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NEWS: Japanese Artist Arrested for Releasing 3D Printer Data of Her Genitalia


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enurtsol



Joined: 01 May 2007
Posts: 14795
PostPosted: Thu Jul 17, 2014 2:29 am Reply with quote
She's fighting back:

"Japanese artist jailed for vagina boat vows legal fight"

  • Igarashi has touched off a debate on both women’s rights and the freedom of artistic expression, said Kazuyuki Minami, her lead defense lawyer.

    The legal definition of what counts as obscenity is vague in Japan, and the key point of debate will be deciding whether the vagina itself can be considered obscene, said Minami.

    “It will be a difficult battle,” Minami said.

    Although Japan has an extensive pornography industry, it remains regulated by a section of the criminal code that dates back to 1907. Video pornography in Japan has often used digital mosaics to obscure genitalia in sex scenes as a way to avoid obscenity charges.

    A 1951 Supreme Court case broadly defined obscenity as something that stimulates desire and violates an ordinary person’s sense of sexual shame and morality.

    Igarashi says she began making artwork to address what she saw as a double standard applied to both female and male genitalia in Japan.

    The vagina “has been such a taboo in Japanese society”, she wrote on her website. “It’s been overly hidden although it’s just a part of a woman’s body.”


There goes the chances of The Vagina Monologues in Japan.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Thu Jul 17, 2014 4:44 am Reply with quote
@enurtsol

That's interesting and I hope she gets gets off... but there is one way the result of a legal challenge could get worse, even if she wins.

Two things I see most english articles get wrong about this case is the nature of the "obscenity" charge and the claim that it's discriminatory. It's not a women's rights issue because it was nearly all men that have been arrested (see below). Nor is the vagina is taboo. Everyone knows what manko is, friends use it, but you don't really refer to it in polite company. But then neither do you refer to chinko (dick/cock) to in polite company. An uncensored image (but not sculpture) of penis will get you arrested just as quickly.

"obscenity" is a defacto misnomer in Japan, as it is not judged in the same subjective way it is in some western countries--contrary to the article. It is pretty black & white in Japan. The only degree of arbitrariness is the threshold of genitalia censorship of the images. With the exception of scientific or educational purpose, publicly distribute a image (or digital file) of penis or vagina uncensored, or not censored enough, get arrested.

That's why the Core Magazine editors recently arrested for not censoring enough. These porn producers where arrested also for not censoring enough. This guy was arrested for sharing an uncensored version of an eroge, and so on. One artist a while back tried to challenge the law in court and failed and served extra jail time as a result.

What appears to be changing recently is using that as a pretense to clean-up Japan's image, changing from uncensored to not-censored-enough, and her case may very well be part of the clean up campaign.

Nonetheless, insofar as applying the law, they are still restricted to is-genitalia-censored (enough) or not. So far everything else, as far subject matter, is allowed. If they allow uncensored images to be distributed, BUT still keep the obscenity law around, that would be very, very bad news. Because that could only mean further restrictions, either purely subjectively and arbitrarily determined after-the-fact (i.e. everyone risks arrest) which would have a chilling effect, or subjectively determined and preempted by government i.e. national approval board.
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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Thu Jul 17, 2014 9:12 am Reply with quote
I'm still puzzled about what crime she is actually alleged to have committed here. As far as I can tell she made available a file that could be used to drive a 3D printer and made it available only to a select group of people. Without a printer there is nothing to see other than ones and zeroes. What if she had handed them a USB pendrive with this file on it? Would that have been illegal? What if she sent it as an attachment to a text message? Is it the act of transmitting the file over the Internet that is the supposedly illegal activity?
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Pen nomine



Joined: 17 Jul 2014
Posts: 9
PostPosted: Thu Jul 17, 2014 10:03 am Reply with quote
She deserves to get off! My membership is in her corner!
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Brent Allison



Joined: 01 Jan 2011
Posts: 2444
Location: Athens-Clarke County, GA, USA
PostPosted: Thu Jul 17, 2014 10:04 am Reply with quote
Dear authorities in Japan,

If you are trying to win the respect of other developed nations before the Olympics, this is the wrong approach. I am not being facetious in suggesting that we generally find actions like Igarashi's arrest far more repugnant than the pornographic media you're trying to "cleanse". Respecting artistic expression will do more to help your country's image in our eyes.

However, if you are trying to burnish your image for other less-developed countries that do not hold artistic expression in high favor, please kindly disregard this message. You are making considerable progress in that case.

To everyone else,

You may want to sign this petition. It's in Japanese, but you can probably figure out what fields to include. Just be sure to put your last name in the first box, then your given name.
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shiranehito



Joined: 27 Dec 2011
Posts: 793
PostPosted: Thu Jul 17, 2014 11:00 am Reply with quote
Brent Allison, Thank you for the information regarding the petition. I already signed it. Also, I find it really interesting to see people around the world fighting for her cause.

This is the guide to filling the form, in case you have no idea what to fill.

first column: last name
second column: first name
third: email address
fourth: country (it's automatically selected, so you don't have to bother)
fifth: postal code (?)
sixth: your comment regarding to the case
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Thu Jul 17, 2014 12:27 pm Reply with quote
yuna49 wrote:
Without a printer there is nothing to see other than ones and zeroes.

3D printer files are just 3D CG models, so they technically qualify as images
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mangamuscle



Joined: 23 Apr 2006
Posts: 2658
Location: Mexico
PostPosted: Thu Jul 17, 2014 12:47 pm Reply with quote
configspace wrote:
yuna49 wrote:
Without a printer there is nothing to see other than ones and zeroes.

3D printer files are just 3D CG models, so they technically qualify as images


You can graph ANY file (which means,any data) as an image or even video, you can also sample it and make it into a sound. What that image or sound represents is totally subjective.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Thu Jul 17, 2014 1:34 pm Reply with quote
If that character drawing she's holding is a representation of herself, it seems to imply she's still virgin. Wink

It wouldn't be the first time Japan has forced itself to be embarrassed about it's past cultural acceptances and with the Olympics coming it won't be the last, however this smacks of double standards as why wasn't Murakami Takashi arrested for his two uncensored Hiropon and My Lonesome Cowboy sculptures?
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Wrangler



Joined: 11 Nov 2007
Posts: 1346
PostPosted: Thu Jul 17, 2014 2:36 pm Reply with quote
I'm not surprised that this has happened. The new conservative government seems to been pushing hard to clean up society.

I hope the artist wins for sake of freedom from government oppression and censorship. Legal challenge going expensive and painful. Digital realm is murky given how the laws could be read. Police seem to be waiting to act. However, i wonder if it will cause the laws be revised possible make it worse for everone. Depends on which way the Judge swings and who their listening to for advice.

Hope for the best.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Thu Jul 17, 2014 3:40 pm Reply with quote
mangamuscle wrote:
configspace wrote:
yuna49 wrote:
Without a printer there is nothing to see other than ones and zeroes.

3D printer files are just 3D CG models, so they technically qualify as images


You can graph ANY file (which means,any data) as an image or even video, you can also sample it and make it into a sound. What that image or sound represents is totally subjective.

True, it could be ascii art. And if they determine that image is represents an uncensored vagina or penis, then that would be grounds for arrest.

Mohawk52 wrote:
It wouldn't be the first time Japan has forced itself to be embarrassed about it's past cultural acceptances and with the Olympics coming it won't be the last, however this smacks of double standards as why wasn't Murakami Takashi arrested for his two uncensored Hiropon and My Lonesome Cowboy sculptures?

Sculptures are ok. See my previous posts for examples. She was able to sell and display her 3D printed sculptures. It was only when they discovered she also distributed the 3D files, did they arrest her.

The silver lining about this incident is that there is a sympathetic victim and it shines a light on the absolute ridiculousness of Japan's laws. However I think there is some misunderstanding and misconstruing of issue and that may not help to really resolve the issue. For example, if they just add an exception, something like "hey if the image is for political purposes, then ok" (e.g. symbolic of women's rights), rather than a fundamental change, namely complete repeal, then people will still get arrested, and it'll just be the same unsympathetic characters as before.
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mdo7



Joined: 23 May 2007
Posts: 6280
Location: Katy, Texas, USA
PostPosted: Thu Jul 17, 2014 7:16 pm Reply with quote
enurtsol wrote:
She's fighting back:

"Japanese artist jailed for vagina boat vows legal fight"

  • Igarashi has touched off a debate on both women’s rights and the freedom of artistic expression, said Kazuyuki Minami, her lead defense lawyer.

    The legal definition of what counts as obscenity is vague in Japan, and the key point of debate will be deciding whether the vagina itself can be considered obscene, said Minami.

    “It will be a difficult battle,” Minami said.

    Although Japan has an extensive pornography industry, it remains regulated by a section of the criminal code that dates back to 1907. Video pornography in Japan has often used digital mosaics to obscure genitalia in sex scenes as a way to avoid obscenity charges.

    A 1951 Supreme Court case broadly defined obscenity as something that stimulates desire and violates an ordinary person’s sense of sexual shame and morality.

    Igarashi says she began making artwork to address what she saw as a double standard applied to both female and male genitalia in Japan.

    The vagina “has been such a taboo in Japanese society”, she wrote on her website. “It’s been overly hidden although it’s just a part of a woman’s body.”


There goes the chances of The Vagina Monologues in Japan.


That's good to know she's fighting back against the law, I'm with her on her argument.
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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Fri Jul 18, 2014 12:37 pm Reply with quote
configspace wrote:
yuna49 wrote:
Without a printer there is nothing to see other than ones and zeroes.

3D printer files are just 3D CG models, so they technically qualify as images

Really? I believe they consist simply of commands to move the printer heads and apply the appropriate resins. Regular 2D printer files do not contain any image data. They contain instructions to the printer about where to move the head and which colors to apply at each pixel.

3D printers commonly use the STL file format. "An STL file describes a raw unstructured triangulated surface by the unit normal and vertices (ordered by the right-hand rule) of the triangles using a three-dimensional Cartesian coordinate system. STL coordinates must be positive numbers, there is no scale information, and the units are arbitrary." Doesn't sound much like an image or model to me.

And, again, is the alleged crime that she distributed these over the Internet? What if she gave you a copy on a USB drive? What if she printed out the binary data in the printer file and handed you the printout?
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mrsatan



Joined: 06 Jul 2005
Posts: 912
PostPosted: Fri Jul 18, 2014 4:21 pm Reply with quote
configspace wrote:
Two things I see most english articles get wrong about this case is... the claim that it's discriminatory.
...
Nor is the vagina is taboo. Everyone knows what manko is, friends use it, but you don't really refer to it in polite company. But then neither do you refer to chinko (dick/cock) to in polite company


This is not true. Rokudenashiko is correct. Chinko and all its variants are acceptable in conversation in context and you'll find it on TV, in anime, and manga all the time. Manko you will not. If you try to say manko on Japanese TV, it will be bleeped. It is akin to the C-word in English. The only time I've ever heard it spoken was in the Detroit Metal City OVA when Krauser needed to use the worst Japanese word imaginable do defeat the F-word.
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v1cious



Joined: 31 Dec 2002
Posts: 6203
Location: Houston, TX
PostPosted: Fri Jul 25, 2014 9:20 am Reply with quote
The Daily Show had a great segment about this last night highlighting Japan's hypocrisy:

http://thedailyshow.cc.com/videos/qnk18t/we-may-have-problems--but-at-least-we-re-not-jailing-artists-for-3d-printing-their-vaginas
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