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Commentaries on Handley's Sentencing for Obscene Manga


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GVentola



Joined: 16 May 2007
Posts: 23
PostPosted: Thu Feb 25, 2010 2:50 pm Reply with quote
I'm a Ned Flanders-esque, goody-two-shoes Christian, but even I think jail time was unjustified. The manga in question I would probably think sick if I saw it, although many manga characters are wide-eyed and look like children, so it may not have been child "pornography" anyway.But I firmly am against censorship--and going through people's mail! I"m just glad he got six months instead of 15 years--that would have been a tragedy and a warning that free speech (and free reading) no longer applies in this country.
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BitShifter



Joined: 25 Feb 2010
Posts: 23
PostPosted: Thu Feb 25, 2010 3:20 pm Reply with quote
GATSU wrote:
Yes, but who needs evidence in a witch-hunt?


We hereby appoint one officer whose duty it will be to investigate the books and drawings in the possession of each citizen. He will have the ability to look into the hearts and minds of men, and determine the depths of their sexual deviancy. Yea, this officer shall be known as the Smutfinder General, and his power will be absolute; to fine, imprison, publicly humiliate in the stocks, or immolate by order of The State, as he sees fit, all those he finds guilty, and those who would consort or traffic contraband with the guilty.

Signed this day,
Village Council of Salem
The Colony Of Massachusetts

It may not be as far-fetched as we think...
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silver_deeds



Joined: 08 Jan 2010
Posts: 61
PostPosted: Thu Feb 25, 2010 3:27 pm Reply with quote
So am I right in assuming that if this were to happen again in a similar case, only without the guilty plea, it would most likely not have gone through?

It seems like they almost over-exaggerated the 15 year jail-time threat to get him to sign the plea just so they could have something to put against him. Even after that, all they could manage was 6 months.

I agree with how these guys responded and couldn't have put it better myself. But if he, himself, pleaded guilty and that's what the case came down to, then I don't see this being too much of a threat to us in the future. It's just a horrible misfortune to have happened to Handley, his ill mother, and the rest of his family. Please enlighten me if I'm wrong.
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rainbowcourage



Joined: 11 Apr 2007
Posts: 1216
Location: what is commonly known as "hell week"
PostPosted: Thu Feb 25, 2010 3:35 pm Reply with quote
My friend's rapist is walking around free and unfettered, and this guy went to jail?
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keikanki



Joined: 25 Feb 2010
Posts: 107
PostPosted: Thu Feb 25, 2010 3:40 pm Reply with quote
mckg1 wrote:
Just don't order manga of 6 year olds being rape by 25 year old, or something that its obvious its child abuse.


It's not child abuse. It's ink and paper. That's the point these open letters are trying to establish.

See the post before yours for an example of a more straightforward response.



Hey, what the heck...
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Wetall



Joined: 20 May 2009
Posts: 70
PostPosted: Thu Feb 25, 2010 3:43 pm Reply with quote
Am I the only one who's getting sick and tired of all this crying about "virtual child porn" or "lolicon" or whatever the hell you call it on these forums? Regardless of whatever injustice may have been present in the case, continuously arguing and moaning about it on the forums and acting like the goddamn sky is falling isn't going to do any good for anyone. All it does all it does is cause uneducated users to freak out and blow everything out of context, as well as cause the localization companies to be more prone to censoring their own titles than need be--The risk of a company self-censoring a manga/anime title due of fears of such convictions is far more likely to occur than the actual chances of getting convicted in and of itself.

Stop focusing on the possibilities and start focusing on the probabilities--How often do you see anime/manga localization companies getting conviction threats by the government for their titles, as opposed to them censoring themselves out of fears of offending someone? Anime/manga localization companies look in these forums/sites very often, and if they see nothing but people freaking out and acting like chickens with their heads cut off, then they're going to have second thoughts about the titles they release, and they'll be far more likely to censor themselves as opposed to a situation where more people kept their cool.

I don't know about any of you, but I've noticed that our own tendency to fearmonger ourselves is capable of doing far more damage to this industry than some spotty law with ambigious language. If you really want to change the world, then change your own attitude--Stop looking at everything in a negative light, and actually think of something positive you can do, and do it. If the law is really that dangerous, then stop dicking around on the internet something about it in real-life to get it changed. Otherwise, the companies themselves are the ones that are going to be the ones doing the censoring, and it'll be the "fans" that are the ones who're causing them to do so, not the "government" or "the man" or "big brother".

THE ONLY THING WE HAVE TO FEAR IS FEAR ITSELF -- Franklin D. Roosevelt


Last edited by Wetall on Thu Feb 25, 2010 3:57 pm; edited 4 times in total
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BitShifter



Joined: 25 Feb 2010
Posts: 23
PostPosted: Thu Feb 25, 2010 3:45 pm Reply with quote
tempest wrote:

2) If they're under 18, they're minors.

8) Are the characters really under 18 ? It's often argued that a) High School seniors in Japan are often 18 or 19 and b) the characters are actually in a 2-year post-high-school college that would put them in the 18-21 age range. (this is complete bs, but the argument is used).


It makes one wonder if it's sufficient defense to have a folder of images containing visual depictions of the birth certificates of all the fictional characters drawn in the manga, clearly showing they are all over 18 years of age, in accordance with U.S.C. 2257 record-keeping requirements...
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Da Games Elite



Joined: 14 Jan 2005
Posts: 124
PostPosted: Thu Feb 25, 2010 4:06 pm Reply with quote
Alright, before you guys all start losing your minds, there are a few things you guys keep overlooking.

During the original official response, the judges stated that the hentai possessed was crude and lacked any artistic redeeming qualities to the pedophilia, so you don't need to worry about being carted to jail if Big Brother catches you looking at Elfen Lied. Regardless, to say that Handley did nothing wrong is both right and wrong. On one hand, legally, he di nothing wrong until his case set a precident. On the other hand, though, there were only a couple of cases like this, so until we see a trend we don't need to get paranoid. However, truthfully, I'm not a big fan of hentai anyway, so this entire thing won't affect me too much. Im not going to be too ruined by the idea that Big Brother is cracking down on a sort of thing that I'm not into anyway.

However, for the rest of you fans, keep in mind this: six months. I don't know if Handley was marked as a sexual deviant of any kind, but I don't remember it ever being mentioned. If he wasn't marked down as one, you can rest assured good ol' Handley's punishment will be much less intense. Additionally, you can rest assured that you will be safe in your circumstances. However, to call this a witchhunt, I don't know if that's fair. It isn't a witchhunt until there's a trend.
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Megiddo



Joined: 24 Aug 2005
Posts: 8360
Location: IL
PostPosted: Thu Feb 25, 2010 4:09 pm Reply with quote
Da Games Elite wrote:
Alright, before you guys all start losing your minds, there are a few things you guys keep overlooking.

During the original official response, the judges stated that the hentai possessed was crude and lacked any artistic redeeming qualities to the pedophilia, so you don't need to worry about being carted to jail if Big Brother catches you looking at Elfen Lied.

How can you say this so definitively? Just because you think Elfen Lied has artistic merit and is not obscene does not mean that the judge will think the same.

EDIT: Oh, and I love the idea with the virtual birth certificates Very Happy
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BitShifter



Joined: 25 Feb 2010
Posts: 23
PostPosted: Thu Feb 25, 2010 4:19 pm Reply with quote
Da Games Elite wrote:
I don't know if Handley was marked as a sexual deviant of any kind, but I don't remember it ever being mentioned.


I was actually remembering the phrasing of the quote from the original 2/11/2010 ANN article which described some of the materials submitted to the judicial proceeding:

Quote:
Handley's original psychological assessment determined that Handley, "although honest with what he reported, was not disclosing enough to gain a complete picture of the nature and extent of [his] sexual deviancy … The main finding from the testing results is that Mr. Handley produced a guarded, defensive, and evasive profile. His test taking behavior suggests there is likely more to know about him than he is willing to disclose at this time."
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mrsatan



Joined: 06 Jul 2005
Posts: 911
Location: Olympia, WA, USA
PostPosted: Thu Feb 25, 2010 4:38 pm Reply with quote
ikillchicken wrote:
Okay, people have already addressed why your comparison to the Danish controversy is stupid


No, it isn't. If I draw a stick figure in the Muslim nations and label it "Muhammed" it is crime. If I draw a naked female in the US and label it "Girl, age 12", it is apparently a crime. I would draw it for you to illustrate, but then I might go to jail. You'll have to just imagine it for the time being; that isn't illegal (yet).

ikillchicken wrote:
but I also just want to point out that you don't seem to have read your own link. Obama said he did not agree with a blanket ban on the death penalty no matter the circumstances for actual child molestation

I'll admit it's a little off-topic, but it's exactly what I said. He allows for the death penalty for a criminal that didn't take a life, all to appease the "for the children" Soccer Mom crowd. I'm a strong supporter of the death penalty, yet this bothers even me.
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njprogfan
Collector Extraordinaire



Joined: 08 Feb 2007
Posts: 1163
Location: A River Named Toms
PostPosted: Thu Feb 25, 2010 4:50 pm Reply with quote
I'd love to know how the guy from the Postal Service knew to open the package. What tipped him off? Was it the address? Or the retailer that sold him the manga? Or was it random? Hell, I'd hate to have any package opened just because it may look a certain way or was from a certain country/and or retailer.
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mrsatan



Joined: 06 Jul 2005
Posts: 911
Location: Olympia, WA, USA
PostPosted: Thu Feb 25, 2010 5:00 pm Reply with quote
ikillchicken wrote:
NO! DO. YOUR. HOMEWORK. The stuff he had is way beyond anything legal with real people.


The only way someone could "do their homework" is to read the manga in question, which most Americans wouldn't be willing do now (for obvious reasons).
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egoist



Joined: 20 Jun 2008
Posts: 7762
PostPosted: Thu Feb 25, 2010 5:10 pm Reply with quote
Interesting bit of opinion, tempest. Must admit that even I was a little worried about that. But, if the government keeps pressuring the ISPs like this, it wouldn't be long before even the underpants we buy online will be known, since it's no secret that most hentai is downloaded unofficially from fansubs/raw providers.
If what this man did was a crime or not isn't even arguable for me. What could really piss me off about all this would be the government wasting public funds to satisfy their own sense of national purity. About time for a coup d'état.
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Gilles Poitras



Joined: 05 Apr 2008
Posts: 476
Location: Oakland California
PostPosted: Thu Feb 25, 2010 5:27 pm Reply with quote
njprogfan wrote:
I'd love to know how the guy from the Postal Service knew to open the package. What tipped him off?...


Customs service, the package was coming from Japan.
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