- Apr 5, 2018
- 367
- 728
@reciprocate You are right, BUT, I was just merely answering your previous question...
Ok, for realsies now, the thing with laws is that they run on technicalities, so... technically speaking, no, is not illegal to produce or distribute fake incest porn, and in the case of real-life video, is up to the prosecutor to prove the actors are actually related in whatever way that state defines it, and that in the case incest is actually illegal in whatever place the video was shot.
HOWEVER, the US has a little something called Obscenity Laws, which prohibit the sale and distribution of obscene material of any kind, and what is obscene material? well, that's up to the courts to determine on a case by case basis, which in the case of incest makes for a difficult case, one that Patreon (with PayPal looming over its shoulder) wouldn't want to put the effort in, or get the kind of attention it would draw to it, especially with the kind of scenarios some developers come up with in these games (seriously, real-life videos are pretty mild in comparison), so in a sense is actually somewhat wise to avoid such problems before they surface.
I already read that Wiki article, I'll suggest you read the one in Obscenity laws in the US, so you can get an idea of what the problem may entail since when something is deemed Obscene is not actually protected by freedom of speech laws and such.
You can also add to it that in certain jurisdictions, it's actually illegal to portray a minor (be either fictionally or by an adult actor), and that, for some reason, most games of this kind tend to have minors as main characters or love interests, so there's another thing there to try to prove to the court that it isn't obscene either.
By the way, I'm talking out of what I've read on the topic, which means I might be totally wrong, so if anyone with actual legal knowledge can clear this up I would be pretty interested in it too.
Ok, for realsies now, the thing with laws is that they run on technicalities, so... technically speaking, no, is not illegal to produce or distribute fake incest porn, and in the case of real-life video, is up to the prosecutor to prove the actors are actually related in whatever way that state defines it, and that in the case incest is actually illegal in whatever place the video was shot.
HOWEVER, the US has a little something called Obscenity Laws, which prohibit the sale and distribution of obscene material of any kind, and what is obscene material? well, that's up to the courts to determine on a case by case basis, which in the case of incest makes for a difficult case, one that Patreon (with PayPal looming over its shoulder) wouldn't want to put the effort in, or get the kind of attention it would draw to it, especially with the kind of scenarios some developers come up with in these games (seriously, real-life videos are pretty mild in comparison), so in a sense is actually somewhat wise to avoid such problems before they surface.
I already read that Wiki article, I'll suggest you read the one in Obscenity laws in the US, so you can get an idea of what the problem may entail since when something is deemed Obscene is not actually protected by freedom of speech laws and such.
You can also add to it that in certain jurisdictions, it's actually illegal to portray a minor (be either fictionally or by an adult actor), and that, for some reason, most games of this kind tend to have minors as main characters or love interests, so there's another thing there to try to prove to the court that it isn't obscene either.
By the way, I'm talking out of what I've read on the topic, which means I might be totally wrong, so if anyone with actual legal knowledge can clear this up I would be pretty interested in it too.
