Aug. 3rd, 2007

lurkitty: (albert)
For those on the periphery and wondering what the fuss is all about, LJ/Six Apart has gone and made a mess of things again. They have suspended the journals of two fanartists from the Harry Potter community for posting artwork depicting fictional characters in the course of homosexual acts.

I have seen the pictures, and the characters depicted don't look underaged to me. In one, it looks like there is an age discrepancy, but the younger party is definitely later teens and not a child, and it is consensual. One of the pictures is actually posted on the [livejournal.com profile] news page here.

Regardless of what you think about the HP community or the concept of fandom art, porn or erotic art in general, I ask you to consider that a permanent account holder was given no prior warnings, no notice to remove the offending artwork, but was simply suspended outright for posting a piece of art about fictional characters in an adult community. That's right. It was posted in an adult community with warnings all over the place, a community that was trying to openly work with the abuse team to determine what was acceptable or not. Not only did they suspend the user's art journal, they suspended all three of her journals, including one she used only for recipes.

If you don't wish to step into the fray, please be patient with it and understand the outrage. The people involved were trying to work within the guidelines and felt they had been slapped in the face.

Some of my friends are talking of taking their journals elsewhere. I know LJ/SA has lost my respect and I will certainly consider carefully before giving them more of my money.

ETA: Here is LJ's response to why they did what they did.

Here's part of what they said:
"The comment you are referring to is correct; the content does not meet the legal definition of child pornography. As other, more recent entries in the community explain, however, non-photographic content involving minors in sexual situations which does not contain serious artistic or literary merit is likely in violation of Federal obscenity laws, and is content LiveJournal has chosen not to host.

Additionally, the Terms of Service (http://www.livejournal.com/legal/tos.bml) does not include any statement indicating that users will be warned prior to alternate actions. Specifically,
section XVI Member Conduct, at the bottom, explicitly states "If LiveJournal determines, in its sole and absolute discretion, that any user is in violation of the TOS, LiveJournal retains the right to terminate such user's account at any time without prior notice." While LiveJournal does not do so in the instances of many violations of the Terms of Service, the policy adopted for this particular violation is to terminate without warning. You can find information on other policies at http://ww.livejournal.com/abuse/policy.bml."
lurkitty: (geektoaster)
Drat!

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