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- Xref: sparky alt.comp.acad-freedom.talk:2567 misc.legal:15991 alt.censorship:6930
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- From: kadie@herodotus.cs.uiuc.edu (Carl M. Kadie)
- Newsgroups: news.admin.policy,alt.comp.acad-freedom.talk,misc.legal,alt.censorship
- Subject: Re: Groups used to distribute illegal material
- Message-ID: <1992Aug13.193809.28680@m.cs.uiuc.edu>
- Date: 13 Aug 92 19:38:09 GMT
- References: <BsxH08.GE8@mtholyoke.edu> <WBE.92Aug13142802@crystal.bbn.com>
- Sender: news@m.cs.uiuc.edu (News Database (admin-Mike Schwager))
- Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
- Lines: 55
-
- wbe@bbn.com (Winston Edmond) writes:
-
- [...]
- > Of
- >course, if you believe the law is wrong, you could choose to engage in civil
- >disobedience and carry the illegal material anyway, but then you should
- >expect to be arrested and taken to court some day.
-
- Copyright violation and libel in the U.S. are civil wrongs, so
- you wouldn't be subject to arrest.
-
- [...]
- > As a practical matter, you can estimate the risk of carrying a group by
- >determining what percentage of the stuff in the group is clearly illegal
- >(copies without permission of copyrighted material in this case).
- [...]
-
- This might be a good measure for copyright and libel, but not for
- obscenity. In the U.S., material is obscene only if 3) when taken as a
- whole, it "must lack serious literary, artistic, political, or
- scientific value".
-
- I don't know the case law on what constitutes a "whole" material, but
- I would think that the impracticality of checking each article
- individually would support the idea that a newsgroup should be judged
- as a whole.
-
- - Carl
-
- ANNOTATED REFERENCES
-
- (All these documents are available on-line. Access information follows.)
-
- =================
- law/miller
- =================
- The Supreme Court's definition of obscenity (the so-called _Miller_
- test)
-
- =================
- =================
-
- These document(s) are available by anonymous ftp (the preferred
- method) and by email. To get the file(s) via ftp, do an anonymous ftp
- to ftp.eff.org (192.88.144.4), and get file(s):
-
- pub/academic/law/miller
-
- To get the file(s) by email, send email to archive-server@eff.org.
- Include the line(s) (be sure to include the space before the file
- name):
-
- send acad-freedom/law miller
- --
- Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign
-