Comments on: Court Rules That Downloading = Creating

By: Jason

Jason — Wed, 30 Nov -0001 00:00:00 +0000

Even when we agree with the stance of an activist judge, the principle is wrong. Besides, passing stronger child porn laws through the legislature should be an easy, bi-partisan, thing.

I agree with you a hundred percent on that. It should be a bipartisan effort.

My convictions against child porn might be blinding me a bit on the reality of courts ruling from the bench, which I am against. That’s why I’m not a judge I guess.

By: Zsa Zsa

Zsa Zsa — Wed, 30 Nov -0001 00:00:00 +0000

Rob, I think this is one of those issues that it is all in the way you phrase it? It has room for confusion… I really believe that downloading should not be considered creating though! I would put it in the catagory of possessing.

By: Zsa Zsa

Zsa Zsa — Wed, 30 Nov -0001 00:00:00 +0000

Exactly!

By: Seth Williams

Seth Williams — Wed, 30 Nov -0001 00:00:00 +0000

I know, I was being facetious and trying to show the absurdity of such a ruling. If they want heavier penalties on child porn, I say fine–do it through the legislature.

By: Jason

Jason — Wed, 30 Nov -0001 00:00:00 +0000

I don’t think this is too out of line. I mean, it’s CHILD PORN! If you’re downloading it, you’re endorsing someone to take naked pictures of a child. That’s not right. I can understand where you’re coming from, you don’t want this law to spill over to the whole copyright infringement issue. But, it’s CHILD PORN! If you download, buy, or produce, you’re automatically the scum of the earth, and I don’t really see a problem with castration and death upon anyone who does that.

Unfortunatly, there is a fine line between this law and moving into illegally downloading movies and music. Lets hope all these old white men in the government don’t mess it up for us.

By: Michael

Michael — Wed, 30 Nov -0001 00:00:00 +0000

Nice little hair-split there. Guess they shouldn’t arrest people for using copiers to make counterfeit money either, based on this theory. Heck – its just a copy.

Sorry, when you copy child porn, you are supporting the generation of more of it and are therefore just as evil, just as guilty as the guy who made the original. You’re even inspiring creeps like him/her to go out and exploit other children. What you all are doing is playing word games to the benefit of some pretty evil people. And believe me, I am no fan of activist judges. But this is not an improbable outcome of this law.

By: Dave

Dave — Wed, 30 Nov -0001 00:00:00 +0000

I personally think that saying a downloaded porn movie is free speech is a stretch since if you purchased the same movie at a video store, it would be subject to the laws governing the purchase.

Possessing child pornography is not a crime. Creating child pornography is the real crime–that’s the action which usurps people’s rights.

By: Shane Ede

Shane Ede — Wed, 30 Nov -0001 00:00:00 +0000

Another thing to look at is whether the court makes the deliniation between whether you will be charged with “creating” a copy or “creating” period. Because if they are just flat out saying that you “created” it… Then if I download a MP3 or Bootleg Movie, I am “Creating” it. Not “creating” a copy, but “creating” the movie, or music. I realize that it’s a stretch that any court would uphold it, but the deliniation needs to be made. Also, If I truly could be charged with the “creating” the movie or music, could I then turn around and sue the recording company? Technically, if I “created” it, they are selling bootleg copies of my “creation” to movie stores and consumers.

By: Dave

Dave — Wed, 30 Nov -0001 00:00:00 +0000

To me, owning something where there is a visible crime is almost the same as being an accomplice to a crime.

Rob has downloaded a video of Nick Berg being beheaded. Joe Blo has downloaded a video of a 16 year old having sex. Are both, just one, or neither guilty?

By: docdave

docdave — Wed, 30 Nov -0001 00:00:00 +0000

There may be a legal distinction that none of you have addressed yet and that is the downloaded item a commercial product or free speech item? This distinction is very important since products are subject to state laws for intrastate and federal laws for interstate. I personally think that saying a downloaded porn movie is free speech is a stretch since if you purchased the same movie at a video store, it would be subject to the laws governing the purchase.