Why Fret Over Japanese Ban? RapeLay Is Already Banned in the U.S.

May 29, 2009 -

The embers of the RapeLay controversy were stirred a bit yesterday with a report that the game - and others of its ilk - had been banned in Japan. Not by the government, mind you, but by an industry standards organization.

As it turned out, the report was false, but it prompted a great deal of hand-wringing about Japanese censorship. And yet, RapeLay is already banned - in advance - in the United States by an industry standards organization: the ESRB. Again, it's not a government ban, but it is a de facto ban.

Think about it. Video game retailers won't carry unrated games, which would require RapeLay's publisher to submit the software to the ESRB for a rating. Given its digusting subject matter, RapeLay would certainly be tagged with the quickest AO (adults only) rating ever issued by the ESRB. If you think back to the 2007 Manhunt 2 situation, you'll recall that major retailers won't carry AO-rated games and console manufacturers won't license them. That last bit wouldn't be a problem for RapeLay, of course, since it's a PC game.

Yes, the game could still be sold online by independents. Even governments have a hard time stopping that. But the AO rating is retail death and everyone in the video game business understands that. No publisher would waste their time and money submitting a RapeLay to the ESRB, which is why I maintain that such games are banned in advance. I don't have a problem with any of this, by the way. It's how the system was designed to work. True, there are occasional calls for a marketable AO rating. But the ESRB would probably need to create an XXX rating to accomodate games like RapeLay if AO ever became acceptable to Wal-Mart and GameStop.

And while RapeLay's developers are within their rights to create a game based upon sexual violence and pedophilia, retailers are certainly within theirs not to carry the game. Women's groups are free to protest its messages. And the rest of us are free to be creeped out by RapeLay.


Comments

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

IMO the problem is that RapeLay is an extreme example that people will use to justify the suppression of games that fall into a much grayer area.  I still don't understand why Hot Coffee meant the difference between an M and an AO (I've seen R-rated movies that were more explicit), nor why the cuts to Manhunt 2 made that difference.

I'm fine with Wal-Mart refusing to stock RapeLay, but I'm much less comfortable with them demanding musicians censor their lyrics if they want shelf space.  The problem is that the one is often used to justify the other.

Suppression of rights always comes with an extreme, inarguable example.  I don't like highway cameras, but if I criticize them, their supporters will say I favor drunk driving.  I'm offended that I have to fill out a form every time I buy Claritin-D, but if I say I should just be able to buy it off the shelf, people will accuse me of supporting meth labs.  And every single attempt, in any country, in the past fifteen years, at Internet censorship has hinged around child pornography -- and if you oppose censorship, you must favor the sexual abuse of children.

That's the problem with extreme examples like RapeLay: they provide a convenient, extreme example for de facto censors to use to justify broader, more overreaching, more arbitrary bans.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I was at a store last night looking at some anime and saw some hentai games with an 18 sign on it. You can sell an adult PC game in the US without an ESRB rating. It has to have an 18 sign on it and its good to go .

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

And while RapeLay's developers are within their rights to create a game based upon sexual violence and pedophilia, retailers are certainly within theirs not to carry the game. Women's groups are free to protest its messages. And the rest of us are free to be creeped out by RapeLay.

The problem still is that Rapelay was made for Japan only, where this kind of games are very common. Meanwhile, american retailers don´t have ANY reason to worry about it for the same reason as the game is not officially sell bay any american company. Nobody is sneaking porn games inside Walmart.

This is the same kind of thought that make many people to believe that videogame industry wants to corrupt every single child on the world.

Women´s groups surely are wasting their time fighting against ficticional raping, but I´m even sure that they are enjoying the extra-attention they are getting.

The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com/

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Also, with all the "real" stories about Rapeplay already going up, I think GP posted this editorial just to stir us up.

...Oh well.  It's their website.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

"RapeLay" is the new Jack Thompson.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Jack Thompson is the new Jack Thompson.

"HEY! LISTEN!"

"HEY! LISTEN!"

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

You guys are funny.  It's not cencorship, because any store could carry the game IF THEY WANTED TO.  There is no law saying that a store cannot carry AO rated games.  There's no law saying that a store cannot carry UNRATED games, for that matter.  If an independant Adult Themes store decided to carry hentai games tomorrow, they'd be within their rights to do so.  Hell, if WalMart wanted to face the wrath of angry parents' groups, they could stock their shelves with AO rated games, too.

What stops them isn't a ban, isn't cencorship.  It's good old fashioned capitalism.  How do you make the largest profits?  Make your primary customer base happy.  I can understand why WalMart wouldn't carry an AO game, but I do think it's high time for Adult stores to start carrying AO games right next to their porno movies, vibrators, and bondage gear.  Because.... well, they can.  Legally.

Personally, I hope the developers of Rapeplay and similar games die of brain cancer, and anyone who plays it mysteriously contracts syphilis (woot!  there's MY freedom of expression!).  But ultimately, it's a legal product in the USA**.  So people whining about "censorship" can go fuck themselves (there's that free speech again...).

**(I footnote this because technically there are Federal laws that could denote virtual child pornography as illegal as real child pornography, just like Canada, Australia, and many other nations do.  For example, you could be fined and go to jail for importing certain manga or anime to Canada, even for personal use.  This provision has not been tested by the US courts yet, or even used to prosecute anyone that didn't also have real child porn on them.  And just for clarification, I would support it if virtual child pornography was deemed illegal, just as I already support it being illegal in other nations.)

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Ermm, forgive me if I'm wrong, but was there not a story within the last 2 weeks about a guy in the US who was prosecuted for possessing Loli manga? He collected a huge array of different types of manga as well, and he didn't have any real child pornography at all.

So that would seem to contradict your footnote.

And technically it's still censorship of a kind:

Self-censorship is the act of censoring or classifying one's own work (blogbook(s), film(s), or other means of expression), out of fear or deference to the sensibilities of others without an authority directly pressuring one to do so.

So yeah, these stores are refusing to show certain games/books out of fear or deference to the sensibilities of others. But it's all just semantics really, and I agree with your point. These adult video game makers should be working with adult stores to distribute these games if they want to make money.

And I'll add I wholeheartedly disagree with your support of banning them, but we can agree to disagree on that point.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

While I partially accept you definition of "censorship," I still uphold that that it only matters if it is enforced by law.  What we have here is a convergance of Rights that create what I would consider the "illusion of censorship."  Freedom of Expression allows people to form groups, and then to openly condemn the actions of a company.  They have the right to try to convince others that their view is right (and those people have the right to either join them, or ignore them, or create a counter-group).  A company has the right to stock whatever goods they want.  A privately run ratings board has the right to create a set of content descriptions (I have no issue with the ESRB, since I'm old enough to remember when Congress used to talk about creating thier own ratings system that would be law-enforced).  Companies have the right to carry only rated games, just as they have the right to do the opposite (and on this point, I actually do wish more stores would carry AO games, like Adult stores).

So essentially, unless you're willing to FORCE stores to stock certain content, or DEMAND that people shop where they don't want to shop, this issue is kind of waiting for independant or alternative stores to start selling these games.  You can't encroach on certain rights to rectify another situation where "technically," no rights are being denied.  "Technically," AO and Unrated games can be sold in the US. (EDIT: I'm not sure, but I think I recall New York passing a law saying that a game has display a rating, or something to that effect.  All I remember was that I was against it, but the Industry didn't seem to care, saying the law lacked teeth to do anything.)

(Side note:  I hadn't heard of that case of the lolicon manga.  To date, I've only heard of people getting additional charges for virtual child porn when they're already being charged for the real thing.  I'll have to look that up... unless you have a link?  Seriously, I don't distrust you, I'm just lazy, so a link would be awesome!)

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

"I footnote this because technically there are Federal laws that could denote virtual child pornography as illegal as real child pornography"

The Supreme Court has already ruled on the legality of virtual child pornography. Basically, their position boils down to "it's not illegal unless it's obscene". Virtual child pornography is thus generally protected by the first amendment.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Actually, you're only half right.  You're thinking of the Ashcroft vs. Free Speech Coalition case.  Since then, Congress has passed teh PROTECT Act of 2003, which makes it illegal to have or distribute virtual child pornography that depicts minors commiting certain explicit sexual acts, which according to the description, covers petty much any sexual act (graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex).

In addition, it's also illegal to have virtual child pornography that is concidered "obscene," or " lacks serious literary, artistic, political, or scientific value."  This basically covers just nude dipictions meant for pornographic purposes only, or more specifically, hentai and other forms of mastabatory aid.  The "obscenity" clause refers to the classic "Miller Test," which is determined based on contemporary community standards.  Considering the social attitudes towards child pornography in the United States, it's unlikely you're going to find many representatives who wouldn't call virtual child porn obscene.  The "obscenity" clause is also in place just in case the more explicit portion of the Act is ever questioned, as the "Miller Test" still maintains legal traction even to this day.

You are right that the Supreme Court did partially address the PROTECT Act, in US v. Williams.  But that case was not about virtual child porn, and the Court passed on the chance to take either side on the issue.  They did not support the Act, nor did they condemn it.

So, technically, I was right.  The laws are there, but they have yet to be fully tested.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

The PROTECT Act explicitly borrows language from the so called Miller test. The language is clearly such that the law only applies in cases where the speech is obscene, which is consistent with the Supreme Court's decision in Ashcroft v. The Free Speech Coalition.

Like I said, virtual child pornography is not illegal unless it's obscene.

Edited to add: According to Wikipedia, the Williams case did address the matter of virtual child pornography, with the court stating that "an offer to provide or request to receive virtual child pornography is not prohibited by the statute. A crime is committed only when the speaker believes or intends the listener to believe that the subject of the proposed transaction depicts real children... Simulated child pornography will be as available as ever, so long as it is offered and sought as such, and not as real child pornography."

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

After further checking, you are right that the Supreme Court did smack down the first part of the law.  But they still upheld the Miller Test portion, which is the part that truly matters.

Speaking of the Miller Test, it's is a barometer for comtemporary standards of "decency."  Or more simply, your assertion that it's "not illegal unless it's obscene" is a moot point, because most people would find virtual child porn obscene.  You'd have to search really hard for a sympathetic judge or jury that thought pictures of naked 12 year old anime girls wasn't obscene.  Maybe that will change someday (and I hope it doesn't), but for right now, all virtual child porn is "effectively" (if not technically) illegal.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I looked up a 2006 case (at the suggestion of another poster), in which a man was convicted based on some lolicon manga.  It pretty much confirms what I'm saying.  No jury or judge (currently) is going to accept that it isn't obscene.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

The man pled guilty, didn't he? That's hardly an ideal test case for your claim.

Anyway, the whole thing is just fucking ridiculous. There's far too many moralistic idiots in this country.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I agree with that last statement, but not in the way that supports your opinion.  Strange, that.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I wouldn't expect you to support my opinion. If you think people deserve to go to jail for looking at a fucking cartoon, then you are the moralistic idiot I am critizising so of course you would not agree.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Replying to your original post, where you said:

"1) the PROTECT Act came after Ashcroft v. The Free Speech Coalition,

2) explicitly says that dicticions of specific sexual acts are illegal, and

3) was not challenged by the Court when it had the chance.

So no, as of this moment in time, a large portion of virtual child porn IS illegal before even before being put to the Miller Test.  Unless they're only depicted as naked and nothing else, it's already illegal.
"

Like I said, the court in Williams did address the issue of virtual child pornography, even though it wasn't the focus of the case. The fact that the PROTECT act was written after Ashcroft v. The Free Speech Coalition doesn't change the fact that binding precedent is such that virtual child pornography that doesn't satisfy the Miller test's criteria is not illegal. The language in the PROTECT act that could be used to make child pornography illegal is, as far as I can tell, consistent with both the Miller test and the Supreme Court's decision in Ashcroft v. The Free Speech Coalition. Thus, nothing has changed since 2002 regarding the legality of virtual child pornography.

Whether or not a contemporary audience would deem virtual child pornography to be obscene is something that can only be determined on a case by case basis. Thus, for the millionth time, virtual child pornography is not illegal, unless it's obscene.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Well, it's not the millionth time, and I'm sad you're not having as much fun with this as I am.  But I did look it up further.  You were right about that part being struck down.  BUT, I still think that based on the Miller Test, it's "effectively" illegal no matter what you think.  Case by case?  I'd be willing to bet money that every case in the forseeable future will find it obscene.

Isn't that what this whole topic is about?  It started with GP stating that while it's not "technically" censored, it's "effectively" censored.  To much agreement and rage of many of the posters here.

I'm saying the same thing.  While Virtual Child Porn is not "technically" explicitly illegal, it "effectively" is.  And unlike the censorship issue, where there is a workaround by simply selling them in alternative stores, there is no workaround to the legality of virtual child porn.  It's not getting legalized until the social climate changes dramatically.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

There's no such thing as "effectively" illegal. Something is either illegal or it is not. Whether virtual child pornography turns out to be illegal in particular jurisdictions remains to be seen. Whether a game like RapeLay would satisfy all of the Miller's test's requirements likewise remains to be seen.

The Supreme Court has stated that virtual child pornography can in fact be legal, which is enough to contradict the claim that it's illegal -- effectively or otherwise.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Fine, then it's flat out illegal without having to explicitly say it is.  "Free Speech and all that... except for this little loophole that lets juries and judges condemn it anyway."  The Court gets its cake and eats it, too.  They don't strike down free speech, but at the same time don't give virtual child porn a free pass.  And unless you can honestly, and I mean HONESTLY, tell me you think most people DON'T have a problem with it, then it's going to be illegal every time it turns up in court for quite a while.

Look.  If it looks like a kitten, and sounds like a kitten, and tastes like a kitten... then damnit, it's a kitten!  If people are getting charged and convicted for lolicon, and the law is clear that they can be charged and convicted for it, then that's a sure bet it's probably illegal.  Unless you're applying the "it's only illegal if you get caught" logic, in which case I have to consider you an idiot.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

"Look.  If it looks like a kitten, and sounds like a kitten, and tastes like a kitten... then damnit, it's a kitten!" 

However, isnt the whole concept of lolican 18 + year old women (usually), who like to dress up and look younger then they actually are?  So isnt your example kinda bad when you say it looks like a kitten, sounds like a kitten, etc but its actually a cat?  Lets face it alot of asian women look younger then they actually are.  So going by the arguement that they look like there 15, then we should treat them as 15, even though they are actually 19?  Where I work, there was this little asian girl who came in and asked about her job application which you have to be 18 to work at the store(or close to 18).  I swear she looked 14-15. Going by if they look like a kid argument, we probably shouldn't hire her, even if she proves to be the best worker in the store.

Fine, we understand you don't like lolican, I don't buy it myself, but I defend the right for companies to make it, if they believe they have a market for it(true free market and all, and not a free market but o we find this objectionable).  Me, I don't care much for the bible and find parts of it offensive and obscene even though we sell a crap load at my store.  However, you wont see me asking for it to be not sold/made.  If we were to ban everything that offends someone, there would be nothing left to sell.

If at the local community level, if a group of people decide to live in a closed off, certain products are banned, etc then thats fine.  If you don't like it, you can move to a neighboring village.  If you want to live like say in an Amnish village, more power to you.  However, no one has the right to say that the whole country should live and practice amnish beliefs and living style.

The irony about all this press release on Rapelay is that it probably has increased sales of the game or pirate downloads off the net far more then if no one had said a thing about the game.  I had never heard of Rapelay before it became a protest symbol.  When the catholic church called for boycotts of Da Vinci Code when it was showing at the theater, I became curious about the movie and went to see it.  If the church had not got its panties in a bunch, I probably would never have gone to see the movie(and I ended up enjoying it).  Do yall really think the game company that made Rapelay is worried about bad press?  I would love to see there sales report pre-protest and post-protest.  Isn't this the same reason why Take-Two enjoys the free bad press about GTA, since it usually produces more sales then what they would have gotten.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

You can't say virtual child pornography is "flat out illegal" when the Supreme Court has ruled virtual child pornography is not illegal simply for looking like child pornography. It has to be obscene to be illegal, and in that case it's illegal for being obscene, and not for looking like child pornography. It's that simple. Any other way to look at it is just massaging the truth in order to get it to agree with your false claim that virtual child pornography is illegal. It is not.

I love it how in the end you say "it's probably illegal", when in your first sentence you said "it's flat out illegal". It cannot possibly be both of those things. The true answer, as per the letter of the law, is that it's not illegal unless it's also obscene. You can't get around that, except by intentionally misrepresenting the facts.

Never mind that nonsense about kittens. I have a better analogy: You hear hoofbeats and you think "Horse", when in fact it's a Zebra.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

"Here's an editorial about the juicy Rapelay issue that we and everyone else have been breathlessly covering, about why we don't need to talk about Rapelay."

I'm getting some serious mixed messages here. :p

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Mixed messages?

I would put it as 'not that far above trolling'.  GP is basically saying that gamers shouldn't whine so much about something they see as a negative direction politics are taking because the politics are already bad.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

No kidding, the headline on this story frankly frightens me regarding GP's political views.

It boils down to, "Japanese rape game shines light on ridiculous US censorship policy, O well, lets not bother fighting it, since its already banned here".

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Okay, OUTLINE time...

I. The Issue

  A.  The game RapeLay is under scrutiny for its content.

II.  The Sides

  A.  The "Yay" Side

    i.  The game RapeLay is to be deemed inappropriate content due to its portrayal of rape/pedophilia/obscenity.  Such a game offers little to no social value, and is more of a moral danger than an artistic work.

  B.  The "Nay" Side

    i.  The game RapeLay is to be deemed protected under the First Amendment of the U.S. Constitution.  Such protection allows the game RapeLay to be sold legally in the United States.  This right will not impose upon the rights of distributors to refuse the sale of RapeLay to their consumers.

III.  The Actions

 A.  The "Yay" Side

   i.  A ban, both physical and network-based, will be enacted upon the importation and sale of RapeLay.  Titles/imports of similar nature/content will be evaluated on a case-by-case basis.

 B.  The "Nay" Side

   i.  A ban, both physical and network-based, will be prohibited from taking place upon the importation and sale of RapeLay.  Titles/imports of similar nature/content will be evaluated on a case-by-case basis.

 

This is an outline to help people new to the argument decide what to support, etc.

 

"HEY! LISTEN!"

"HEY! LISTEN!"

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

creeped out?? by Rapelay?? This is considered tame sex compared to the other fetishes the Japanese fap off to.

If only they knew....if only.....the 3rd A-bomb will be dropped by a feminazi group if they had the chance

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I think there are no boundaries towards what kind of video game people should or shouldn't be allowed to play.

People seem to think that legislation will stop people playing these games, but it won't matter in the end. The game has had so much publicity lately that I am sure ten times as many people now have a copy of the game than would have otherwise.

Games like this aren't a nuisance for society, they are a nuisance for politicians and moral crusaders who can't bare the knowledge knowing that a game like this is being propogated. More often than not, attempts to censure something like this only end up with its voice being amplified exponentially.

What is the real agenda here? Do people want to make sure that the creators of the game don't make a profit? Do they want everyone to know that they are vehemently against the game? Or is it that they just can't stand to see something like this?

Regardless, no matter how much people yack about it or attempt to bring down the game/publisher/creator, there are probably hundreds of people playing the game this very moment, probably jerking off too. Has any of this drama stopped that? No.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Another part of it could be that people still see video games as children's toys, thus, a game like this is marketing sex to children.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I'm not sure about this one to be honest. I don't think even the most ignorant politician would assume that a game about rape is being marketed to children.

I look forward to being proven wrong, as is bound to happen.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I'll put it this way, Grant Theft Auto is clearly marketed to adults, and we've seen all the arguments.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

The real agenda is that people gain power by spearheading causes with people behind them.  It is a good way to build your powerbase without the risk of alienatiting anyone with enough power behind them to hurt you.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Makes sense to me.

But in the meantime, congratulations to the game creators for their great success.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

 Lolicon sounds better than pedophile, but at the end of the day it is the same thing.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

You sir, are an extremely ignorant person. You are equating the sexual abuse of real children with the sexual abuse (?) of a drawing or computer generated 3d model. You'll forgive me if I seriously question your thought processes. 

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

well yeah apart from one violates the rights of a real human child, and one violates the 'rights' of a fictional character made out of various coloured ink arranged on  some paper.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Not really. There is a world of differnce between enjoying reading/viewing something and having any desire to actually do it.

I am pretty sure when I was playing Bioshock, wanting to club the little sisters with a wrench did not mean I want to go club people to death with plumbing implements. Or when I am playing a multiplayer FPS, shooting people in game does not mean I secretly desire to shoot actual people.

Enjoying fantasy != Enjoying reality

In most people they are VERY differnt things.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

I was gonna say, if a person got off on such imagery I'd much rater it be a fictional drawign rather than an actualy photo.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

There is that too.

I would much rather someone satisify thier desires in a virtual way then commit a real crime.

Then again the argument against things like RapeLay (and GTA) is that they 'pander' and thus increase the probably of someone taking a repressed desire that they can actualize in a virtual world and take it to the real one.

Now there is no actual science behind the later argument (and quite a bit for the former) but the latter always makes for better news clips.

I think part of it is people feel a need to explain why someone did something they find abhorent... and 'corrupted by external influence' is a popular and reassuring one.  People do not like to think that they have such possiblities in them naturally.. which due to the standford experiments, we know they in fact do.  Ugh.  I think the standford experiments should be required reading for all elementry school students....

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

FPS sounds better than Murderer Training System, but at the end of the day it's the same thing.

Well, except that in both cases saying something is the same as something else doesn't prove it to be true.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Ok, that was much better put then my response ^_^

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

mikedo2007

oh boy, since when does Japan start banning rape game since they were the producers of it?  I know Japan has bunch of double standards but this is getting ridiculous. 

 

cue the anime haters sayinhg Japan is doing the right thing and supporting this movement in 3...2...1

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Re-read the article buddy. It's not banned in Japan, but if it were submitted to the ESRB in the US it'd be a de-facto ban as no retailer would carry, save for adult media shops.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

mikedo2007

I did, I must have somehow misstype (I was putting link to this article on ANN), and I guess when I was typing the comment.  I must have accidently put banned or forgot to put not ban or something like that.  But if Japan did that, that would be a bit awkward don't you think.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

Actually, such games ARE illegal in the US and prosecutable under the 2003 Protect Act.

All it takes is a prosecutor willing to take such a case to trial, which has happened already.

So we are not talking a de-facto ban, or a 'no place will sell it' problem, but a literal federal crime that can land you in prison for over a decade and mark you as a sex offender for the rest of you life.  And yes.. people are locked up (or at least have their lives destroyed) under such laws.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

"Actually, such games ARE illegal in the US and prosecutable under the 2003 Protect Act."

Not necessarily. A game like RapeLay would not be illegal unless it failed to pass the Miller Test. Even the text of the law you cited acknowledges that by using terms like "obscene" and "lacks serious literary, artistic, political, or scientific value". Some jurisdictions might consider such a game to be obscene, but I'm not so sure enough of them would that you could honestly call it "illegal in the US" as you just did.

PS - I happen to think treating obscenity differently than other kinds of speech is just a way for the government to rationalize censorship, but that's a whole other discussion.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

 For Protect Act to be applicable to the above item Japan would have to release the game in America with a claim that the people potrayed in it are under age.  Every hentai game I have ever seen circumvents this easily by saying yeah she looks 16 but shes 18 yeah she looks young but shes 18 etc etc etc.

Its almost impossible to enforce the above Act due to the fact that cartoon people are fictional and therefore have no age.

Re: Why Fret Over Japanese Ban? RapeLay Is Already Banned ...

(1) It does not have to be offically released in the US to count.  Imports are prosecutable.

(2) The age does not have to be expcliticly mentioned.  As long as a 'reasonable' person can be lead to believe children are depected, that is suffient.  One only has to convince a jury.

(3) The act has been enforced and there have been at least 2 succesful prosecutions.  One of them was a guy (obsessive manga collector) who had lolicon manga in a box of imports that customs openned up, and nothing else.

 
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Jessy Hart@E. Zachary Knight Is that show called Pac-Man and the Ghostly Adventures?09/30/2014 - 3:34pm
IanCWin 8 isn't bad, it just can't decide whether to be a desktop OS or a tablet OS.09/30/2014 - 2:40pm
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E. Zachary KnightSo a Tetris movie is happening. Here is the link. Reads like a joke: http://blogs.wsj.com/speakeasy/2014/09/30/tetris-movie/09/30/2014 - 11:47am
E. Zachary KnightSo is it worth getting the Season Pass?09/30/2014 - 11:45am
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