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Forums - General Discussion - UPDATE Man Faces Minimum 1 Year in Prison for Bringing Manga to Canada On His Laptop

seiya19 said:

Really ? Absolute madness... So not only there's no basic right to privacy, but you also lose your right to private property, even without any accusation ?

Madness, madness I tell you !

But the use of scans through some sort of recognition software raises more questions than it answers... I'm guessing it works with terms and not image recognition, as I'm having a hard time believing such technology exists at that level. Not even the actual security officials can recognize lolicon from echii/hentai, yet the software can ? Or does anything manga gets labeled as "ilegal" ?

Anyway, I guess I shouldn't care too much as I don't even have a laptop... or travel outside my country...  

They no longer need probable cause to search you anymore. The the hdd scanner doesn't have to be accurate. It just needed to raise a flag that something in your computer may be illegal and they can just keep your laptop for further investigation. Legallity is really at the mercy of whoever "judging" you. Pretty easy to screw your life up.



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seiya19 said:

1. The first part of my post was meant to highlight the differences between a drawing and an actual image of a pre-pubescent human, which I don't see acknowledged in your post. The reason why I did this was to show how many of the concepts regarding paedophilia that you're arguing about don't really apply when it comes to drawings, as their origin, discussion, purpose and execution is based on actual humans, not fictional characters. Not only that, but as I mentioned before there's no evidence (at least, that I know of) that proves that lolicon and real child pornography have the same effect on paedophiles, so you can't assume there's a link between being sexually aroused by a lolicon drawing and the actual thing. Even a person that can't perceive the difference between reality and fiction (what you argue that is a characteristic of all paedophiles) might see lolicon and actual child pornography as different things. Until there's conclusive evidence of lolicon having exactly the same effect from a mental perspective as real child pornography (and therefore, being able to prove that someone is a paedophile by being aroused by it, as you claim) compared to "regular" pornography (drawn or real), I believe there's enough reasonable doubt to not assume the person is a paedophile. In addition, while the fantasy example I used was indeed an extreme, the point still remains, which was basically that in a fictional world, fictional rules apply (no "cherrypicking" !). You can't prove that a character that doesn't exist has a certain age and many lolicon images have inconsistent or ambiguous body proportions which make their nonexistent biological "age" to be subject to interpretation.

2. Also, regarding your example about a paedophile, I urge you to consider that the biological process of our bodies is not "black or white", nor is our perception of them. In order to prove that a person is a paedophile you have to be certain that the person is only sexually attracted to pre-pubescent individuals and not cases in between that are rather ambiguous, just like in your example. Surely an 18-year old person has at least some traces of their age, even if it looks mostly pre-pubescent, not to mention the fact that the whole concept of choosing 18 as the age of consent is predicated on the notion that any individual at that age should be ready (from a biological point of view) to engage in a sexual relationship.

3. As far as evaluating whether something is art or not, I'll have to respectfully disagree, again. While I admit that I'm certainly unqualified (AKA a complete ignorant...) to discuss the definition of art, I do know that... there's not one definition of art. There's just many, many, many (a lot) of definitions by "experts" or "erudites" through time and their subsequent discussions of them, including varied perspectives/points of view, which is logical to assume that are affected by the overall views of the respective culture and time. With this in mind, there's indeed some definitions that are much broader than others and I would go with those because of their capacity to encompass different perspectives about a concept so fundamental to all cultures. Like for example, Britannica Online's definition: "the use of skill and imagination in the creation of aesthetic objects, environments, or experiences that can be shared with others", which is available on Wikipedia.

Personally, I consider the idea that only those that can "interpret" (in a specific form, like what you described) art are able to recognize its value to be pure elitism. Yes, artistic value always depends on interpretation, but that interpretation is not subject to any particular process, cultural view (including moral views, of course) or school of thought. While a certain knowledge might be required to understand some artistic elements from the creator's point of view or its process, the overall value of the work doesn't depend on it. In fact, what can be considered meaningful by an individual could be considered irrelevant for another and someone might even discover new elements of the work or have a different perspective than what it was intended by its creator. I would even argue that interpreting art doesn't have to be a purely rational exercise like you are proposing.  

Besides, even with your interpretation of art, we would have to analyse porn, lolicon or other hentai works on a case by case basis in order to determine whether it qualifies as art or not, instead of just assuming that everything that's labeled as "porn" is devoided of artistic value like you were doing.

Regarding drawings, use Erwin Panofsky's iconological method.

From what I saw on Wikipedia his ideas seem to be about understanding art to different degrees, not defining/identifying it. Nevertheless, his views would still be opinions, no matter how knowledgeable or respected are. Art is not a science, nor it should be. For the record, I'm not arguing against his views, just claiming that they're not the only valid ones. 

(note, portraying children in sexual scenarios is illegal, even if we're dealing with a genuen work of art).

Yes, although cases like Lewis Carroll's photographs are quite arguable as nudity alone is not necessarily sexual... (and assuming parent consent was given, even if this is also arguable in itself) But I don't have a conclusive opinion about that so I can't argue in favor or against it.

PS: Thanks for the welcome. ^_^

1. By "difference between reality and fiction", I was talking about a situation when a paedophile reads lolicon and sees small infants having sexual relations with adults and "liking them", thus conforming his view that "they want it".

2. The laws were established taking into consideration the normal development of a human being. Someone who had hormonal problems and was still pre-pubescent at the age of 18 would obviously not be physiologically developed enough to have sex. Also, one need not be exclusively attracted to a children in order to be a paedophile.

3. The interepretations of art I mentioned are the only genuine interpretations. Everything else is just uneducated nonsense. I see you fit in the second category of people I mentioned.

Yes, artistic value always depends on interpretation, but that interpretation is not subject to any particular process, cultural view (including moral views, of course) or school of thought. While a certain knowledge might be required to understand some artistic elements from the creator's point of view or its process, the overall value of the work doesn't depend on it.

You couldn't be more wrong in this section. Artists themselves are part of schools of thought, and they illustrate the principles of those schools of thought in their works. Not being familiar with such principles will only lead to a superficial and worthless interpretation. And you cannot isolate a work of art from the cultural context it was made in. Not being familiar with the culture in which the artwork was created in likewise makes interpretation impossible (how could anyone interpret Leonardo da Vinci's Last Supper if they have no knowledge of Chritianity?), not to mention that it would inevitably lead to subjecting it to moral views. Art is not just aesthetically pleasing material, it is much more than that.

Besides, even with your interpretation of art, we would have to analyse porn, lolicon or other hentai works on a case by case basis in order to determine whether it qualifies as art or not, instead of just assuming that everything that's labeled as "porn" is devoided of artistic value like you were doing.

But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex.

From what I saw on Wikipedia his ideas seem to be about understanding art to different degrees, not defining/identifying it. Nevertheless, his views would still be opinions, no matter how knowledgeable or respected are. Art is not a science, nor it should be. For the record, I'm not arguing against his views, just claiming that they're not the only valid ones. 

He identified levels at which you can analise art. There are other models that are similar in structure. Everything that is not art does not present those superior levels interpretation (for example porn is stuck in the pre-iconographic stage >>> it's jsut an image portraying two people having sex, there's no superior interpretation you can give it).



"I don't understand how someone could like Tolstoy and Dostoyevsky, but not like Twilight!!!"

"Last book I read was Brokeback Mountain, I just don't have the patience for them unless it's softcore porn."

                                                                               (The Voice of a Generation and Seece)

"If you cant stand the sound of your own voice than dont become a singer !!!!!"

                                                                               (pizzahut451)

"But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex. "

And how is the law to define objectively wether a work is porn or "an artistic creation that features sex"?

Besides, you do sound awfully elitist in your "right" definition of art, but I'd rather not get into that as that's actually not relevant to the discussion. Do you still maintain that anyone who could like material such as lolicon is mentally ill?



Farmageddon said:
"But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex. "

And how is the law to define objectively wether a work is porn or "an artistic creation that features sex"?

Besides, you do sound awfully elitist in your "right" definition of art, but I'd rather not get into that as that's actually not relevant to the discussion. Do you still maintain that anyone who could like material such as lolicon is mentally ill?

That's what the Miller Test is to determine (as it defines porn as any work that has no appeal outside of the prurient (gets-you-off) interests), and generally it's fairly obvious whether a work is something you're just meant to get off on, or has some sort of other meaning, though ultimately it's subjective like any judicial test, it's less subjective than most



Monster Hunter: pissing me off since 2010.

sapphi_snake said:
seiya19 said:

1. By "difference between reality and fiction", I was talking about a situation when a paedophile reads lolicon and sees small infants having sexual relations with adults and "liking them", thus conforming his view that "they want it".

2. The laws were established taking into consideration the normal development of a human being. Someone who had hormonal problems and was still pre-pubescent at the age of 18 would obviously not be physiologically developed enough to have sex. Also, one need not be exclusively attracted to a children in order to be a paedophile.

3. The interepretations of art I mentioned are the only genuine interpretations. Everything else is just uneducated nonsense. I see you fit in the second category of people I mentioned.

Yes, artistic value always depends on interpretation, but that interpretation is not subject to any particular process, cultural view (including moral views, of course) or school of thought. While a certain knowledge might be required to understand some artistic elements from the creator's point of view or its process, the overall value of the work doesn't depend on it.

You couldn't be more wrong in this section. Artists themselves are part of schools of thought, and they illustrate the principles of those schools of thought in their works. Not being familiar with such principles will only lead to a superficial and worthless interpretation. And you cannot isolate a work of art from the cultural context it was made in. Not being familiar with the culture in which the artwork was created in likewise makes interpretation impossible (how could anyone interpret Leonardo da Vinci's Last Supper if they have no knowledge of Chritianity?), not to mention that it would inevitably lead to subjecting it to moral views. Art is not just aesthetically pleasing material, it is much more than that.

Besides, even with your interpretation of art, we would have to analyse porn, lolicon or other hentai works on a case by case basis in order to determine whether it qualifies as art or not, instead of just assuming that everything that's labeled as "porn" is devoided of artistic value like you were doing.

But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex.

From what I saw on Wikipedia his ideas seem to be about understanding art to different degrees, not defining/identifying it. Nevertheless, his views would still be opinions, no matter how knowledgeable or respected are. Art is not a science, nor it should be. For the record, I'm not arguing against his views, just claiming that they're not the only valid ones. 

He identified levels at which you can analise art. There are other models that are similar in structure. Everything that is not art does not present those superior levels interpretation (for example porn is stuck in the pre-iconographic stage >>> it's jsut an image portraying two people having sex, there's no superior interpretation you can give it).

1- Ok, but you still don't have any evidence that paedophiles can't recognize the difference between lolicon and child pornography... Even if they don't know what's real and what's not (which is still arguable to what degree, if any), it doesn't mean that they can't recognize any difference. And your whole idea of "anyone that enjoys lolicon is a paedophile" depends on proving that both have the same effect. So, reasonable doubt ?  

2- Well, the main point was whether being sexually attracted to said person would constitute being a paedophile or not. And hormonal problems could be more or less noticeable, depending on the case. Obviously, since we are talking about an hypothetical example we can't corroborate the situation, but in this discussion what matters is appearance (from the accused of paedophilia's point of view), not the biological status of the other person. And I just find it hard to believe that an 18-year old person could have no traits of its actual age... but even if this is the case, it's still an extreme example and one that would need to be evaluated on its own. In addition, as I mentioned before, our perception has its limits and it's not always evident how mature a person is from a biological point of view (without close examination...).

Also, one need not be exclusively attracted to a children in order to be a paedophile.

Right, primary or exclusively attracted, as the definition states it on Wikipedia. Either way, you need more than one superficial case to prove the tendency, so the point still stands.

3- Again, art is not science. There's no way you can prove that your interpretations of art are the only valid ones. The best you can do is quote different people through time that have expressed their views on the subject (where you would definitely find disagreement and inconsistency) and maybe some modern consensus. A opinion, no matter how cult may be, is still an opinion. You're completely ignoring the historical process that the definition itself has been subject of, as well as how said views and perspectives were and are affected by their own time. You just can't pretend that nothing happened before and after the concepts you're defending. We wouldn't have a whole article in Wikipedia titled "Classificatory disputes about art" if only "uneducated" people disagreed with what you call the only "genuine" interpretations.

Artists themselves are part of schools of thought, and they illustrate the principles of those schools of thought in their works.

Yes, artists may belong to "old" schools of thought which would reflect on their work, but they could also create their own "new" school of thought. And the people that interpret said art can also be divided in schools of thought (which was what I was refering before, not being subject to one kind of interpretation). Again, it seems you believe that somehow all these "experts" that evaluate art never disagree with each others views, which is completely ridiculous, even in the same period of time. And we then have the personal style of the artist itself, of course, which can be more or less alined to said school of thought.

But, if the only way to appreciate the artistic value of a work is through complete knowledge of its time and artist as you seem to claim, then the value of older works is already lost. Clearly, it wouldn't be correct to assume that we have complete knowledge of such old times when many works of art we value today were created, as we're still discovering new things from these cultures today. And what about all the doubts about Shakespeare's authorship then ? Or how about all those works that are still anonymous today ? Are we incapable of evaluating them ? As I said before, I believe that to fully understand the creator's point of view you require these elements, but besides that, the work has its own inherently artistic value. Perhaps that value is not exactly the same as what the creator intended, but it still exists and is clearly part of the same work.

But all porn is devoid of artistic value.

I probably wasn't clear enough... Yes, porn is devoided of artistic value by definition, but I was refering to everything that is labeled "porn", where many times works appear that defy such definition. People rarely bother to actually examine works that include sexually explicit content, just including them in that category. Granted, most works that get labeled "porn" would probably fit the definition (specially acted ones, in my opinion), but that's not an excuse to make assumptions or generalizations. And believe it or not, many hentai works (lolicon or not) do include stories that can be (arguably, of course) considered valuable, besides the value of the drawn work itself. And on the other hand, people rarely act the same way with explicit violence for instance, which shows a clear cultural bias regarding these and other subjects, no matter what your definition of art is. As I mentioned before, the idea that a work ceases to be art the moment you show sexually explicit content is completely irrational and only explained by the moral views of the time, evidenced by how the evaluation of what we consider to be "taboo" or illegal has changed throughout history.

Everything that is not art does not present those superior levels interpretation

Even if we consider this to be an absolute truth (although "superior" is rather ambiguous...), it would still be subjective as different people could still have different perspectives on the same image, at different levels. For example, in sexually explicit content, different sexual positions and gestures, the settings (time/place) where these ocurrs, the kind of people involved, etc could denote various interpretations for different people, which would be more or less relevant to them. And all of this is without context in other forms like text, audio, etc or even before we take into account the style of the artist in the case of drawings. So, what if someone takes a look at one of these "filthy" images and interprets that there's value in it, beyond sexual arousal ? How can we define which arguments are valid and which aren't in a way that can be evidenced by any individual ?

Anyway... It doesn't seem that we'll reach an agreement here... I'll read your post if you have anything to add but I won't reply again unless you have a question for me.



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@seiya19:

1. Th ideea is that such material may confirm the paedophile's views and give him the necessary encouragement to enact his desires.

2. Yes, being attracted to someone who is r looks like a pre-pubescent child makes one a paedophile. Search the web. You'll find pics of 18 year olds who look like 6 year olds.

3. This is a pointless argument I think, so I won't bother adding much to it. Art is not science, but interpreting it is.

the work has its own inherently artistic value

There's no such thing. Art only exists in the mind of humans.

As I mentioned before, the idea that a work ceases to be art the moment you show sexually explicit content is completely irrational and only explained by the moral views of the time, evidenced by how the evaluation of what we consider to be "taboo" or illegal has changed throughout history.

I don't believe I ever said anything of the like. I said that porn is meant to be "jerk off material". Not every work that features sex is meant to be "jerk off material" (for example the books from The Millennium trilogy feature lots of sexual scenes, but the books themselves send an entirely different message).

although "superior" is rather ambiguous...

Superior, as in a higher level. It can be considered "higher" because it's less obvious, and cannot be seen by an uneducated person.

For example, in sexually explicit content, different sexual positions and gestures, the settings (time/place) where these ocurrs, the kind of people involved, etc could denote various interpretations for different people, which would be more or less relevant to them.

Not any interpretation is relevant, and some can be terribly far-fetched.

So, what if someone takes a look at one of these "filthy" images and interprets that there's value in it, beyond sexual arousal ?

If they can give convincing arguments, they can be taken into consideration.

 

I have a question for you, and I hope you reply: take something that you consider to be a work of art (film, book etc.), and tell me why it's a "work of art", why you consider it to be that way.



"I don't understand how someone could like Tolstoy and Dostoyevsky, but not like Twilight!!!"

"Last book I read was Brokeback Mountain, I just don't have the patience for them unless it's softcore porn."

                                                                               (The Voice of a Generation and Seece)

"If you cant stand the sound of your own voice than dont become a singer !!!!!"

                                                                               (pizzahut451)

Farmageddon said:
"But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex. "

And how is the law to define objectively wether a work is porn or "an artistic creation that features sex"?

Besides, you do sound awfully elitist in your "right" definition of art, but I'd rather not get into that as that's actually not relevant to the discussion. Do you still maintain that anyone who could like material such as lolicon is mentally ill?

MR. Khan already answered this one pretty well.



"I don't understand how someone could like Tolstoy and Dostoyevsky, but not like Twilight!!!"

"Last book I read was Brokeback Mountain, I just don't have the patience for them unless it's softcore porn."

                                                                               (The Voice of a Generation and Seece)

"If you cant stand the sound of your own voice than dont become a singer !!!!!"

                                                                               (pizzahut451)

sapphi_snake said:
Farmageddon said:
"But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex. "

And how is the law to define objectively wether a work is porn or "an artistic creation that features sex"?

Besides, you do sound awfully elitist in your "right" definition of art, but I'd rather not get into that as that's actually not relevant to the discussion. Do you still maintain that anyone who could like material such as lolicon is mentally ill?

MR. Khan already answered this one pretty well.

Errr. I think you guys have a weak argument actually. There are such thing as loli pornography. Are you guys saying that loli "art" is okay, but loli "porn" isn't?

Look, this artistic argument itself is stupid. The question should be, "What's the consequence of allowing loli pornography to be purchased or owned"?

My answer: Nothing, as of now. No individual is having their rights violated by the creation and ownership of such material, and no negative social effects have been scientifically found yet.



Akvod said:
sapphi_snake said:
Farmageddon said:
"But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex. "

And how is the law to define objectively wether a work is porn or "an artistic creation that features sex"?

Besides, you do sound awfully elitist in your "right" definition of art, but I'd rather not get into that as that's actually not relevant to the discussion. Do you still maintain that anyone who could like material such as lolicon is mentally ill?

MR. Khan already answered this one pretty well.

Errr. I think you guys have a weak argument actually. There are such thing as loli pornography. Are you guys saying that loli "art" is okay, but loli "porn" isn't?

Look, this artistic argument itself is stupid. The question should be, "What's the consequence of allowing loli pornography to be purchased or owned"?

My answer: Nothing, as of now. No individual is having their rights violated by the creation and ownership of such material, and no negative social effects have been scientifically found yet.

Actually, graphic images portraying children in sexual situations is simply illegal, regardless of whether it's featured in a genuine work of art or not.



"I don't understand how someone could like Tolstoy and Dostoyevsky, but not like Twilight!!!"

"Last book I read was Brokeback Mountain, I just don't have the patience for them unless it's softcore porn."

                                                                               (The Voice of a Generation and Seece)

"If you cant stand the sound of your own voice than dont become a singer !!!!!"

                                                                               (pizzahut451)

sapphi_snake said:
Akvod said:
sapphi_snake said:
Farmageddon said:
"But all porn is devoid of artistic value. By definition pornography is the portrayal of explicit subject matter meant to cause sexual satisfaction and excitement. That's the sole intent pof porn. If it does more than that, then it is not really porn, but an artistic creation that features sex. "

And how is the law to define objectively wether a work is porn or "an artistic creation that features sex"?

Besides, you do sound awfully elitist in your "right" definition of art, but I'd rather not get into that as that's actually not relevant to the discussion. Do you still maintain that anyone who could like material such as lolicon is mentally ill?

MR. Khan already answered this one pretty well.

Errr. I think you guys have a weak argument actually. There are such thing as loli pornography. Are you guys saying that loli "art" is okay, but loli "porn" isn't?

Look, this artistic argument itself is stupid. The question should be, "What's the consequence of allowing loli pornography to be purchased or owned"?

My answer: Nothing, as of now. No individual is having their rights violated by the creation and ownership of such material, and no negative social effects have been scientifically found yet.

Actually, graphic images portraying children in sexual situations is simply illegal, regardless of whether it's featured in a genuine work of art or not.

Err... Your point?