Potential test case for: Freedom of pornography Vs. Covenant

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Sleazy_Writer
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Potential test case for: Freedom of pornography Vs. Covenant

Post by Sleazy_Writer »

In CN, when you go westwards from the Forum, you'll see at your right hand (opposite to Antonius Camus' upcoming photography gallery):
Sadako Shikami's shop/venue, where she:

- Sells for L$4000, L$10000 membership to her website
- Website featuring, quote: "(...) SL | porn, xxx, erotica (...)".
- Sample contains SL-nudity. Sadako's well shaped virtual ass: [url:hcp2aeu6]http://www.sadakoshikami.com/memberspre ... kosAss.jpg[/url:hcp2aeu6]
- Shop contains one SL-nude, within this commercial/porn related context, which is not for sale.
- Other than than only 'sexy' pictures.

I think the combination of this constitutes what the Covenant on the Wiki [url:hcp2aeu6]http://www.aliasi.us/nburgwiki/tiki-ind ... d+Covenant[/url:hcp2aeu6]
calls:
"SL (...) commercial pornography", more specifically, the Covenant defines for the whole CDS:
"No SL or RL commercial pornography is permitted"

So, this would be an interesting test case!
I don't write this post out of prudishness or because I want to make life difficult for Sadako.
I simply think this would be interesting in the sense of 'freedom within a democracy' versus, 'we don't want this in our covenant and you've gotta obey our covenant'.

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Valuing Diversity

Post by michelmanen »

Such dispays are simply commercial advertising, done in a very low-key fashion and without damaging the external aspect of the area nor brining CDS into disrepute.

Under these circumstances, I do not see how the Covenant could be interpreted as applying to this situation (to say nothing of freedom of speech issues and the right to pursue a livelihood). If we truly value diversity, we cannot interpret our laws in such restrictive a manner as to ban, for all intents and purposes, anyone who doesn't behave, think and act like the majority of our citizens -and does so within the reasonable bounds of a good neighbour.

As a CARE member, Sadako would of course benefit from the help of other CARE members with legal skills in the (unlikely) event such charges would be brought against her.

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Re: Valuing Diversity

Post by Sleazy_Writer »

[quote="michelmanen":jncdi58g]Such dispays are simply commercial advertising, done in a very low-key fashion and without damaging the external aspect of the area nor brining CDS into disrepute.

Under these circumstances, I do not see how the Covenant could be interpreted as applying to this situation (to say nothing of freedom of speech issues and the right to pursue a livelihood). If we truly value diversity, we cannot interpret our laws in such restrictive a manner as to ban, for all intents and purposes, anyone who doesn't behave, think and act like the majority of our citizens -and does so within the reasonable bounds of a good neighbour.

As a CARE member, Sadako would of course benefit from the help of other CARE members with legal skills in the (unlikely) event such charges would be brought against her.[/quote:jncdi58g]
I agree it's low-key and without doing any or much harm to the area, nor do I want to charge Sadako with anything.
But, Michel, what would constitute "SL commercial pornography" in your opinion?
Clearly visible graphic images as advertising? (I don't see "clearly visible" or "graphic" or "large" in the covenant)

Wouldnt disallowing *such* a thing (by means of a covenant) go against freedom of speech issues and the right to pursue a livelihood?
If the answer is yes, clearly our covenant takes away some freedoms.
I mean, at what point are things allowed or not?

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Re: Valuing Diversity

Post by Aliasi Stonebender »

[quote="TOPGenosse":1u057drw]
I agree it's low-key and without doing any or much harm to the area, nor do I want to charge Sadako with anything.
But, Michel, what would constitute "SL commercial pornography" in your opinion?
Clearly visible graphic images as advertising? (I don't see "clearly visible" or "graphic" or "large" in the covenant)

Wouldnt disallowing *such* a thing (by means of a covenant) go against freedom of speech issues and the right to pursue a livelihood?
If the answer is yes, clearly our covenant takes away some freedoms.
I mean, at what point are things allowed or not?[/quote:1u057drw]

Not necessarily; it's not been held as such in most countries that freedom of speech necessarily includes every single possible possible form of expression. ('Fire' in a crowded movie theatre, the restricting of violent movies/video games, laws decreeing a strip club can't open right next to a church or school).

I'm not saying I agree with that argument - or at least all cases of it, the 'fire in a theatre' one is the one hard to argue against.

That said, 'a single naked, sexily-posed figure' does not constitute pornography, for me. Playboy ain't porn. Only my opinion, however, and if I'm still Chancellor after the election, my policy of not seeking out covenant infringements but only responding to those I receive complaints about will still be in effect. If it doesn't bother anyone, it's not an infringement.

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Post by michelmanen »

Thank you Aliasi for clearing this up before it gets out of control.

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Post by michelmanen »

By the way, Aliasi, could you please have a look at this thread: http://forums.neufreistadt.info/viewtopic.php?t=862
and let us know what your position would be on organizing a dance in a dance club environment in a privately owned roman temple, when our citizens request it, and at the end immediately de-rezzing such an environment? It wouldn't be against covenant rules to "have a dance" in CN, under a domed roof, would it?

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Post by Sleazy_Writer »

OK, you've got some good arguments there Aliasi, I should have thought of it :-)
I still think it's a dubious case, but you won't receive a complaint from me, so:

It's not an infringement.

- - -
Still doesn't clarify the covenant IMO, but if no one's in the mood for discussing it, I'll leave the subject alone.

Ranma Tardis

nani??

Post by Ranma Tardis »

TopGenosse, are you proposing that CDS officials start going through citizens homes looking for commerical porn both rl and sl? I really hate prudes and will not tolerate my home being invaded by them. If you dont like the inside of my private home stay outside.
Please tell me more about your thoughts of enforcing your morals on the citizens of the CDS. Will someone start enforcing a dress code in the baths? What next?

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