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	<title>Comments on: Cruelty To Fictives</title>
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	<link>http://check.animeblogger.net/2008/12/09/cruelty-to-fictives/</link>
	<description>Unsurprisingly Still Single</description>
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		<title>By: Lupus</title>
		<link>http://check.animeblogger.net/2008/12/09/cruelty-to-fictives/comment-page-1/#comment-25391</link>
		<dc:creator>Lupus</dc:creator>
		<pubDate>Mon, 15 Dec 2008 15:58:09 +0000</pubDate>
		<guid isPermaLink="false">http://check.animeblogger.net/?p=271#comment-25391</guid>
		<description>I went and read the &lt;a href=&quot;http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2008/1292.html?query=Alan%20John%20McEwan&quot; rel=&quot;nofollow&quot;&gt;actual case&lt;/a&gt;, and it&#039;s not at all as you or Neil Gaiman makes it out to be.  As expected, the media didn&#039;t go into enough detail, no one bothered to actually read the judgment (not that I expect normal people to), and everyone became misled.

In Paragraph 37, the judge said this: &quot;Accepting that the word [person] gains its meaning from its context, that context is the protection of children from sexual exploitation and abuse.&quot;  This is the important point that everyone missed out on.  The word person is only interpreted in this way in the context of &quot;protection of children from sexual exploitation and abuse&quot;.  In other contexts, such as &quot;maim[ing], murder[ing], and otherwise mutilat[ing] our fictional creations&quot;, the meaning of the word person as defined in Australian law may well not include fictional persons.  

The definition used by the court is intentionally broad in the context of child pornography because the abuse and grooming of children is very, very, VERY, &lt;strong&gt;VERY&lt;/strong&gt; serious business, and the court deemed it appropriate to use such a wide definition.  Again, in other contexts, such as the ones that Adams J used as an example early on (in Paragraph 5) in his judgment, that of violence in comic books and video games, the definition is unlikely to reach so far.</description>
		<content:encoded><![CDATA[<p>I went and read the <a href="http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2008/1292.html?query=Alan%20John%20McEwan" rel="nofollow">actual case</a>, and it's not at all as you or Neil Gaiman makes it out to be.  As expected, the media didn't go into enough detail, no one bothered to actually read the judgment (not that I expect normal people to), and everyone became misled.</p>
<p>In Paragraph 37, the judge said this: "Accepting that the word [person] gains its meaning from its context, that context is the protection of children from sexual exploitation and abuse."  This is the important point that everyone missed out on.  The word person is only interpreted in this way in the context of "protection of children from sexual exploitation and abuse".  In other contexts, such as "maim[ing], murder[ing], and otherwise mutilat[ing] our fictional creations", the meaning of the word person as defined in Australian law may well not include fictional persons.  </p>
<p>The definition used by the court is intentionally broad in the context of child pornography because the abuse and grooming of children is very, very, VERY, <strong>VERY</strong> serious business, and the court deemed it appropriate to use such a wide definition.  Again, in other contexts, such as the ones that Adams J used as an example early on (in Paragraph 5) in his judgment, that of violence in comic books and video games, the definition is unlikely to reach so far.</p>
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		<title>By: KunojiLym</title>
		<link>http://check.animeblogger.net/2008/12/09/cruelty-to-fictives/comment-page-1/#comment-25232</link>
		<dc:creator>KunojiLym</dc:creator>
		<pubDate>Wed, 10 Dec 2008 01:29:42 +0000</pubDate>
		<guid isPermaLink="false">http://check.animeblogger.net/?p=271#comment-25232</guid>
		<description>Shakespeare was a serial killer by this measure.</description>
		<content:encoded><![CDATA[<p>Shakespeare was a serial killer by this measure.</p>
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		<title>By: 0rion</title>
		<link>http://check.animeblogger.net/2008/12/09/cruelty-to-fictives/comment-page-1/#comment-25228</link>
		<dc:creator>0rion</dc:creator>
		<pubDate>Tue, 09 Dec 2008 20:27:04 +0000</pubDate>
		<guid isPermaLink="false">http://check.animeblogger.net/?p=271#comment-25228</guid>
		<description>So if I (purely hypothetically) were to happen to own pictures of certain Nice Boats, does that mean I am now a filthy criminal?</description>
		<content:encoded><![CDATA[<p>So if I (purely hypothetically) were to happen to own pictures of certain Nice Boats, does that mean I am now a filthy criminal?</p>
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		<title>By: Owen S</title>
		<link>http://check.animeblogger.net/2008/12/09/cruelty-to-fictives/comment-page-1/#comment-25221</link>
		<dc:creator>Owen S</dc:creator>
		<pubDate>Tue, 09 Dec 2008 16:51:26 +0000</pubDate>
		<guid isPermaLink="false">http://check.animeblogger.net/?p=271#comment-25221</guid>
		<description>Ideas are bulletproof. As characters are but a by-product of ideas, the same should apply to them too, if you ask me.</description>
		<content:encoded><![CDATA[<p>Ideas are bulletproof. As characters are but a by-product of ideas, the same should apply to them too, if you ask me.</p>
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		<title>By: Baughn</title>
		<link>http://check.animeblogger.net/2008/12/09/cruelty-to-fictives/comment-page-1/#comment-25219</link>
		<dc:creator>Baughn</dc:creator>
		<pubDate>Tue, 09 Dec 2008 16:01:49 +0000</pubDate>
		<guid isPermaLink="false">http://check.animeblogger.net/?p=271#comment-25219</guid>
		<description>Bizarre.

Just.. bizarre.</description>
		<content:encoded><![CDATA[<p>Bizarre.</p>
<p>Just.. bizarre.</p>
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