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Court Rules Burning Porn = Making Porn

Posted by Zonk on from the that's-kind-of-a-stretch dept.

An anonymous reader writes "An appeals court has upheld the prosecution of a Michigan man who was charged with production of child pornography after downloading and burning pornographic pictures from the Internet. The pictures were created by a Russian website that the man was not affiliated with in any form. From the court decision (PDF): 'After reviewing the dictionary definition of the word make, the circuit court stated that the bottom line was that, following the mechanical and technical act of burning images onto the CD-Rs, something new was created or made that did not previously exist.' Is this simply a court's overreaction to a scumbag pedophile? And how does this affect the lawsuits by the BSA, RIAA, and MPAA?"

4 of 887 comments (clear)

  1. Re:Good... by ichthus · · Score: 0, Troll

    Ah yes. Spoken like a true AC. So, let's just look the other way, or rationalize, or normalize pedophilia. Yeah, that's it!

    --
    sig: sauer
  2. Re:Three points by KarmaMB84 · · Score: 1, Troll

    For the same reason people get sick of looking at porn and start wanting the real thing more than they did before they started looking at porn...

  3. Re:Please read the ruling instead of the /. spin by Harker · · Score: 0, Troll
    He's not an abuser if he just burned a disk. If what he's done is `making porn` then the sentence for `making porn` should be dropped to a $5 fine or something. Otherwise you risk holding the law up to ridicule.


    This sounds like nothing more than justification.

    If it were not for these motherfuckers who download, buy or otherwise obtain kiddie porn, there would not be a market for it, and people would not produce it, or at the very least, the amount of it would decline, because there is not a market for it.

    Those who download and watch kiddie porn need to be held just as guilty as those who produce it, because they are part of the chain that causes it to be produced.

    All of them need to be taken out and shot in the head. They have no place in our society.

    H.
    --
    When VCR's are outlawed, only outlaws will have VCR's.
  4. Re:Why? by gaspyy · · Score: 0, Troll

    Petty behaviour?

    So, what are you saying is that penalty for rape should only be 5 years so that you may not want to kill the victim too? What kind of twisted mentality is that?

    Back to the topic, I feel no sympathy for that guy. By burning files on a cd-rom, he demonstrated that he knew what he was doing - no "I accessed the files" by mistake". The files could've been for backup but maybe he wanted to resell them. So yes, he was creating more child pornography.

    You have to realize that he was part of the system. Because of people like him, children are abducted, abused, sometimes murdered.

    Why should I care for him?