@hugecat Please tell us, is this ban due to any specific notices you’ve gotten from cloudflare or AWS?
Or are you doing this purely for risk mitigation and you and the mod team have specifically singled out only loli content?
We just want more transparency if you’re going to go through with a decision that has huge implications, and a huge part of the community is upset about. Don’t forget, there’s still a large portion of users who don’t care for loli content, but would rather nothing be censored.
I feel like you missed a few points made in the comments above.
The admins are not banning loli because they perceive it as immoral. They have to comply with the U.S. law as that’s where the site is being hosted.
Nobody is accusing lolicon as being actual child porn, but it being fictional does not stop it from being considered obscene, which is the central concern here.
Do acknowledge that laws differ across borders. Japanese law will not save Hugecat in the court, if not suing him further for hosting drawings of reproductive organs that is not behind layers of mosaic and black bars.
Thank you for your reply. I apologize for my limited understanding of the site’s policies due to English not being my native language.
I understand that under U.S. law, even 2D lolicon and shotacon content faces stringent regulations. I also understand that content related to rape, bestiality, incest, and furry lacks clear legal regulations. Additionally, I have studied the existence of Obscenity Laws.
However, if site regulations are to comply with U.S. law, hosting links that infringe copyright should not be legally permissible. The United States has the Digital Millennium Copyright Act (DMCA), which should address this. Please provide an explanation.
the DMCA argument does make sense, from a litigious standpoint. but at this point in the history of publicly-available copywritten content, there’s no moral obligation for a regular DMCA takedown. its almost entirely left up to someone to report it, and not the actions of an active agency. Also there’s WAYYY more content under DMCA protection than porn, so it’s just too monumental of a task to tackle, as opposed to a smaller niche on a set of smaller sites with international users, making any real litigation weirdly difficult.
It’s infinitely easier to rally behind banning loli content because there’s an easily perceived victim to the public. whether or not its legal and abundant in another country, whether or not the argument is sound. Unfortunately, in the US we had a legislative period with a bunch of pearl-clutching conservative hypocrites that hate sex (or the fact they just weren’t getting any), so they have to ruin it for every other free citizen.
to simplify it:
hosting companies might see DMCA content being posted but not think twice, since its just more clicks/site views, and stupid hard to enforce copyright.
but if they see anything even REMOTELY approaching loli/shota, that plug gets pulled so goddamn fast ONLY because of how contested it is. again, risk mitigation, not a moral censorship.
i appreciate the discussion, but i feel like personal preference is fogging the reality of how websites and hosting work.
Do all of you people intentionally ignore the fact that a ton of websites have had loli content for decades and been fine? For fucks sake, look at 4chan.
If you’re getting grief from your hosting provider (which we don’t even know if eroscripts is), then you change provider
Seriously? Flagging my post because you don’t agree with me tells me exactly the kind of people who want this ban. There’s nothing inappropriate about it, I’m not attacking anyone. Shameful behavior.
We have not received any specific threat (yet). But back during the outage times, we had a moment where we felt that we might be forced to switch to official discourse hosting, and they were asking questions about content legality and whatnot. Plus the recent news of hosting sites taking down a bunch of user content.
We originally were okay with this type of content because it was in a legal gray zone, but my opinion has changed that I really don’t want to be taking on all this legal risk upon myself, because again, it is a gray zone. While furry type stuff might be illegal in places, I am much much less worried about that painting a target on my back.
Do other sites exist that have had this content for years? Yes. Do I want to take that legal risk upon myself anymore? No.
I am not trying to appease any particular users here.
Yeah i kinda reread it for a 3rd time right as i pressed reply and realized what it actually meant. The way the text is formatted really confused my small brain. Cant delete my post for some reason.
Maybe this is just me, but I would have been much more supportive of the ban in the first place if you had just told us you were doing it for personal reasons, in this case for your own safety and to mitigate legal risk upon your person. The wording in the original post was kind of ambiguous, honestly.
I completely understand the decision you have taken and will support it fully. Besides, I believe that what you do with this site is your prerogative as the owner.
It’s just that if you had disclosed these reasons earlier to the community, we wouldn’t be having this complete mess discussing legalities and laws and whatever. People will still be unhappy about the decision, of course, but at least people will understand you’re just doing it to protect yourself instead of “1984 censorship” or caving in to the puritans or whatever lmao
I think you guys are misunderstanding the law itself the law from 2003 is refering to actual cp drawn or otherwise but of course loli isn’t cp so that law means nothing. this is why so many websites that host that content aren’t raided. drawings are free speach it’s only once you draw a drawing of a real person like what shadman did that you get into got water. fictional characters are obviously not part of that law. even now in some schools they draw basically cp for educational purposes (I mean woke sex educational drawings) if that shit is allowed to slide I don’t see how loli is be an issue.
I don’t think this really is as Grey as you guys say it is. but idk. I’m not a law expert.
