Hi, IANAL, but this discussion has got me wondering were we should draw the line. Summary: in my opinion, if you intend on uploading a package which as fair chances of being classified as pornography *somewhere*, please don't. Argumentation follows (Nils, obviously I'm not meaning you by "you"):
Le 10/03/2014 16:29, Walter Landry a écrit : > Nils Dagsson Moskopp <n...@dieweltistgarnichtso.net> wrote: >> Bas Wijnen <wij...@debian.org> writes: >>>>> I am going to start with trying to package "Bernd und das Rätsel um >>>>> Unteralterbach" - a visual novel set in present-day bavaria containing >>>>> (optional) erotic content >>> >>> The erotic content is not optional, AFAICS. Only the abuse is optional. >> >> As far as I understand it, in Germany, for a text / recording / drawing >> to be a criminal matter, it must depict actual abuse – meaning a child >> has to be abused for the document to be created. Off-topic: Does this >> mean that the stereotypical hentai comics that commonly depict rape, >> child abuse, dismemberment etc. are not legal to posess in NL as well? >> >> Quote: <http://www.zeit.de/politik/deutschland/2013-06/kinderpornographie> > > The US seems to be more strict. A man was convicted in 2010 for > sending Hentai comics through the mail. > > > http://www.escapistmagazine.com/forums/read/7.175488-Hentai-Collector-Sentenced-to-Jail-Over-Obscene-Material [1]French Law is pretty strict on the matter too: "Le fait, en vue de sa diffusion, de fixer, d'enregistrer ou de transmettre l'image ou la représentation d'un mineur lorsque cette image ou cette représentation présente un caractère pornographique est puni de cinq ans d'emprisonnement et de 75 000 euros d'amende." The law speaks of "representation", meaning drawings are (presumably) covered as well. I'm saying "presumably" because I haven't looked for actual examples of application of this law to drawings, but the text is pretty clear. If the image depicts a child younger than 15, it's even illegal to draw it, even if nobody else than you ever sees it. Of course, distributing such images is as illegal as producing them. Interesting detail, the jail sentence and the fine are worse if you use the Internet to distribute the material. Paedophilia prevention laws aside, if we started shipping any material that could be *considered* pornographic in any jurisdiction, we would have to take technical measures to prevent minors from accessing our archive, or we would put ourselves, our mirrors and our users at risk of prosecution for failing to protect minors from pornography. I'm almost certain that pornography itself or at least pornography importation is illegal in many countries, for very wide definitions of "pornography". For instance it is [2]prohibited to import "indecent or obscene articles" in the United Kingdom. I leave it to your interpretation whether a Debian mirror would be performing such importation if we had this game in the archive. Or someone casually walking through the GB customs with a set of Debian DVDs in his luggage. I think it is pretty obvious that we should not open that can of worms. Kind regards, Thibaut. [1]http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000006418095&cidTexte=LEGITEXT000006070719 [2]http://www.legislation.gov.uk/ukpga/Vict/39-40/36/contents
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