You know, my heart really goes out to burr86. It seems clear that they sent him out to make this post because people know him and trust him. And he's not a lawyer, and he's out of his depth in a way that's really not his fault and not fair.
If the new/old policy really does just track American law, all is well on the fanfic front. It doesn't really matter that they ban "obscene" texts, because under the test American courts have established it's virtually impossible for a text to ever be obscene as a matter of law. (Pictures and video are a different story.) And burr86 has said in the comments that this is what they mean. But the poor guy's also talking about how texts can too be illegal under American law, no doubt because that's what they told him to say, and because he isn't a specialist he's in no position to really explain -- he may not get it himself.
(And of course, that means that it's hard to rely on what he can say, because, what if he had it wrong?)
Anyway. I say all this because while it's perfectly maddening, and I've now spent much more of my afternoon than I should have arguing about it over there, I don't think it's really nearly as ghastly as it looks.
At least, if poor Abe is right when he says they're okay with anything that wouldn't be obscene under Miller. Nothing anyone's ever written for you would be obscene under Miller; indeed, it's hard to imagine what would be.
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If the new/old policy really does just track American law, all is well on the fanfic front. It doesn't really matter that they ban "obscene" texts, because under the test American courts have established it's virtually impossible for a text to ever be obscene as a matter of law. (Pictures and video are a different story.) And
(And of course, that means that it's hard to rely on what he can say, because, what if he had it wrong?)
Anyway. I say all this because while it's perfectly maddening, and I've now spent much more of my afternoon than I should have arguing about it over there, I don't think it's really nearly as ghastly as it looks.
At least, if poor Abe is right when he says they're okay with anything that wouldn't be obscene under Miller. Nothing anyone's ever written for you would be obscene under Miller; indeed, it's hard to imagine what would be.