I think I would argue, in my trial, that he is a fictional Russian citizen from 2258 and my sentence or fine shouldn't come due until the year of his birth, 2241, when he fictionally acquires protection under Russian and Federation law. :|
The idea that writing about the sexual experiences of teenagers should be illegal is just...well, are we going to arrest the cast and crew of Gossip Girl? The Vampire Diaries? The authors of those and similar series of books? Can these shows not be shown on Australian television? And this despite the fact that not only do they reflect the experiences of the teenagers consuming them, but undoubtedly reflect many of the experiences of the writers creating them.
Goodness, I think I read my first slash fanfic when I was...at the oldest, thirteen. It was written by older teenagers and college students, whose names I suppose must be changed to protect them from their scandelous legal transgressions, because they were writing it about Gundam Wing and YuYuHakusho.
Now, there's some legal complexity. As I was discussing recently, the YYH fandom popularly slashed the characters Kurama and Hiei, which was a huge slash pairing in the Japanese fandom. However, most American fans believed Hiei was a 500 year old demon, as access to the series either in manga or anime form was initially limited.
Even after it became easier to get VHS fansubs and more people had read the manga, many fans persisted in this belief. Now, I believe best evidence shows that Hiei is probably about ten-twelve years old when he first appears in the series, maybe fifteen-seventeen by the end, and quite twee when he appears in a backstory with Kurama in volume 7 or 8 of the manga.
So, Australia, can fans be punished for writing pornographic Hiei/Kurama fanfiction depecting the character as a 500 year old demon because they did not know that by the original creator's intention he was quite probably an adolescent? This is certainly a case where it could be argued he acted/sounded/behaved, in some ways, old enough, or at least that it was plausible he was older than twelve because it's honestly difficult to tell with anime and manga characters.
"I didn't know that fictional construct was a little boy, ossifar!"
no subject
The idea that writing about the sexual experiences of teenagers should be illegal is just...well, are we going to arrest the cast and crew of Gossip Girl? The Vampire Diaries? The authors of those and similar series of books? Can these shows not be shown on Australian television? And this despite the fact that not only do they reflect the experiences of the teenagers consuming them, but undoubtedly reflect many of the experiences of the writers creating them.
Goodness, I think I read my first slash fanfic when I was...at the oldest, thirteen. It was written by older teenagers and college students, whose names I suppose must be changed to protect them from their scandelous legal transgressions, because they were writing it about Gundam Wing and YuYuHakusho.
Now, there's some legal complexity. As I was discussing recently, the YYH fandom popularly slashed the characters Kurama and Hiei, which was a huge slash pairing in the Japanese fandom. However, most American fans believed Hiei was a 500 year old demon, as access to the series either in manga or anime form was initially limited.
Even after it became easier to get VHS fansubs and more people had read the manga, many fans persisted in this belief. Now, I believe best evidence shows that Hiei is probably about ten-twelve years old when he first appears in the series, maybe fifteen-seventeen by the end, and quite twee when he appears in a backstory with Kurama in volume 7 or 8 of the manga.
So, Australia, can fans be punished for writing pornographic Hiei/Kurama fanfiction depecting the character as a 500 year old demon because they did not know that by the original creator's intention he was quite probably an adolescent? This is certainly a case where it could be argued he acted/sounded/behaved, in some ways, old enough, or at least that it was plausible he was older than twelve because it's honestly difficult to tell with anime and manga characters.
"I didn't know that fictional construct was a little boy, ossifar!"