Yes, I’ve read the whole of this godawful mess of a thread. The mods are uncomfortable with the level of risk they perceive regarding the content. Going on and on about how they should take your perception (the user with no risk) over their own is tiresome.
The whole freedom and rights nonsense is a typical projection that Trumpies make - no rights are absolute. No freedoms are absolute. The consitutional protections afforded to free expression protect you from THE GOVERNMENT censoring you, not private parties. If you hang some sexualized loli content on the wall of your office at work, you’re going to get fired. All the yelling about your rights and freedoms wont change that.
The mods have stated innumerable times that, in their judgement, the risk around this content is unacceptable to them. Going on and on trying to argue technicalities in search of ways around the rule is disrespectful to the people that host and run this site for free.
Respect their decision. Stop stirring the pot and giving them grief. If you don’t like it, leave and host your own site.
This is a thread to discuss the ban, that’s the whole point. If it was so simple to up and make a new forum, We would’ve done it. But it’s not, the entire community is essentially this one site, creating a new one with slightly altered rules is not gonna bring over the userbase.
I like eroscripts, if I didn’t give a shit I’d say nothing and move on. But this site as a whole is great, but this ban is a dealbreaker for me and a lot of others.
Many of us aren’t satisfied by the answers given by the mods. Yes it’s their choice, yes they have every right to ban whatever they want, but I think the risk they’re talking about has no merit and there’s no evidence to suggest that there is any real risk.
Stop trying to shut down discussion, yelling nonsense about “Trumpies” is the only thing stirring the pot.
It’s fine if you don’t give a damn, but what is it with you spineless people trying to drag us down with you.
Let people discuss. The mods can lock the thread if they get enough. That said, people like Hentai_Scripts are politely asking questions and they are allowed to.
So many flagged posts. Y’all need to realize the isn’t about the current but about what housing that content could do to the site. We want to keep ES alive and right now that means not hosting this content.
That’s a misunderstanding of how those US codes are written.
Section (c), the one you quoted, basically means that someone can be prosecuted under this law for fictional depictions, BUT it first has to meet the requirements of section (a) and (b), which includes
lacks serious literary, artistic, political, or scientific value;
Good observation.
So, assuming we host the problematic content, what issues could arise?
The moderators have only mentioned legal risks, but what specific risks are they referring to? I’m sure I’m not the only one who feels that there is a lack of explanation regarding these risks.
Possible consequences could include being sued by legal authorities or the site being forcibly shut down, but are there any actual cases where a site has been sued or forcibly shut down for hosting fictional lolicon or shotacon content?
To add onto the last reply. I’m not saying that the mods aren’t allowed to evaluate what they perceive as a risk to the site and get rid of it. I’m saying that loli art is just not that big of a risk, and the mods are unjustly banning it, and not only banning it, They’re going to purge all existing content.
and I answered that earlier
You wouldn’t be saying that if they were removing something you liked with the same lack of justification.
Tell that to the artists who create it. Careful, your bias is showing.
People have varying values. With 100 people, there are 100 different sets of values. With 100 people, there are 100 different sexual preferences.
No one has the right to deny another person’s values. That’s why when rules are established, people discuss them.
I think the argument about it not being much of a risk is a little bit in bad faith.
The stated fact that Loli stuff doesn’t get you shut down seems to be doing a lot of heavy lifting in the argument. Firstly I doubt many sites would be willing to fight that if it came up so the number of sites shut down for this or other reasons probably isn’t known.
Secondly, Losing a court case isn’t the issue, getting into legal trouble in the first place is. If a bunch of volunteers who started this forum a few years ago after the last forum shut ever have to hire a lawyer then that’s too much risk. It took them work to build this and they took on all the costs and risk involved. Hell the community suggested the Patreon to help cover the hosting costs.
C. What a funscript legally constitutes has not been tested in law as it is a new, niche thing that most people don’t know exists. If someone gets a bee in their bonnet and decides to go after it as “Immoral” then Eroscripts is likely to be one of the first sites found and therefore an obvious target.
In regards to trying to get round the ban I can foresee a few issues. If you have to be so vague as to not trigger the banhammer then people who want Loli stuff won’t know and people who don’t may get gotcha’d by it.
Theoretically you could post your non loli free scripts on the site and put a link to a mega folder that contains all your scripts. As long as the folder doesn’t have the videos or images and just text files it wouldn’t trigger the mega ban hammer I guess.
My Final point is this, If you are complaining about this issue and you have never shared a free script, helped out with peoples technical queries or chipped in on the Patreon every now and then you haven’t been helping grow this community in the first place. If you didn’t put in that minimum amount of effort why should the mods come to your rescue at their own personal risk?
This makes sense. I also don’t like censorship etc but in my country this sort of thing can land you in big trouble, even just having it in your browser history or a cache file on your disk can be problematic. I don’t think this country is particularly alone.
And it’s not like furry where there is at least a minimal amount of mainstream adoption/support where you could possibly wiggle out of it.
(n.b. I don’t really know much about furry stuff, but afaict loli is much more politically charged, frequently being used as the excuse for encryption-banning regulations and forced scanning regulations. IMO if you wind up in a situation where this shows up, you’re probably finished)
For everyone else who doesn’t have this problem, it is a pity, but it’s fair to acknowledge the risk of a one-stop shop like ES, both for the operators and the visitors.
I appreciate people who can afford to take a stand, but IMO the risk here is too great.
We have read this and also considered history of this law:
Under United States you will see verious cases that show this law has been used in many situations both with innocent and guilty verdicts.
Please look into the miller tests and read in full what they state.
the “3rd prong” of the 3 prong test that you mentioned is where this hinges. what is considered art? what makes art obscene in the legal sense? these questions often has different answers depending on who you ask. if HC was taken to court his life would be under the luck of who landed in his jury.
That is too high a risk. HC would be taking a very big liability and if you dont care thats fine, I happen to care if someone finds themselves going to court over a hobby.
To deepen my understanding, I reread the thread from the beginning.
Thank you all for explaining things so clearly, and I apologize for my poor English skills.
The moderators said that they will not establish clear standards on what is allowed and what is not because it is fiction.
So, I will post ‘texts’ and ‘links to sites providing scripts’ (without posting images or media).
I understand that whether they are deleted or not is left to the discretion of the moderators.
However, I believe there is still room for discussion, and many people may not be satisfied.
For those who wish to change the decision, it will be a tough path.
I will continue to watch the progress of this thread.
By the way, doesn’t EroScripts intend to move to a server not bound by US laws?
If financial support is needed, I am willing to help. I believe that creative works should be free.
I’m waiting for the moment the mod says, “Yes, you have a point. Anyway, whatever decision we make will be the final outcome, and you’ll need to accept it. So, please leave.”
We have considered moving the hosting but that comes with tradeoffs were not fully sure we want to take.
for ex. We could move the hosting to denmark, but that comes with other legal issues unrelated to loli, and theres the issue about how we would pay for the service without using payment processors that hate porn.
Im still open to moving hosting but its really up to HC since he is the financier for the hosting.
Theres also the fact that we have also considered migrating to a managed discourse instance (With discourse the company) we havent for a couple reasons but its still on the table. we’re trying to get all the information we can about our decisions before we make them.
If a time comes we feel we can safely start allowing loli again we might but I cant make any promises. Ialso dont speak for the full mod team. we all do things in consensus. I can give my opinions but that doesnt mean the site will go my way.
I’m glad to hear that you are positively considering hosting migration. This is certainly welcome news for fans of lolicon, shotacon, and other niche interests. Thank you.
“Sure, they can do anything 'cause they’re the forum owner blah blah blah”. When they say “We’ve decided,” I gotta wonder, in some alternate reality, if there were two forums—one with bans and another without—where do you think people would folks flock to? Would this forum continue issuing bans without seeking community input? By the way, I’m curious, why isn’t furry content prohibited on this forum? It’s quite amusing how the popularity of this forum was initially driven by people, and it seems like mod finally can do whatever they want now. why I’m not supriseing, really. What disappoints me the most is that I can’t think of any other forum that comes close to replacing EroScript now. Otherwise, I believe most people wouldn’t be concerned about this ban at all.