Well, you're probably getting closer there. If someone wanted to
prosecute this today, there would be a lot of investigation required.
Who was responsible, when and where were they responsible, what laws
existed then, etc and all to try and put the toothpaste back in the
tube. Why didn't it get investigated when it occurred? Who knows, but
I'd bet there are good reasons why not. You can only get 5 gallons out
of a 5 gallon bucket and once the horse has left the barn, it's to late
once you have a bit more in the bucket.
In this case, you could easily find the picture was taken in another
country where it wasn't illegal (now you can't hold the photographer
accountable), placed on an album and distributed when the Attorney
General was investigating something that used his resources to the
fullest (war can do that, particularly when terrorism is involved) and
by the time the crisis was past, the company responsible had vanished
because of the death of the owner.
Those are all fabricated facts, but an equally plausible set could exist
for this case. I simply don't have information to make a determination,
but I've lived on this planet long enough to know that picture was never
acceptable in America (1776 to date). Had it been possible, they would
have went after the people responsible. Why they didn't, perhaps we'll
never know. It is simply possible that the people responsible no longer
exist. However, it is wrong to assume that it didn't happen because no
one believed it was illegal.
[mailto:email@example.com] On Behalf Of Thomas
Sent: Tuesday, December 09, 2008 12:29 PM
Subject: Re: [Wikipedia-l] UK Censorship
2008/12/9 DESLIPPE, MICHAEL CIV DCMA CIV DFAS
For the purpose of this argument, there is not a
soverign can choose when and how its will is exercised without ever
implying acceptance. There are cases in contract law and civil law where
that may by true, but it is never true in criminal law.
It implies it is more acceptable than the things they are spending
resources dealing with, so is this a form of child pornography the
police are willing to turn a blind eye to? That seems unlikely.
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