Re: Unteralterbach visual novel (was: Re: Introduction)

2014-03-10 Thread Miriam Ruiz
2014-03-10 2:44 GMT+01:00 Bas Wijnen wij...@debian.org:

 For that reason, I would advise not to include this game in Debian (and
 not to spend your time on packaging it).  But note that I'm not setting
 the rules here.  If you feel strongly that it adds value to the system,
 feel free to explain why, and please also explain why you think that my
 objections are less important than the contributions.

 Finally, I'm pleased to see someone here who is interested in packaging
 visual novels.  I like that concept, and would certainly like to see
 more of them in Debian.  Just not this one.

Lots of thanks for your efforts analyzing it. I am so looking forward
to having visual novels in Debian too. I haven't had time to even test
this one (I can understand some German, but I'm not fluent in it, and
that means quite an effort and time, as well as not really
understanding everything that goes on), apart from seeing the graphics
in the web page, and reading the comments in previous mails. I find
your description of the game very disturbing, and I'm thinking that it
may be even be triggering for some people.

Having read your report, even if someone decided to package it, I
wouldn't advise to include it in the archive without speaking
beforehand with lawyers that could advice us on the possible risks.
I'm not familiar enought with the law in different countries to know
what's allowed or not, but from your analysis I fear that by
distributing it we might be puting in risk the administrators of some
of our mirrors, and I'd like to be sure that's not the case. On the
other hand, it's almost impossible to make something that it's not
illegal in at least one country in the world. For example, I would be
a strong supporter of having LGBT-themed games in the archives, and
they might not be legal in Russia.

I really appreciate your effort in analysing a game as hard as this
one might seem. Lots of thanks!

Greetings,
Miry


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Re: Unteralterbach visual novel (was: Re: Introduction)

2014-03-10 Thread Nils Dagsson Moskopp
Bas Wijnen wij...@debian.org writes:

 Summary: I've tried the game, and don't think it's suitable for
 Debian.

Summary: I think I have understood Bas' objections and agree to an
extent. However, I disagree with his conclusion that the game is not
suitable for inclusion in a free operating system software collection.

 Welcome, Nils!

 (Keeping you separately addressed because you were in the message I'm
 replying to; please say so if you are subscribed.)

Thank you. I happen to be subscribed to the debian-devel-games list.

 (Also, I've seen remarkably few replies to this; for anyone replying,
 please keep debian-devel-ga...@lists.debian.org in the loop.)

 On Tue, Mar 04, 2014 at 08:39:20PM +0100, Mateusz Jończyk wrote:
 2014-03-03 18:37 GMT+01:00 Nils Dagsson Moskopp 
 n...@dieweltistgarnichtso.net:
  I am not that interested in most video games, as I think they
  contain needless grinding. However, I am interested in games with
  interesting mechanics or story,

 I agree that those are often very interesting.

  I am somewhat anxious about packaging Unteralterbach, as it may show
  - depending on player choices - content pertaining to sexual abuse,
  bdsm, consent, moral panics, slut shaming, virgin shaming, religion,
  etc. and makes fun of the german federal police and several
  contemporary public figures. However, I believe that the author has
  handled these issues in a suitable manner, delivering a compelling
  story based on these themes.

 This got me interested, so I went to check out the game to see how bad
 it was, and if it would be suitable for Debian.  I'll give facts first,
 then my (perhaps not so relevant) opinion.  I am Dutch, and understand
 German, so that was no barrier.

Thank you for actually going out and having done that. I appreciate your
honest effort to give a third-party evaluation. Many people critical of
something do not ever do that.

 First of all, I didn't finish the game, and certainly didn't examine all
 possible paths; I only played it a bit to see what it was like.  I think
 I got a good idea, but the ending may seriously alter some things I'm
 saying.  Then again, I didn't stop playing for writing this post; I
 stopped because I couldn't handle it anymore.  I think you'll understand
 after reading the rest of this post.  This is relevant, because it means
 that even if the ending fixes some things, it will not be seen by all
 players.

This actually does surprise me – lots of people I know have played the
game and the most common reason to stop playing was that it was “too
much text”, implying those people just don't like visual novels. But
then they all happen to be male and female 20-somethings who are
comfortable with contemporary imageboard culture.

  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.
 The first time you get to a point where you can see it, you have to
 click a button that says I'm mentally ill and want to see this.  Given
 that these are (drawn) images of child abuse, I think they are actually
 criminal to possess in many countries (including mine, the Netherlands,
 so I have already deleted the game).  I'm pretty sure we cannot
 distribute them in Debian, not even in non-free.  So for the rest of the
 post, I'm assuming that those images are not in the game.

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

 Demgegenüber sah sie bei kinderpornografischen Romanen, Zeichnungen
 und Zeichentrickfilmen den Strafgrund der Regelung nicht als erfüllt
 an, weil deren Besitz nicht dazu beitrage, dass Kinder als
 Darsteller bei pornographischen Aufnahmen missbraucht würden.

As the plot does not rely on the shock value of abuse images, I do
understand completely that you find it disturbing even without them.

 Seriously, I have visited the site of the game and from one of the
 screenshots (with the small girl with horns) it seems like the game
 has something to do with child sexualization. I am not fluent in
 German, but the text there seems to also suggest so.
 
 It would be best to disable the contentious content in Unteralterbach
 as without it the game is playable (as You stated) and hopefully quite
 fine.

 Your impression that it has something to do with child sexualization
 is a formidable understatement.  That's what the entire game is all
 about.  The protagonist starts working for the police department going
 after child pornography producers.  These producers turn out to be 

Re: Unteralterbach visual novel (was: Re: Introduction)

2014-03-10 Thread Miriam Ruiz
2014-03-10 14:48 GMT+01:00 Nils Dagsson Moskopp n...@dieweltistgarnichtso.net:

 Miriam Ruiz mir...@debian.org writes:
 in the web page, and reading the comments in previous mails. I find
 your description of the game very disturbing, and I'm thinking that it
 may be even be triggering for some people.

 I would like to avoid that problem by clearly labeling the game package,
 similar to how fortunes-off is labeled (Please do not install this
 package if you or your users are offended by depictions of [...]).

Yup, we'd certainly do that in the description of the package. It is
important that anyone has a clear idea of what it is before installing
any package.

 I remember having read a page about a more formalized game labeling
 effort of the Debian Games Team, but I could not find the web page.

It's something I have been looking into for a while, but it hasn't
been implemented up to a usable level for the moment, and I have never
been sure if there was demand for it, or if it was just a crazy idea
of mine:

https://wiki.debian.org/OpenRating

 Having read your report, even if someone decided to package it, I
 wouldn't advise to include it in the archive without speaking
 beforehand with lawyers that could advice us on the possible risks.
 I'm not familiar enought with the law in different countries to know
 what's allowed or not, but from your analysis I fear that by
 distributing it we might be puting in risk the administrators of some
 of our mirrors, and I'd like to be sure that's not the case. On the
 other hand, it's almost impossible to make something that it's not
 illegal in at least one country in the world. For example, I would be
 a strong supporter of having LGBT-themed games in the archives, and
 they might not be legal in Russia.

 I agree and consider it a bad thing if anyone suffers because of this.

 How are these issues handled currently?

I honestly don't know. Probably the DPL might have an idea, or maybe
someone in Debian Legal.

Greetings,
Miry


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Re: Unteralterbach visual novel (was: Re: Introduction)

2014-03-10 Thread Nils Dagsson Moskopp
Miriam Ruiz mir...@debian.org writes:

 2014-03-10 2:44 GMT+01:00 Bas Wijnen wij...@debian.org:

 For that reason, I would advise not to include this game in Debian (and
 not to spend your time on packaging it).  But note that I'm not setting
 the rules here.  If you feel strongly that it adds value to the system,
 feel free to explain why, and please also explain why you think that my
 objections are less important than the contributions.

 Finally, I'm pleased to see someone here who is interested in packaging
 visual novels.  I like that concept, and would certainly like to see
 more of them in Debian.  Just not this one.

 Lots of thanks for your efforts analyzing it. I am so looking forward
 to having visual novels in Debian too. I haven't had time to even test
 this one (I can understand some German, but I'm not fluent in it, and
 that means quite an effort and time, as well as not really
 understanding everything that goes on), apart from seeing the graphics
 in the web page, and reading the comments in previous mails. I find
 your description of the game very disturbing, and I'm thinking that it
 may be even be triggering for some people.

I would like to avoid that problem by clearly labeling the game package,
similar to how fortunes-off is labeled (“Please do not install this
package if you or your users are offended by depictions of […]”).

I remember having read a page about a more formalized game labeling
effort of the Debian Games Team, but I could not find the web page.

 Having read your report, even if someone decided to package it, I
 wouldn't advise to include it in the archive without speaking
 beforehand with lawyers that could advice us on the possible risks.
 I'm not familiar enought with the law in different countries to know
 what's allowed or not, but from your analysis I fear that by
 distributing it we might be puting in risk the administrators of some
 of our mirrors, and I'd like to be sure that's not the case. On the
 other hand, it's almost impossible to make something that it's not
 illegal in at least one country in the world. For example, I would be
 a strong supporter of having LGBT-themed games in the archives, and
 they might not be legal in Russia.

I agree and consider it a bad thing if anyone suffers because of this.

How are these issues handled currently?

-- 
Nils Dagsson Moskopp // erlehmann
http://dieweltistgarnichtso.net


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Re: Unteralterbach visual novel

2014-03-10 Thread Walter Landry
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.
 The first time you get to a point where you can see it, you have to
 click a button that says I'm mentally ill and want to see this.  Given
 that these are (drawn) images of child abuse, I think they are actually
 criminal to possess in many countries (including mine, the Netherlands,
 so I have already deleted the game).  I'm pretty sure we cannot
 distribute them in Debian, not even in non-free.  So for the rest of the
 post, I'm assuming that those images are not in the game.
 
 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

Cheers,
Walter Landry
wlan...@caltech.edu


Re: Unteralterbach visual novel (was: Re: Introduction)

2014-03-10 Thread Lucas Nussbaum
Hi there,

On 10/03/14 at 14:57 +0100, Miriam Ruiz wrote:
  Having read your report, even if someone decided to package it, I
  wouldn't advise to include it in the archive without speaking
  beforehand with lawyers that could advice us on the possible risks.
  I'm not familiar enought with the law in different countries to know
  what's allowed or not, but from your analysis I fear that by
  distributing it we might be puting in risk the administrators of some
  of our mirrors, and I'd like to be sure that's not the case. On the
  other hand, it's almost impossible to make something that it's not
  illegal in at least one country in the world. For example, I would be
  a strong supporter of having LGBT-themed games in the archives, and
  they might not be legal in Russia.
 
  I agree and consider it a bad thing if anyone suffers because of this.
 
  How are these issues handled currently?
 
 I honestly don't know. Probably the DPL might have an idea, or maybe
 someone in Debian Legal.

We could consult our legal support at SFLC about this. That's what we
did for the ongoing work on packaging a library required to play many
DVDs.

However, there are really both moral and legal sides in this discussion.
Even if it was OK to accept such a package from the legal side, Debian
(ftpmasters) could still decide that it would not be OK, on moral
grounds, to accept such a package in Debian. So I'd rather wait until
ftpmasters say that it's useful to bring SFLC in the loop before doing
so.

Lucas


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Re: Unteralterbach visual novel

2014-03-10 Thread Thibaut Paumard
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=LEGIARTI06418095cidTexte=LEGITEXT06070719

[2]http://www.legislation.gov.uk/ukpga/Vict/39-40/36/contents




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Re: Unteralterbach visual novel

2014-03-10 Thread Christoph Biedl
Thibaut Paumard wrote...

 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):

There was a discussion about hotbabe some years ago ...

Globally thinking, since there's a wide span of what pornography
contitutes, I was careful with your approach. Some corners in the
world might consider that term applies to bible-kjv-text. It has some
parts they carefully avoided in sunday school.

Christoph


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Re: Unteralterbach visual novel

2014-03-10 Thread Paul Tagliamonte
On Mon, Mar 10, 2014 at 08:31:24PM +0100, Christoph Biedl wrote:
 Thibaut Paumard wrote...
 
  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):
 
 There was a discussion about hotbabe some years ago ...

(not speaking as ftpteam, we've not considered this yet, and the
 decision will come from an ftp-master, not a lowly minion such as
 myself)

Be careful here; in most Jurisdictions child porn is treated very
differently then normal porn (and rightly so).

That is, if you consider this porn (I've not seen this game yet, I'll
have to grab some facts about it before I voice an opinion on that) - but
from what I read so far, it's not looking great - this is *not* the same as
hotbabe, this pushes a lot more laws.

 Globally thinking, since there's a wide span of what pornography
 contitutes, I was careful with your approach. Some corners in the
 world might consider that term applies to bible-kjv-text. It has some
 parts they carefully avoided in sunday school.
 
 Christoph

Sure; but the question of intent is valid -- is the intent to 'excite'
the consumer or is it a work on it's own? Usually there's some test like
that in most places; but I've not researched this at all.

Cheers,
  Paul


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Re: Unteralterbach visual novel

2014-03-10 Thread Christoph Biedl
Paul Tagliamonte wrote...

 On Mon, Mar 10, 2014 at 08:31:24PM +0100, Christoph Biedl wrote:
  Thibaut Paumard wrote...
  
   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):
  
  There was a discussion about hotbabe some years ago ...
 
 Be careful here; in most Jurisdictions child porn is treated very
 differently then normal porn (and rightly so).

Agreed. It was Thibaut who skipped the child word above and I
understood this was by intention. Perhaps he hat something different
in mind.

Christoph


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Re: Unteralterbach visual novel

2014-03-10 Thread Mateusz Jończyk
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

W dniu 10.03.2014 20:31, Christoph Biedl pisze:
 Thibaut Paumard wrote...
 
 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):
 
 There was a discussion about hotbabe some years ago ...
 
 Globally thinking, since there's a wide span of what pornography contitutes,
 I was careful with your approach. Some corners in the world might consider 
 that 
 term applies to bible-kjv-text. It has some parts they carefully avoided in 
 sunday school.
 
 Christoph

Seriously, if this will get to Debian, it might be a huge PR disaster.

- -- 
Pozdrawiam,
Mateusz Jończyk
AEI, Informatyka, Semestr 2 Magisterskich, BDiIS

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Re: Unteralterbach visual novel (was: Re: Introduction)

2014-03-10 Thread Paul Tagliamonte
On Mon, Mar 10, 2014 at 09:39:07PM +0100, Nils Dagsson Moskopp wrote:
 If the player is considered a pedophile, there are opportunities for
 abuse at every corner. Similar to other games, where you have a gun.
 
 The only game I know that challenges that is Aquaria. After acquiring
 the skill to throw energy balls, most players shoot everything they can
 see. This triggers a monologue from the – usually silent – protagonist
 about how powerful she feels when killing weaker creatures. Ouch.


Again, not ftpteam, just my opinion:



I don't believe this is an entirely fair comparison. Most games where
you kill people it's done in a way that keeps your player as 'ethical',
which is not to say you follow the geneva conventions (perhaps someone
out there can patch a WWII game for this? :) ), but you're on the
ethical 'high ground'. Mostly. Not all of it, but mostly.

Most games where you are unethical and killing a non-hostile force are
often condemmed -- or even banned!

One such game was Postal 2. Postal 2 is a game where you don't have to,
but can, shoot innocent people. You can play through without shooting a
single person, but it's very hard. It goes so far as to give you such
weapons as an 'anthrax filled cow head'.

It's intentionally provocitive -- you can play as the taliban, priests,
midgets or any other group that was open to mockery at the time.

As a result, it was banned in NZ and elsewhere in the world.


I think shooting games where you are fighting some force for ethical
good is more similar to pornography then child porn - I'd say games like
Postal 2, where you can kill innocent people for fun to be more similar
to that.


Again, I have not played this game, so I pass no judgement on anything
as of yet.

Cheers,
  Paul


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Re: Unteralterbach visual novel

2014-03-10 Thread Thibaut Paumard
Hi,

Le 10/03/2014 21:12, Christoph Biedl a écrit :
 Paul Tagliamonte wrote...
 
 On Mon, Mar 10, 2014 at 08:31:24PM +0100, Christoph Biedl wrote:
 Thibaut Paumard wrote...

 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):

 There was a discussion about hotbabe some years ago ...

 Be careful here; in most Jurisdictions child porn is treated very
 differently then normal porn (and rightly so).

Agreed too.

 Agreed. It was Thibaut who skipped the child word above and I
 understood this was by intention. Perhaps he hat something different
 in mind.

Yes, it was intentional. The FTP masters are of course the ones to
decide, but for the reasons I expressed later in my mail, I think even
legal (in most countries) pornography would put the distribution in a
difficult position.

I acknowledge I have no idea in how many countries this particular
package would be problematic once expunged from the child abuse graphic
content.

Kind regards, Thibaut.




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Re: Unteralterbach visual novel (was: Re: Introduction)

2014-03-10 Thread Joseph Neal

Your impression that it has something to do with child sexualization
is a formidable understatement.  That's what the entire game is all
about.  The protagonist starts working for the police department going
after child pornography producers.  These producers turn out to be the
children themselves, who use magic to make adults cooperate.  Some
remarkable features:



At least in the US, this content is beyond offensive.  It is legally 
considered obscenity:


http://www.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml

It would likely start a media firestorm resulting in child advocacy 
groups pressuring Debian's corporate sponsors to cut off funding. They 
would likely do so.  This is the worst kind of PR you can get. No school 
would ever be able to use Debian or a derivative again, etc.  I 
personally would never use Debian again.


Run, do not walk, away from this.







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