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Should porn victims earn royalties?
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bacasper



Joined: 26 Mar 2007

PostPosted: Mon Mar 22, 2010 8:53 am    Post subject: Should porn victims earn royalties? Reply with quote

Paying these kids what amounts to royalties can only have the exactly counterproductive effect of exacerbating the problem. I can just see future abuse victims lining up photographers as we type.

NYU Law Professor Amy Adler makes the point in her wonderful Columbia Law Review article, [url=cyber.law.harvard.edu/ilaw/Speech/Adler_full.html]"The Perverse Law of Child Pornography,"[/url] that these laws actually INCREASE the problem. Here we see that being potentially borne out.


Child Pornography, and an Issue of Restitution

By JOHN SCHWARTZ
Published: February 2, 2010


When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Photographs and videos known as �the Misty series� depicting her abuse have circulated on the Internet for more than 10 years, and often turn up in the collections of those arrested for possession of illegal images.

Now, with the help of an inventive lawyer, the young woman known as Amy � her real name has been withheld in court to prevent harassment � is fighting back.

She is demanding that everyone convicted of possessing even a single Misty image pay her damages until her total claim of $3.4 million has been met.

Some experts argue that forcing payment from people who do not produce such images but only possess them goes too far.

In February, when the first judge arranged payment to Amy in a case in Connecticut, Jonathan Turley, a law professor at George Washington University, called the decision �highly questionable� on his blog and said it �stretches personal accountability to the breaking point.�

The judge in the case acknowledged, �We�re dealing with a frontier here.�

continued at link
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Moldy Rutabaga



Joined: 01 Jul 2003
Location: Ansan, Korea

PostPosted: Mon Mar 22, 2010 3:58 pm    Post subject: Reply with quote

Interesting (but unpleasant) subject.

Perhap 'royalties' isn't the right term to use. Would not a royalty payment suggest to the possessors of these images that having paid the fee, they have the right to the image? Is there such a thing as royalties on illegal products?

Legally, once a person had paid such a fee, would they be protected from further prosecution for possession of illegal images?

In the late 90s there was a sort of punishment levy placed on blank CDs in Canada. All it really did was suggest to people that they were entitled to pirate music, as they had already paid the fee. I'm not equating the two acts but there is a similarity in reasoning.
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Wishmaster



Joined: 06 Feb 2003

PostPosted: Mon Mar 22, 2010 7:04 pm    Post subject: Reply with quote

Yeah, "royalties" is not the applicable world in this case.
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bacasper



Joined: 26 Mar 2007

PostPosted: Mon Mar 22, 2010 11:06 pm    Post subject: Reply with quote

No, they are not really "royalties" which is why in my comment I phrased it as "what amounts to royalties." I mean, what else should we call getting paid for your photos?
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kabrams



Joined: 15 Mar 2008
Location: your Dad's house

PostPosted: Mon Mar 22, 2010 11:21 pm    Post subject: Reply with quote

I think this is a really sad case for the girl, and as a fellow human being, I would like to see her take every penny from those heartless people who participated in that crime.

But I also can understand why some people in law are uneasy about what the judge is allowing her to do.
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bacasper



Joined: 26 Mar 2007

PostPosted: Mon Mar 22, 2010 11:55 pm    Post subject: Reply with quote

kabrams wrote:
I think this is a really sad case for the girl, and as a fellow human being, I would like to see her take every penny from those heartless people who participated in that crime.

But I also can understand why some people in law are uneasy about what the judge is allowing her to do.

Yes, those who participated in the crime of producing the porn should pay, not those who merely looked at the pictures.
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Fox



Joined: 04 Mar 2009

PostPosted: Tue Mar 23, 2010 12:39 am    Post subject: Reply with quote

Article wrote:
�This is a lawyer�s dream,� he said.


That's pretty much the jist of it. The idea that people who never harmed or encountered this woman in any way could be liable for millions of dollars in damages to her is a lawyer's dream. It's also a total abuse of the law, and the fact that even a single collection has been made in this way just makes me recognize yet again that our legal system is completely ridiculous and totally untrustworthy.
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riverboy



Joined: 03 Jun 2003
Location: Incheon

PostPosted: Tue Mar 23, 2010 12:49 am    Post subject: Reply with quote

I am not sure what I think about the ruling, but I do think that those in possession of child pornography should be dealt with in the most swift and effective form of punishment possible.

While I am sure it is possible for a very small amount of child porn to inadvertently end up on ones computer, I would be quite comfortable with a law that confiscated the entire assests of an individual in possesion of a certain -large- amount. This would certanly be a great deterrent.

If the assets were then sold off and given to the children involved, then fine. Do the same to the producers and anyone involved. I believe in a very, very low tolerance for this kind of stuff.
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Fox



Joined: 04 Mar 2009

PostPosted: Tue Mar 23, 2010 1:00 am    Post subject: Reply with quote

riverboy wrote:
While I am sure it is possible for a very small amount of child porn to inadvertently end up on ones computer, I would be quite comfortable with a law that confiscated the entire assests of an individual in possesion of a certain -large- amount. This would certanly be a great deterrent.


So you want to live in a society where a judge can strip you of everything you own because you downloaded some things from the internet? That's charming.

No idea why people always think increasing the penalty increases the level of deterrance. For anyone who actualy cares about deterrants, even a single year in jail is enough to prevent them from committing the crime. Anyone still willing to do it after that isn't going to care what the punishment is; they've decided they won't get caught, and thus the deterrant stops mattering. This is why things like the death penalty don't work.

So long as an owner of child pornography is willing to identify the sources of his child pornography, his actions should not be considered criminal. He himself didn't harm anyone, and he can be an asset in tracking down the people who actually do harm children: child pornographers. Locking these guys up, taking away everything they own, and so forth is just pointless sadism. Any picture on the internet is going to be there whether you download it or not; downloading it doesn't do any additional harm.
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bacasper



Joined: 26 Mar 2007

PostPosted: Tue Mar 23, 2010 1:48 am    Post subject: Reply with quote

Fox wrote:
riverboy wrote:
While I am sure it is possible for a very small amount of child porn to inadvertently end up on ones computer, I would be quite comfortable with a law that confiscated the entire assests of an individual in possesion of a certain -large- amount. This would certanly be a great deterrent.


So you want to live in a society where a judge can strip you of everything you own because you downloaded some things from the internet? That's charming.

...
So long as an owner of child pornography is willing to identify the sources of his child pornography, his actions should not be considered criminal. He himself didn't harm anyone, and he can be an asset in tracking down the people who actually do harm children: child pornographers. Locking these guys up, taking away everything they own, and so forth is just pointless sadism. Any picture on the internet is going to be there whether you download it or not; downloading it doesn't do any additional harm.

Fox, too bad your sound reasoning is lacking in the Supreme Court decision (don't have it offhand, and maybe it wasn't one, just a change in Justice Dept. policy; if someone knows, can they post it?) which idiotically decided that a photo of child abuse was actual child abuse itself, thus leading to all these insane laws now.

Why not extend this idea to murder? If you take a photo of a murder victim, you should be prosecuted for murder yourself. That is one way to deter murder, isn't it? Rolling Eyes

riverboy wrote:
I am not sure what I think about the ruling, but I do think that those in possession of child pornography should be dealt with in the most swift and effective form of punishment possible.

Some argue, and statistics from Denmark and Holland when child porn was legal bear out, that availability of child porn leads to decreased child sex abuse.

Would you prefer they molested actual children?
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riverboy



Joined: 03 Jun 2003
Location: Incheon

PostPosted: Tue Mar 23, 2010 1:58 am    Post subject: Reply with quote

Quote:
So you want to live in a society where a judge can strip you of everything you own because you downloaded some things from the internet? That's charming.



Happy to have charmed you. But in the case of Child Porn, I am sickened that there is an industry and I do think that people will think twice before they supprt this industry. This is a business that rob children of their youth, innocenc and virtues. I knew a girl who was a victim of her step fathers paedophile prostitution ring.

Case in point; the Antigonish Archbishop with loads of kiddie porn on his laptop. May he die a paupers death. From everything I can tell pedophile are repeat offenders and enablers are just as guilty as those who produce and take part in it. Take away their income and they will not have the means to do it again.

I grew up in a pretty rough spot and know of plenty of guys who grew pot, sold drugs and even coke. A few of them got busted, went to jail and when they got out, had tens of thousands of dollars stashed away for their return from prison.

Of course I think drugs should be legalised, but I am dead agains child sex crimes. Make the consequences very severe.
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Fox



Joined: 04 Mar 2009

PostPosted: Tue Mar 23, 2010 2:05 am    Post subject: Reply with quote

riverboy wrote:
Make the consequences very severe.


But why should the consequences be severe when:

1) The actions of those who download child pornography do not directly or indirectly harm anyone.

2) The consequences being severe, according to all availible data, not only doesn't reduce ownership of child pornography, but may even increase it.

I just don't understand the logic behind it.
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bacasper



Joined: 26 Mar 2007

PostPosted: Tue Mar 23, 2010 4:15 am    Post subject: Reply with quote

riverboy wrote:
But in the case of Child Porn, I am sickened that there is an industry and I do think that people will think twice before they supprt this industry. This is a business that rob children of their youth, innocenc and virtues. I knew a girl who was a victim of her step fathers paedophile prostitution ring.

There is no "Child Porn Industry" of any significant size, nor has there been since 1977.

As far as robbing "children of their youth, innocenc [sic] and virtues," that contention is just not borne out by the data. According to the definitive study of child sex abuse published in 1998 by the American Psychological Association in its premier journal, (Psychological Bulletin (1998) Psychol Bull 124, 22. Rind B, Tromovitch P, Bauserman R.. A meta-analytic examination of assumed properties of child sexual abuse using college samples), negative effects were neither pervasive nor typically intense, and men reacted much less negatively than women. (Indeed, for a majority of boys, outcomes ranged from neutral to positive.) The college data were completely consistent with data from national samples. Basic beliefs about CSA in the general population were not supported.

Quote:
From everything I can tell pedophile are repeat offenders and enablers are just as guilty as those who produce and take part in it. Take away their income and they will not have the means to do it again.
...
Of course I think drugs should be legalised, but I am dead agains [sic] child sex crimes. Make the consequences very severe.

Neither is this belief about recidivism supported. It is now easy to see why you hold such opinions, as they are based on misinformation, albeit widespread.

According to the US Dept. of Justice,
    Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime;

    Sex offenders were less likely than non-sex offenders to be rearrested for any offense;

    An estimated 3.3 percent of the 4,300 released child molesters were rearrested for another sex crime against a child within 3 years;

    Of the released sex offenders, 3.5 percent were reconvicted for a sex crime within the 3-year follow-up period.
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riverboy



Joined: 03 Jun 2003
Location: Incheon

PostPosted: Tue Mar 23, 2010 6:55 pm    Post subject: Reply with quote

Perhaps I am being a bit harsh here. But I am really p!ssed off at the coverups going on in the Catholic Church and throughout society.

Bacasper, you of all people should be aware of child sex trade cover up at the whitehoue. I'm not sure if it is true or not, but perhaps it goes much deeper?

I don't see people downloading child porn as harmless individuals. To me, they are sick people who give funds to the industry; thus making it thrive. I just can't buy the logic that kiddie porn reduces child molestation either.

It is exploitation at its worse and really there should be no room for it in society. I don't know the best way to limit it, but I do think that people contributing to the kiddieporn -or the snuff- industry are not far behind those who produce and take part in it. It is not a victimless crime and supporting it just sickens me.

I would hate to see my reaction if I came across kiddie porn on a friends computer. I can forgive a lot of things, but someone who takes pleasure in that kind of stuff brings out the worst in me.

I'm not for capital punishment, but the moment any adult harms one of my children in any way, is the moment they endanger their personal safety. I could easily do time in jail if it came to protecting my family.
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conrad2



Joined: 05 Nov 2009

PostPosted: Tue Mar 23, 2010 8:58 pm    Post subject: Reply with quote

Are we talking about actively paying money to download pornographic images of children or just downloading what is available for free. Im sure there are some of us who have downloaded porn, and can you say for 100% certainty that any of the females in the videos were not 17 years old or younger. If so, is it fair for you to go to jail and have your life ruined?
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