fine upstanding citizens role models, like corporations which extort us for $700 billion. :roll:

Also, any interested parties not bankrupted by this economy can donate to CBLDF. [/quote]


Last edited by GATSU on Fri Oct 10, 2008 1:54 pm; edited 1 time in total
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Cait
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Joined: 29 May 2008
Posts: 312

PostPosted: Fri Oct 10, 2008 1:51 pm Reply with quote
Top Gun wrote:
The whole concept of loli/shotacon doesn't exactly sit well with me at all, but in the end, all it really is is a bunch of ink lines on a piece of paper. I was under the impression that child pornography laws existed for the purpose of preventing minors from being sexually abused...and rightly so. However, when it comes to artwork, there's no abuse going on in the first place. If there's no actual harm taking place, and no justifiable potential for harm, what sort of crime is being committed?

Now, the whole "interstate commerce" aspect does add somewhat of a wrinkle, since that's when federal jurisdiction comes into play in the first place. It'll be interesting to see how this plays out from a purely legal standpoint.



I think the bigger issue is that the goverment is going after an individual for purchasing what is basically a commercially available product instead of going after the suppliers, manufacturers or artists. It isn't like this guy comissioned these works into existence. But you're right, I think the interstate or more importantly international shipping laws are what is going to be the trickiest part of the case. When you ship goods between countries it is explicitly stated that it is against the law to transfer items that are "obscene" across borders. Of course "obscene" is so subjective how are you supposed to prosecute it in a fair manner?

The FEDEX listing for "prohibited" materials for international shipping:

http://www.fedex.com/us/services/terms/intl.html#prohibiteditems

Pornography is #12.
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saishokushugisha
Editor, Anime Insider


Joined: 18 Aug 2004
Posts: 100
Location: USA

PostPosted: Fri Oct 10, 2008 2:05 pm Reply with quote
His case actually started in 2006, which is when his house was raided.

The language of the legal briefs does make it clear that he is NOT being charged for the parts of his collection that were just some regular manga. He's only being charged for the parts that depicted extremely explicit sexual behavior on the part of people who were, in the opinion of the court, underage. So yes, we're definitely talking porn here.

The vital parts we don't know are how much of his collection is being charged and what titles they are. So with that info missing, it's really hard for me to know how to feel. Maybe he had Japanese kiddie porn, maybe not. I don't have enough facts to decide.
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Hexon.Arq



Joined: 20 Aug 2006
Posts: 71

PostPosted: Fri Oct 10, 2008 2:06 pm Reply with quote
Teriyaki Terrier wrote:
To be honest, I am glad he got 20 years in prison. These types of people are those who will eventually become exceptionally determental to society.

Bet twenty years will make him think twice about this obtrusity and crime unagainst humanity.


I agree. Seig Heil!

Razz
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