Copyright Statement
This web site is copyright to Crescendo Communications.
Reproduction for any purposes other than linking to this site
and journalistic review is prohibited unless written consent has
been obtained from the author.
In this context, the "site" comprises pages on
"macrophile.com" that do not use a leading tilde ("~") user
directory. Pages under "~username" directories belong to their
respective users, and those user copyrights supersede this site
statement.
Referenced and attributed works may include:
- Artwork, imagery, and stories by Dr. Samuel Conway.
- Stories, web, and CGI work by Crescendo Communications.
- The Macrophile logo registered by Kenneth Sample.
CDA Commentary
In Reno v. ACLU, the Communications Decency Act was
ruled unconstitutional by the U.S. Supreme Court.
In the absence of evidence to the contrary, government
regulation of speech content is presumed more likely to
interfere with the free exchange of ideas than to encourage it.
This site is intended as an adult-oriented information and art
archive. The operator cannot determine viewer age by IP address,
and therefore provides notice regarding adult orientation.
Legalities Concerning This Site
This website is served within the United States and subject to
U.S. jurisdiction.
The obscenity framework referenced is the three-part
Miller v. California test:
-
Whether an average person applying contemporary community
standards would find a prurient appeal in the work as a whole.
-
Whether the work as a whole is patently offensive.
-
Whether the work as a whole lacks serious literary, artistic,
political, or scientific value.
The legacy statement argues all three criteria must be met for
material to be deemed obscene and outside constitutional
protection, and that this site does not meet that threshold.
While some viewers may find portions of the site offensive, the
position stated is that the content remains constitutionally
protected speech and viewing is voluntary.
A Note Concerning Minors
Referencing Ginsberg v. New York, the statement notes
that tighter standards may apply to minors, while also
maintaining that this site is not designed for minors.
The page states that, where possible, content may be marked as
inappropriate for minors and that filtering vendors may be
notified.
And concerning parental responsibility...
For a word on parental responsibility, Lori Fena, executive
director of the Electronic Frontier Foundation:
What [Reno v. ACLU] means is that the responsibility for
controlling our content lies on us -- the citizens and the
parents -- and this is a call for all of us once again to
demonstrate how we can trusted to use this medium responsibly."
I have done my part. Please do yours.