Milovana.com

According to the page regulations, they're not responsible for third-party websites, meaning, I don't think sending a Mediafire (or similar) link to someone will have consequences for me.

True, and that's not what I meant either. What we can't do is publicly list links to disallowed material here on milo.

What you choose to host elsewhere is obviously not a concern for this site as long as you don't link to it

I just read through the entire Terms of Service, I found nothing that hints at distribution of Mediafire links. However, you might wanna recheck the legal status of the tease. We looked at the legality in USA, California if I remember right. Guess what? That doesn't apply to Milo:

The Website is controlled and offered by Milovana from its facilities in the Netherlands. Milovana makes no representations that the Milovana Website is appropriate or available for use in other locations. Those who access or use the Milovana Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree that: (i) the Milovana Website shall be deemed solely based in the Netherlands; and (ii) the Milovana Website shall be deemed a passive website that does not give rise to personal jurisdiction over Milovana, either specific or general, in jurisdictions other than the Netherlands. These Terms of Service shall be governed by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and Milovana that arises in whole or in part from the Milovana Website shall be decided exclusively by a court of competent jurisdiction located in Amsterdam, Netherlands.

I saw a case in the Netherlands where people made Underage characters in Second Life and used them for sexual Roleplay with adults. It wasn't deemed illegal according to court, as it was clearly visible that no children were harmed for this.

It's not. Because Milo is responsible for content on the page, not what is on different pages.

LittleElfBoy wrote:It's not. Because Milo is responsible for content on the page, not what is on different pages.

Legally, links on your own site to illegal material hosted elsewhere, vs. having the illegal material hosted locally makes absolutely no difference what so ever.

The verdict against TPB is a good example there, Swedish jurisdiction so not directly relevant, but most other countries, including both the Netherlands as well as USA have similar legislation.

Hosting links to illegal content being held equally responsible as if you were hosting it locally.

And therefore, if seraph deems it necessary to remove any given content on this site (for example a tease), he will of course have to remove links to the same content hosted elsewhere as well - something he has made clear too several times lately.

As for jurisdiction, I believe Seraph very explicitly stated the site goes under US (CA) jurisdiction. I would assume due to where the company is registered and/or where the host is located.

In that respect, the rules you referred might be outdated and in need of adjustment.

LittleElfBoy wrote:I downloaded as much teases as I could once I heard they're going to be taken down. I dunno if redistributing over TeaseMe is going to be legit but here is what I saved so far (I downloaded all Anime Teases I could, some might never be taken down, but better safe than sorry):


-Black Rose Witch
-Cheer her up!
-Fun with C.C.
-Luka Megurine Teasing Software
-Matsumoto's experiment
-Samus´s intermisson
-The Velvet Room
-To the director´s office!

EDIT: Oh, I also have the HTML files for Joining the light music club.

I repost SeraphOx answer to LittleElfBoy earlier in this thread.

These rules include all entertainment content on the site. That means including teases, offline teases, videos, links to videos or other websites, stories, etc.

Wyatt

janmb wrote:

LittleElfBoy wrote:It's not. Because Milo is responsible for content on the page, not what is on different pages.

Legally, links on your own site to illegal material hosted elsewhere, vs. having the illegal material hosted locally makes absolutely no difference what so ever.

The verdict against TPB is a good example there, Swedish jurisdiction so not directly relevant, but most other countries, including both the Netherlands as well as USA have similar legislation.

Hosting links to illegal content being held equally responsible as if you were hosting it locally.

And therefore, if seraph deems it necessary to remove any given content on this site (for example a tease), he will of course have to remove links to the same content hosted elsewhere as well - something he has made clear too several times lately.

As for jurisdiction, I believe Seraph very explicitly stated the site goes under US (CA) jurisdiction. I would assume due to where the company is registered and/or where the host is located.

In that respect, the rules you referred might be outdated and in need of adjustment.

Just wanted to point out that TPB is hosting nothing and was never successfully sued. Also, I just quoted the Terms of Service. The registration of the company is more important than where the server is physically located.

les wrote:


http://www.makeuseof.com/tag/unfortunat ... t-feature/

I'm against child abuse and what those Predators do, but I'm extremely against internet censorship. Don't get me wrong, it's not that I want videos of children being molested are being send around, but those aggressive removal campaigns might lead to more stuff being removed. Refer to my signature to get what I mean.

Wyatt wrote:

LittleElfBoy wrote:I downloaded as much teases as I could once I heard they're going to be taken down. I dunno if redistributing over TeaseMe is going to be legit but here is what I saved so far (I downloaded all Anime Teases I could, some might never be taken down, but better safe than sorry):


-Black Rose Witch
-Cheer her up!
-Fun with C.C.
-Luka Megurine Teasing Software
-Matsumoto's experiment
-Samus´s intermisson
-The Velvet Room
-To the director´s office!

EDIT: Oh, I also have the HTML files for Joining the light music club.

I repost SeraphOx answer to LittleElfBoy earlier in this thread.

These rules include all entertainment content on the site. That means including teases, offline teases, videos, links to videos or other websites, stories, etc.

Wyatt

Alright, I can accept that. I'll give them out via non-related messaging services.

LittleElfBoy wrote:Just wanted to point out that TPB is hosting nothing and was never successfully sued.

The 3 original founders as well as a 4th businessman supporting them financially were all charged and convicted in Sweden a few years back. Fair enough, it has little or no bearing on TPB as a site and never could have (the prosecutors thinking otherwise is actually quite amusing), but you are wrong in one very important respect:

The line of thinking that merely linking to material hosted elsewhere puts you in the clear is dead wrong. TPB argued that very point adamantly during their trial, and correctly so, but was sentenced regardless - under the rationale that linking to the material did every bit the same crime as if they had hosted the content traditionally.

And after that, the laws in most jurisdictions, both NL and US who are both among the strictest in this field, have been long amended to very explicitly equalize linking to material with hosting it.

Personally I think this is a disaster and laws made just to meet a purpose rather than making sense and being Right, but unfortunately what me or you think is quite irrelevant when it comes to what carries risk of punishment and not.

http://thepiratebay.se/legal - I'll just leave this here and be done with it (Read the responses to EA and iRacing, those are the most hillarious IMO)

The link thing is the most retarded thing I have ever heard of. "This stuff is illegal here, but you can get it there." - that's the point of a link. Similarly, I could tell you "Weed is illegal in Germany, but you can get it in the Netherlands" - is knowing the Netherlands or putting it on maps soon be illegal too?

Just ignore my ranting, the question was rhetorical.

Anyways, moving to Sweden or Japan is on my schedule for the future, for now, I can be contacted via messaging services. Maybe I find a good place to let Anime teases get hosted freely. :3

Outlawing links happened once p2p sharing became popular...

No longer having a central hub to go after where the material was hosted (such as a classic server), they looked what the central server did in bit torrent based p2p sharing (tracker) and desperately searched for something to outlaw: Telling people where and how to get to the illegal content (links)

Lame, but kinda makes sense though... In terms of piracy, it makes zip difference to the crime picture whether a single server hosts it all, vs using p2p networks.

It doesn't really make sense, but whatever. I posted another thread about the legal standing of child porn and included an article from Rick Falkvinge. I hope we can move the legal discussion there, as talking about the teases here is beating a dead horse, Milo says it's banned here and there's nothing we could change about it now.

I'm not gonna lie and say that I haven't watched "hentai" before and there's nothing wrong with that. I think the issue I have with this tease is that while there is Family Guy or Simpsons porn, those shows weren't intended for children to watch. Some anime mainstreamed or not were designed and meant entirely for kids to watch, anime like Pokemon or Yugioh. Basically what I'm saying is that if you're gonna go with a "hentai" tease then try to avoid either mainstream anime or anime you know was specifically designed for children.

Again with this argument! What do you do with schoolgirl porn then? And female breasts are meant for children to suck too. Seriously, your argument is not even an argument.