d4 said:
i most certainly was not.
i said that as far as i can tell, the book does not match the legal definition of pornography as i understand it.
{snip}
dismissing the book as pornographic, a word that does indeed have a legal definition, when said book may not actually fit that definition is wrong, IMO.
To restate, here is the full definition from law.com"
pictures and/or writings of sexual activity intended solely to excite lascivious feelings of a particularly blatant and aberrational kind, such as acts involving children, animals, orgies, and all types of sexual intercourse. The printing, publication, sale and distribution of "hard core" pornography is either a felony or misdemeanor in most states. Since determining what is pornography and what is "soft core" and "hard core" are subjective questions to judges, juries and law enforcement officials, it is difficult to define, since the law cases cannot print examples for the courts to follow (emphasis mine)
Let me explain why I think the BoEF
could certainly fall under this legal definition.
Fact: Material that contains pictures and/or writings of sexual activity
may be considered pornographic based on a subjective definition.
Fact: The BoEF does contain pictures and/or writings of sexual activity. We've been told as much about the text, and some of the pictures that have been released do show such things. I think this is not in dispute.
Fact: By the transitive property, the BoEF
may be considered pornographic... based on a "subjective definition" by the "right people" at the "right time" in the "right place" (or wrong people at the wrong time in the wrong place, depending on your viewpoint).
Because "subjective definition" is in play, the BoEF may in fact be considered pornographic. And I would suggest that if you showed the BoEF off in, say, the Bible Belt, you'd have a greater chance of having it ruled "pornographic" than in, by contrast, Cal-Berkeley.
Again, I'm not saying it IS pornographic, but clearly, it does legally fall under an area where it could be considered such. Whether or not it IS found to be pornographic likely depends upon whom you ask, where you ask them, and what time of day it is, and whether or not the person you ask is a judge, jury member, or law enforcement official.

That's all I'm saying.
--The Sigil