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LiveJournal ToS - the best Ниже - самое прекрасное, этоt Term of Service аппелирует к амер. закону, по которому судили Берроуза за "Naked Lunch" (произведение Берроуза в результате судебного процесса признали "не неприличным" и "литературно ценным" и опубликовали в 1962, а появись оно сегодня, были бы те же проблемы). To what standard of decency are journals held? LiveJournal generally holds to the standards of "indecency" set forth by the United States Supreme Court decision handed down in the case "Miller vs. California". The "Miller Test" for defining indecency sets forth three guidelines: * The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; * the work depicts or describes, in a patently offensive way, sexually explicit conduct; * a reasonable person must find the work, taken as a whole, lacks serious literary, artistic, political or scientific value. In order for material to be considered indecent, it must meet these guidelines (with the exception of material that is illegal under applicable law, such as sexual images of minors). Please note that material can be "adult" without being "indecent". Also, LiveJournal has many users that are legally underage to view explicit material. Because of this, in some cases, stricter guidelines can be imposed. In particular, posts to non-age-restricted communities, comments in others' journals, and default user picture icons should be kept free of explicit content. If you frequently post material to your journal that can be considered of an "adult" nature, LiveJournal asks that you place a warning in your User Information ("bio") to that nature, warning that underage users should not view your journal. This is not mandatory, but can serve to protect both you and LiveJournal. If you are the maintainer of a community in which users regularly post explicit images, you must monitor the membership of your community carefully to make sure that all of your members are of legal age to view such material. Again, this is to protect both you and LiveJournal. |
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