My farewell

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mindseye: [quote author=Maximillian link=board=99;num=1068001982;start=40#58 date=11/05/03 at 18:57:52]While the Child Pornography Laws may be grey enough to supposedly allow fictional depictions of that subject, Federal laws dont, including the laws against Sexual Exploitation of Minors and others.[/quote]

Here we go again. If the depiction is fictional -- these are exactly your words, mind you -- then no one's been exploited. Because it didn't happen. It's fiction.

The rest of your argument is completely hollow. For every source you posted, you quoted an excerpt out of context that appeared to support your point, but conveniently omitted the context that distinguishes pictures from text. I'm pointing out these omissions so that other people aren't misled:




Also, the LPSG message board is located on a server in California, California has C.P.C. § 311. "This statute applies to all possessing and publishing for sale or distribution of sexual conduct by a minor." ( http://www.wklaw.com/areas_internet.html )

The very next sentence after the one you quoted on that page specifies that this applies to images. Pictures.

Also found these on the Department of Justice website "At the same time, priority is always given to cases involving the use of minors in producing pornography and cases involving the interstate or foreign shipment of material depicting minors engaged in sexually explicit conduct." ( http://www.usdoj.gov/criminal/ceos/obscenity.htm )

Read that again. The terminology is specific here: "involving the use of minors in producing pornography". If I shoot kids having sex on film, I have to use minors to do that. If I type a story by myself, on my keyboard -- even if the story were true -- I haven't used minors in the typing of the story.

Another interesting link is the one that covers Title 18, Part I, Chapter 110, Section 2252 of US Code, "Certain activities relating to material involving the sexual exploitation of minors" you can read it here ( http://www4.law.cornell.edu/uscode/18/2252.html )

Again, you omit the fact -- specified in paragraphs 1(a) and 2(a) from your own source -- that a minor has to be involved in the actual production. Taking a photograph, shooting film, having a kid pose for an oil painting -- all of these require that a minor be involved. Typing up a description of a dream I had doesn't require that a minor be involved.

Now lets look at the definition of child pornography:

''child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct"

Visual depiction is the semi-grey area here, however is not a monitor a visual thing even when it includes text only?

And here, once again, you're ignoring the facts that don't fit your view of things. You only quoted part of the definition, which continues on to say, "where (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; ..."




Frankly, neither of us are lawyers, and it's childish of both of us (I'm big enough to admit I'm going overboard here, too) to argue the legal point.

So here's the bigger point that I want to raise. You wrote:

Why not be part of the solution and not part of the problem?

The way I see it, I am being part of the solution. As a card-carrying (they're white and blue, by the way) member of the ACLU, I get a lot of flak from people because the ACLU defends the low-life scum of the earth -- smut peddlers, Klansmen, paramilitary extremist wackos.

I believe that in order to be free, we have to remove the barriers that prevent the exchange of ideas. We have to accept as a consequence of that commitment to freedom, that the expression of some of these ideas will make us uncomfortable.

Does that mean I have to sit idly by, passive and helpless, while other people post dog-rapes-baby stories on line? Of course not -- I have to accept that they have the right to say disgusting and hurtful things, but I have the right to use my voice to object, to point out the ways in which this type of speech can negatively influence others, to elevate the dialogue by pointing out healthier alternatives to that kind of fantasy.

Banning the publication of offensive thoughts doesn't make those thoughts go away -- it doesn't solve any problem except our unwillingness to face them.
 
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H8Monga: Is there any of the material in question present on the board right now? I don't read the stories section and have no idea what stories were posted (I came a little too late). As fae as things go at the moment, we're still a legal ship right? The bad's been deleted right?
 
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Inwood: [quote author=Maximillian link=board=99;num=1068001982;start=0#0 date=11/04/03 at 19:04:02]I have a serious conflict of interest and ethics with some things that are being allowed on this board. Rather than place the board in jeopardy, or compromise My principles, I find it better for Me to withdraw as long as these things are allowed. I cannot sit by and not take the appropriate actions regarding things that break any laws if I have knowledge of such things. So its best that I leave the board and not have to do this.[/quote]

I think a person should always do what is best for them.

I do have a question though since everyone's slinging out laws. What are the laws regarding BDSM in the US? One of the groups of gay leather men in my area have been raising money to help two men who were burst in upon by the police during a paddling session and are/were facing time in jail if convicted. I haven't been able to find out anything on the internet yet. I put in BDSM and law and, well, I have a like a million hits pertaining to everything but laws. Anyone have any leads?
 
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mindseye: [quote author=Inwood link=board=99;num=1068001982;start=60#62 date=11/05/03 at 21:13:59]I do have a question though since everyone's slinging out laws. What are the laws regarding BDSM in the US?[/quote]

Uncommon Ground gives a fairly comprehensive list of Colorado statutes (that's where they're based) that are relevant.

However, that page was written before Lawrence vs. Texas, a Supreme Court decision from earlier this year that read, in part, "The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government." Although this ruling was applied to a sodomy conviction, it's worded broadly enough to make future case law in this area interesting.
 
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9cyclops9: [quote author=norseman link=board=99;num=1068001982;start=40#59 date=11/05/03 at 19:44:22]Finally, the Jerry Springer moment we've all been waiting for....

Are we done here yet ?  Some people disagreed with Board policy, got pissed off and left.  Right ?   Alrighty then.  See ya.  Now you've got your own sandbox to play in.  Have a nice day.

Norse[/quote]

I take particular offense to this. I am currently on both boards, and the attitude on the new board is this: let's not make this an "us vs. them" thing.

We don't want animosity between the boards. We are all still friends with many members of this board, but some of us don't post here anymore (I do). Why is there such a negative attitude towards the people on the other board? They left, big deal. They meant no offense by it, but you people are getting your feathers all ruffled up. Are we not allowed to disagree? Are we not allowed to post in both places? Are we looked down upon because we stick to our beliefs? We hold nothing against anyone here (hell, I'm still here, aren't I?), we just feel we can't stay here any longer and still be true to our beliefs. If you can't respect that, then you have no business saying people should be able to post what they want either. It goes both ways. People are allowed to post incestuous stories, people are allowed to disagree. Quit being so puerile and just accept the fact that some people cannot visit this site with a clear conscience. If you can, that's fine also. But quit flaming the ones that left.

John
 
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Javierdude22: [quote author=mindseye link=board=99;num=1068001982;start=60#60 date=11/05/03 at 20:31:54]
I believe that in order to be free, we have to remove the barriers that prevent the exchange of ideas.  We have to accept as a consequence of that commitment to freedom, that the expression of some of these ideas will make us uncomfortable.    


Banning the publication of offensive thoughts doesn't make those thoughts go away -- it doesn't solve any problem except our unwillingness to face them.[/quote]

In my very personal opinion Mindseye, your arguments are very flawed. Like Monstro, what you are kinda trying to say is that we are somehow in the frontlines of the free speech move. Well, were not, and we'll never be as we are a site about dicks. Never will we be anywhere near afrontline, or now that I think of it, maybe in the underground, and the only frontline will be that we discuss 'such cool things as bestiality and childporn'.

Does that mean I have to sit idly by, passive and helpless, while other people post dog-rapes-baby stories on line?  Of course not -- I have to accept that they have the right to say disgusting and hurtful things, but I have the right to use my voice to object, to point out the ways in which this type of speech can negatively influence others, to elevate the dialogue by pointing out healthier alternatives to that kind of fantasy.

Well, I think we are still in debate over whether they have the right to post those 'grey area' stories. In my opinion, the area is so grey, that if a precedent hasn't been set yet, the first will be the determining one. Many laws are open for interpretation, and what if you catch  conservative judge (not uncommon) who will forever put a black mark on your resume/life? I can understand why people with professional career flee the board, and come to think of it, my country is very much against ANYTHING regarding child porn. It's the risk, can you not see that?  

I also think it's a rather weak argument that we should pursuade the offenders through words that their stories are wrong/(open for interpretation), as they have a right' (you guys create that right or not) to post this. Let's exaggerate this a bit. What if a poster were to precisely describe how he/she would kill his spouse (or anyone else). Im talking details here. Are we then gonna ay...'O no dear Sir, this is very wrong, try to think háppy, flúffy thoughts'. No...you think: get the hell outta here ya freak!

A line has to be drawn somewhere, and as child porn in my book is a serious legal and moral offense (don't care if it's written or not), than I can understand people leave.

Again, I would like to remind you and Mark of the time and effort some of the leaving posters have put in this board. And no, you cannot give into the whims of any regular poster, but this is not a whim.
 
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Javierdude22: I am also getting a bit ticked off that we haven't heard from Mark yet. Mindseye, when are we gonna hear something, or is there a 'don't react it'll blow over' policy goin' on here?

This deserves a reaction, and today sooner than tomorrow.
 
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rainfletcher: I have to admit that my opinion is sort of evolving on this. I'm sure this thread will live on for some time, and I'll have ample time to ponder this and respond before the thread dies.

But there's something that's a bit on my nerves. Is anyone else annoyed that Maximilian is still posting? i mean, with tremendous fanfare, He left. Which is fine, He has the right to do that without any criticism.

But, then He complains that people are trashing He and sammy, and then posts under His old name, then deletes His account again.

If this place is so bad, then why keep checking the posts? Unless He's as addicted as i am...:) Withdrawl can be a bitch, let me tell You!
 

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[quote author=Javierdude23 link=board=99;num=1068001982;start=60#68 date=11/06/03 at 02:32:38]I am also getting a bit ticked off that we haven't heard from Mark yet. Mindseye, when are we gonna hear something, or is there a 'don't react it'll blow over' policy goin' on here?

This deserves a reaction, and today sooner than tomorrow. [/quote]

My guess is that Mark is (and should be) allowing Mindseye and his moderators to speak for him.  That's part of the reason we're here.

But by way of information, (I'm certain he won't mind being quoted by a moderator) here is a statement Mark made to the mods in the Lounge:

I absolutely hate censorship.  Stories about bestiality are allowed.  In fact, stories about ANYTHING are allowed here.  If you don't like what someone has posted, you have as much of a right to tell them how you feel as that person does to post his or her fantasies or stories.  Or, another way to look at it is this:  If you don't like it, don't read it.

And as much as I appreciate the help that all of you are offering, if you don't feel comfortable being a part of a message board that allows complete freedom of expression, then you should probably find other ways to spend your free time.


'Nuff said.
 
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awellhungboi: [quote author=Hapi Papi link=board=99;num=1068001982;start=60#61 date=11/05/03 at 21:02:41]Is there any of the material in question present on the board right now?  I don't read the stories section and have no idea what stories were posted (I came a little too late). As fae as things go at the moment, we're still a legal ship right? The bad's been deleted right?[/quote]

Hapi, I spent the hours from approx 7 to 9 Sunday morning reading everything in fictitious stories.  This was before all of this stuff got started.  I deleted the Humoungous stories, there was another story about some kid having sex with an adult that I also deleted.  I don't remember who posted it.  That's what I thought I was there for at the time.  I'm no lawyer, but while I'm sure there's some stories remaining that people will find objectionable, I doubt there are any that are illegal. Might there be highly objectionable stories published sometime in the future, in any of the ten possible dimensions postulated by stringtheory? Mmm, sure.   :-/

I'm not going to delete anything else unless Mark says it's okay.

I saw very little evidence of kiddie porn, folks.  There's quite a few stories in there that are very good.  Quite a few that aren't to my taste.  One or two that are, frankly, barely in English.  And yeah there's some edgy stuff in there that made me uncomfortable reading it--Sudas' stories, mainly.  But I didn't delete those.

Let me tell you the majority of what is there, though.  We have Geo's incredible memoirs.  We have a beautiful couple of stories from Allie.  Poems from Inquiring Mind.  We have a great story about a genie who grants a man a wish to have a huge penis (and no, not a 12 inch pianist).  If you look past the first few pages you'll see stories by DMW, Dee, Raal Lexx, and lots of other good stuff.  I ain't crazy, really, about the way F.S. keeps being portrayed as this sewer, unfit for decent folks, but perfect for people like Monstro.  We're the ones posting there, everybody.  

Maybe an option would be giving folks the option of deleting their own posts again.  That way if somebody posts, say, a dog fuck story, if enough of us got on his/her back, (and you know we would)  the poster would be able to delete it him/herself.   ???  Not perfect, of course, but a thought.

Whew, who knew I was so longwinded this early in the morning?
 
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Javierdude22: Pecker - Yeah I read that response from Nony as well, but I still think it's rather impersonal.

But you're right:

'Nuff said

laterz
 
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wvalady1968: [quote author=Pecker link=board=99;num=1068001982;start=40#55 date=11/05/03 at 18:32:48]What fight?

[/quote]

Sorry, Pecker, I assure you that no coups are planned. :D

"Fight" as in "don't run away when things get tough, stand up for what you believe in".

And I also want to say that I admire anyone who takes a moral stand that differs. I just wish they'd stay.
:'(
 
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awellhungboi: Yeah, I wish they'd stay too, Allie.

This all is making me very sad.  I actually made friends here and it hurts that some of them are leaving, or angry. It sucks.   :'(  
 
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Donk: [quote author=mindseye link=board=99;num=1068001982;start=60#60 date=11/05/03 at 20:31:54]

So here's the bigger point that I want to raise.  You wrote:


The way I see it, I am being part of the solution.  As a card-carrying (they're white and blue, by the way) member of the ACLU, I get a lot of flak from people because the ACLU defends the low-life scum of the earth -- smut peddlers, Klansmen, paramilitary extremist wackos.  

I believe that in order to be free, we have to remove the barriers that prevent the exchange of ideas.  We have to accept as a consequence of that commitment to freedom, that the expression of some of these ideas will make us uncomfortable.    

Does that mean I have to sit idly by, passive and helpless, while other people post dog-rapes-baby stories on line?  Of course not -- I have to accept that they have the right to say disgusting and hurtful things, but I have the right to use my voice to object, to point out the ways in which this type of speech can negatively influence others, to elevate the dialogue by pointing out healthier alternatives to that kind of fantasy.

Banning the publication of offensive thoughts doesn't make those thoughts go away -- it doesn't solve any problem except our unwillingness to face them.[/quote]

As I understand the current controversy, the bigger point here is not about legalities or even banning the publication of offensive thoughts, it's about whether this forum is intended to be a forum for pornography (N.B. that the word literally means "fleshly writing") about sex with kids and animals or a "large penis support group." People have plenty of outlets on the internet to express themselves about pedophilia and bestiality. The issue is whether this forum will degenerate into one of them or if we will adopt a common-sense policy refusing to allow people to hijack this board as a forum to discuss a couple of topics that go beyond offensive.

Declaring this board off-limits for discussions about fucking children and animals would leave a gigantic variety of topics available for discussion with absolute freedom and have no effect whatever on the ability of people who want to discuss those two topics to discuss them elsewhere. Mark owns this board and he can do what he wants with it. If he wants it to be about sex acts with children and animals, so be it, that's his call and I'll probably join the exodus. But it's my hope that common sense will prevail and that this board will remain a place where the vast majority of us can feel comfortable and free talking about everything else under the sun except those two topics.

I'll be taking the proverbial wait-and-see attitude for awhile.
 
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mindseye: [quote author=Javierdude23 link=board=99;num=1068001982;start=60#67 date=11/06/03 at 02:27:44]

In my very personal opinion Mindseye, your arguments are very flawed. Like Monstro, what you are kinda trying to say is that we are somehow in the frontlines of the free speech move. Well, were not.... [/quote]

Your use of "frontlines" suggests something a lot more combative than I'm comfortable with. As passionately as I've argued in here, I haven't attacked anyone for choosing what's right and wrong for themselves. I have attacked people for trying to impose that choice on everyone else in the board. If that constitutes a "battle" in your eyes, then I guess LPSG is currently a frontline in that battle. On Monday, someone made an attempt to categorically censor a broad range of types of posts without regard to the individual merits of those posts on a case by case basis, and I'm standing up against it.

I also think it's a rather weak argument that we should pursuade the offenders through words that their stories are wrong/(open for interpretation), as they have a right' (you guys create that right or not) to post this. Let's exaggerate this a bit. What if a poster were to precisely describe how he/she would kill his spouse (or anyone else). Im talking details here. Are we then gonna ay...'O no dear Sir, this is very wrong, try to think háppy, flúffy thoughts'. No...you think: get the hell outta here ya freak!

Okay, I'll work with your example. You've described a specific scenario. Let's say that the post is sufficiently detailed that it could rightly be perceived as a threat: "Tonight when she comes back from her bridge club, I'm going to shoot my wife in the head with my pistol." Then we have enough information in this case to take the appropriate action. We can clearly see an actual danger here.

Let's say on the other hand, that the post is pretty obviously not a threat, but just someone letting off steam -- "My wife likes cats, but I hate 'em. One of these days I'm gonna bonk her over the head with one of these cats!" -- not detailed enough to be a threat, and the details that are given are a too unrealistic to be taken seriously. Would you suggest deleting that post, or would you suggest working with the poster to calm him down and find the source of the problem? (Personally, I wouldn't suggest happy fluffy thoughts -- coming from a cynic like me, that would sound mocking.)

If you can see that these two scenarios are different, then congratulations -- you have the skills to evaluate content on a case-by-case basis and to differentiate between a post that's merely unpleasant and a post that's dangerously overboard.

On the other hand, what if you were a moderator for a board that had a blanket rule ahead of time that said, pre-emptively, "No one shall post anything about killing his or her spouse."? Now your hands are tied -- you can't exercise your good discretion because someone's robbed you of that privilege.

I'm not speaking for Mark -- never have, never will. But if I had appointed people moderators, it'd because I trusted them to be able to exercise discretion. I'd be disappointed if instead, they abandoned that discretion for a set of black-and-white rules that they don't have to interpret. ("If it mentions an animal, it goes. If it mentions a child, it goes.")
 
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awellhungboi: [quote author=mindseye link=board=99;num=1068001982;start=60#76 date=11/06/03 at 06:11:06]

Your use of "frontlines" suggests something a lot more combative than I'm comfortable with.  As passionately as I've argued in here, I haven't attacked anyone for choosing what's right and wrong for themselves.  I have attacked people for trying to impose that choice on everyone else in the board.  If that constitutes a "battle" in your eyes, then I guess LPSG is currently a frontline in that battle.  [/quote]

For the record, mindseye, I had initially used the phrase 'front lines' in an earlier post--but in a very broad sense, meant entirely metaphorically--and probably very ill-chosen on my part. That's what Javier is alluding to.

I can't seem to do anything right these days. :(
 
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Javierdude22: [quote author=mindseye link=board=99;num=1068001982;start=60#76 date=11/06/03 at 06:11:06]

Your use of "frontlines" suggests something a lot more combative than I'm comfortable with.  As passionately as I've argued in here, I haven't attacked anyone for choosing what's right and wrong for themselves.  I have attacked people for trying to impose that choice on everyone else in the board.  If that constitutes a "battle" in your eyes, then I guess LPSG is currently a frontline in that battle.  On Monday, someone made an attempt to categorically censor a broad range of types of posts without regard to the individual merits of those posts on a case by case basis, and I'm standing up against it.[/quote]

You miunderstood me, I meant 'in the frontlines of the free speech movement'. Meaning, thinking the LPSG will become a mascotte for free speech. i think that is what Monstro meant as well. My response was that it will never become as such as it is a site about dicks. No such ste will ever become more than it is: fun.

Okay, I'll work with your example.  You've described a specific scenario.  Let's say that the post is sufficiently detailed that it could rightly be perceived as a threat:  "Tonight when she comes back from her bridge club, I'm going to shoot my wife in the head with my pistol."   Then we have enough information in this case to take the appropriate action.   We can clearly see an actual danger here.

You didn't understand the exampl I was trying to put forward. Your exampl of 'I hate cats, one day i'll bonk my wife over the head' is merely a remark, and clearly not a threat. I was talking about someone putting in 'fictitious stories' about killing someone, in detail, but expressing that 'of course, they would never do it' . But the description would not merely be a remark, but a short story almost. Details of how, what, where and when. the story would mak your stomache run around it's axis. But: it's fiction so he says.

Donk said it more eloquent than myself, what does a site of penises have anything to lose with not having those kinds of stories? Is it really your moral value of total free speech getting in the way of that? Sometimes one shouldn't have a right to express every dirty little thing that our minds come up with, be it fntasy an fiction or something you desire to enact in reality. maybe, instead of letting it all out, it shows of bigger charcter, responsability, morality, and general sanity, to nót let it out, and keep it our own little fantasy.
 
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gigantikok: [quote author=Rain link=board=99;num=1068001982;start=60#69 date=11/06/03 at 03:41:26]If this place is so bad, then why keep checking the posts?[/quote]
I really don't know, but Max isn't the only ex-LPSGer that is lurking around.  Nony emailed me asking me to edit a part of a post using an excerpt from an email she sent me without her permission.  My fault, but shows that she is clearly still visiting the site. So why delete your account if you are still going to check out the site?  I guess officially disassociating yourself from the site officially diassociates yourself from the questionable material.  My guess, anyway, but they really didn't have to erase their accounts.  They could have just stopped posting for awhile and waiting for a resolution to be made in regards to the fictitious section...

And judging from Max's response, some of them were clearly not ready to totally let this site go.