LJ, the Miller Test, and creative notices
Why is it that when I read this:
Rather, using LJ to distribute "obscene" content (as defined by the Miller Test) is illegal. If it qualifies as obscene, and if it involves minors (people under the age of 18), then it's not allowed.
I envision a new artform based around Miller Test notices to tack onto fanfic?
que PWP: Snape drags Harry to the dungeon for a little "penetration" of more than his mind. Graphic, sticky sex ensues.)
followed by:
Please Note: The preceding fanfiction is a work of art containing serious literary, artistic, political, and scientific value. To wit:
--The aforementioned work contains a depiction of sexuality unique to the author, allowing a deeper understanding of the workings of a subject who engages in fanfiction, slash, and other literary forms that contribute to the formation of culture among today's youth. - literary value, scientific value
--Moreover, the aforementioned work contains a metaphorical commentary on the current proliferation of inappropriate relationships between teachers and students in American and British societies. - political value
--Moreover, the entire work serves as a bildungsroman, an acknowledged literary form with intrinsic value, due to Harry's obvious coming-of-age in the arms of Severus Snape. -literary and artistic value
--Moreover (que more creative indications of value, as many as seem interesting)
Therefore, I assert that this work of art does not run afoul of the criteria for "obscenity" as defined by the Miller Test; namely, it does not "lack serious literary, artistic, political, and scientific value." Further, it also not promoting illegal activities or those legal activities expressly banned by LiveJournal, it therefore meets the terms for proper posting as established by that entity.
Rather, using LJ to distribute "obscene" content (as defined by the Miller Test) is illegal. If it qualifies as obscene, and if it involves minors (people under the age of 18), then it's not allowed.
I envision a new artform based around Miller Test notices to tack onto fanfic?
que PWP: Snape drags Harry to the dungeon for a little "penetration" of more than his mind. Graphic, sticky sex ensues.)
followed by:
Please Note: The preceding fanfiction is a work of art containing serious literary, artistic, political, and scientific value. To wit:
--The aforementioned work contains a depiction of sexuality unique to the author, allowing a deeper understanding of the workings of a subject who engages in fanfiction, slash, and other literary forms that contribute to the formation of culture among today's youth. - literary value, scientific value
--Moreover, the aforementioned work contains a metaphorical commentary on the current proliferation of inappropriate relationships between teachers and students in American and British societies. - political value
--Moreover, the entire work serves as a bildungsroman, an acknowledged literary form with intrinsic value, due to Harry's obvious coming-of-age in the arms of Severus Snape. -literary and artistic value
--Moreover (que more creative indications of value, as many as seem interesting)
Therefore, I assert that this work of art does not run afoul of the criteria for "obscenity" as defined by the Miller Test; namely, it does not "lack serious literary, artistic, political, and scientific value." Further, it also not promoting illegal activities or those legal activities expressly banned by LiveJournal, it therefore meets the terms for proper posting as established by that entity.