Vorp
09/26/13 04:18AM
So about those deleted comments
So, uh, addressing the elephant in the room here. The discussion's been removed from the comment section, so as per Vann's suggestion, I'll move it over to the forums.

Plain and simply, this is a porn site. I don't feel comfortable discussing porn with someone I know is a minor. Now, I won't pretend I didn't browse porn when I was a teenager, but it's still the duty of the mods to boot anyone revealed to be underage from the site. This is a serious issue. It's the law. You can't just look the other way.
Mindwipe
09/26/13 04:26AM
As I explained in the comments that were deleted (goddammit, Vanndril), the rule is that you shouldn't view the site if you're under 18, because you shouldn't view porn if you're under 18, and banning someone will not prevent them from viewing the site. Banning just removes their ability to post and comment (until they use a new IP address to make a new account). We also have no way of validating any user's age, as we do not ask for any sort of identification.

I don't really think there's anything we can do.
Vorp
09/26/13 06:28AM
Obviously there's no way to prevent minors from accessing the site outright, but if someone reveals that they're under 18, you really should delete the account. It won't prevent them from viewing the site, or even just making another account, but it would show that you're doing something.
HypnoMangaEditor
09/26/13 08:50AM
Like I said, you don't even have that 18+ requirement anywhere viewable on this page. It is not advertised on the front page (where you need to put it) and the Terms of Service link leads to a 404. These 2 things need to be fixed asap.

Mindwipe said:
[...] and banning someone will not prevent them from viewing the site. Banning just removes their ability to post and comment (until they use a new IP address to make a new account)[...]

[..]I don't really think there's anything we can do.

I am gonna be direct here. That's not our problem. It's yours. You are obligated to find a way. If you are unable to, you have to close the site for everyone. There are also users that have a permanent IP. Don't assume everyone has a dynamic IP. Not even trying isn't good enough. You might as well then say the site is free for everyone.

Mindwipe said:We also have no way of validating any user's age, as we do not ask for any sort of identification.


You aren't obligated to validate every users age (at least I think you don't, I am no lawyer), but if someone tells you that he is under 18, you have to act.

Let's take it one step further, shall we? What if someone uses this board for some kind of criminal activity, e.g. meeting up with viewers that previously stated they are under age? Will you do nothing? You know you have to inform authorities, give them IP addresses and additional information if you have it (like meetup place, time, personal addresses if available ..), do you?
Mindwipe
09/26/13 09:26AM
HypnoMangaEditor said:
Like I said, you don't even have that 18+ requirement anywhere viewable on this page.


It's in the rules, which are linked in the wiki.

It is not advertised on the front page (where you need to put it)


Gelbooru doesn't put their 18+ rule on the front page, and they have way more pornographic material than we do.

and the Terms of Service link leads to a 404.


I don't know if we can even fix that, but I don't see what difference it makes when the rules are essentially the same thing.

I am gonna be direct here. That's not our problem. It's yours. You are obligated to find a way. If you are unable to, you have to close the site for everyone.


Well, you heard him, guys. HypnoHub is closed because a 15-year-old figured out how to put a URL in his search bar and there's no way to prevent him from ever accessing this site again. It was fun while it lasted.

It's not our job to keep minors from looking at porn, that's their parents' job. And we CAN'T block someone from viewing this site. Period.

You might as well then say the site is free for everyone.


Umm... it is? Like I said, we don't ask for age verification. So, if you know our URL, you can access us, and by creating a free account (that doesn't ask for any type of identification), you get full access to all our features. The 18+ rule is just a warning that this site has adult materials.


Let's take it one step further, shall we? What if someone uses this board for some kind of criminal activity, e.g. meeting up with viewers that previously stated they are under age? Will you do nothing? You know you have to inform authorities, give them IP addresses and additional information if you have it (like meetup place, time, personal addresses if available ..), do you?


If we become aware that illegal activities are being performed on the site, then of course those people will be banned and the authorities will be alerted. I don't know why you'd think we would turn a blind eye to criminal acts.

So, even though he has broken no other site rules, and there is no way to prevent his underage eyes from viewing the images and conversations on this site, and he's even contributed material to this site, will it make you guys feel better if I ban him? A 3-year ban, so he can post again when he's 18? Will that make this whole mess go away? Because I just want this to be over at this point.
Vorp
09/26/13 09:46AM
Yes, honestly. Him having contributed material doesn't change the fact that he's under 18. If you know a user is underage, it's your obligation to ban them.
Stem_Cell
09/26/13 10:04AM
Whoa... I've been away from the site a couple of days and have no idea what's going on, but...

Did I get it right? Some innocent and pure little child of only fifteen years was suffering from the despicable corruption of porn, intoxicating his puberty by the morally wrong effects of his own desire to browse the site, which certainly is our fault?

If so, moral crusaders out there, please throw the first stone if you were much different at that age.

Also, kids wandering around are not our responsibility.

h1. That is what parents are for.

ï¾ 
Let me remind you that under most civilized cultures and countries, the age of consent is more or less 15 (in Germany for example, it's 14). I doubt you can sue a website for letting your kid type it into the address bar.
Fossilbrand
09/26/13 10:19AM
Woah. The stuff you miss not looking at comments. First of all I agree with Mindwipe. It doesn't matter now if we do ban him. We seem to be operation just like all the other boorus that has pornographic content. Yes they don't have that warning and that serves them fine...maybe. Hell I've been on other hypno sites and they don't have the 18+ warning and they have been up for years. Even if this kid does get banned, he can always make a new account with resentment.

I know this is a touchy subject but as of now I see no reason to ban this kid. Yeah I care about this site and don't want to see it shut down but I also like to operate by common sense and this doesn't seem like the right thing to do.
HypnoMangaEditor
09/26/13 10:35AM
Mindwipe said:
It's in the rules, which are linked in the wiki.

Not good enough. There has to be something on the front page. They made this a law 2 years ago.

Mindwipe said:
Gelbooru doesn't put their 18+ rule on the front page, and they have way more pornographic material than we do.

It never mattered what other sites did.

Mindwipe said:I don't know if we can even fix that, but I don't see what difference it makes when the rules are essentially the same thing.

I am sure fixing a broken link is a pretty easy thing to do.

Mindwipe said:
Well, you heard him, guys. HypnoHub is closed because a 15-year-old figured out how to put a URL in his search bar and there's no way to prevent him from ever accessing this site again. It was fun while it lasted.

Or you could just deal with him like you have to. You don't know if he makes another account or if he is the same user if he comes back, but that user shouldn't be allowed here, so you have to do something.

Mindwipe said:
It's not our job to keep minors from looking at porn, that's their parents' job. And we CAN'T block someone from viewing this site. Period.

Yes it is your job as a moderator if he claims being underage.

Mindwipe said:
Umm... it is? Like I said, we don't ask for age verification. So, if you know our URL, you can access us, and by creating a free account (that doesn't ask for any type of identification), you get full access to all our features. The 18+ rule is just a warning that this site has adult materials.

You have to agree that you are 18+. If you agree to that and are not you are BREAKING THE RULES of this site. It doesn't matter if you cannot verify his age, he admitted breaking a rule and you have to deal with it and not say something like "Did you? I cannot check it anyway so .. who cares?". And in this case it isn't something where you could say "just don't do it again".

Mindwipe said:
If we become aware that illegal activities are being performed on the site, then of course those people will be banned and the authorities will be alerted. I don't know why you'd think we would turn a blind eye to criminal acts.

So, even though he has broken no other site rules, and there is no way to prevent his underage eyes from viewing the images and conversations on this site, and he's even contributed material to this site, will it make you guys feel better if I ban him? A 3-year ban, so he can post again when he's 18? Will that make this whole mess go away? Because I just want this to be over at this point.

Him contributing makes it even worse. It's not about making us feel better, it's about responsibility and doing the right thing.

Stem_Cell said:
Whoa... I've been away from the site a couple of days and have no idea what's going on, but...

Did I get it right? Some innocent and pure little child of only fifteen years was suffering from the despicable corruption of porn, intoxicating his puberty by the morally wrong effects of his own desire to browse the site, which certainly is our fault?

If so, moral crusaders out there, please throw the first stone if you were much different at that age.

Also, kids wandering around are not our responsibility.

h1. That is what parents are for.


Let me remind you that under most civilized cultures and countries, the age of consent is more or less 15 (in Germany for example, it's 14). I doubt you can sue a website for letting your kid type it into the address bar.


Sorry to say this, but that's not correct I am afraid. What you are talking about is solely for the purpose of making a contract when buying things IRL. It doesn't work like that on the internet - you have to be 18 there or the Account is required to be made by the parents if the Terms of Use allow it.

The Terms of Use on this site don't and I am pretty sure there's some law that does not allow it for 18+ content sites (again I am no lawyer, but I have never seen something like that on 18+ sites) we don't have them even linked up correctly and accessible from every page (like it is required). Before even allowing something for this site, I would strongly suggest talking to a lawyer specialized in this, or just plain out not allow it at all.

Then, and only then you may say "It's the parents responsibility".
HypnoMangaEditor
09/26/13 11:04AM
As a final posting from me to this whole thing - In the end, it is your decision Mindwipe and I never intended to force you into anything or tell you how you have to do your job.

You have to make the decision and if anything comes up, you are the person being held responsible for it. That's what it means to be a moderator/admin.
Mindwipe
09/26/13 11:21AM
Okay, first of all, it is not our duty or obligation to ban anyone for anything. Banning is done at moderator discretion, and is a last resort to deal with a user who is consistently breaking rules and ignoring warnings.

Secondly, I'm looking really hard and I cannot find any laws (at least in the US, where Vanndril and I are located) that states that we are required to keep minors off of our site. In fact, the only law I can find that ever tried to do that was struck down by the Supreme Court for being unconstitutional. I don't know what country our server is located in (I'd have to ask Vanndril), and I don't even know if we're required to follow the pornography laws of that country, but as far as our own country of origin, I can find no evidence that we are breaking the law. If you can point out a law we're breaking, do so.

And, lastly, as I have already stated many times, banning him will not solve the problem that the rule was created for in the first place, which is to keep minors from viewing explicit materials.

Edit: Actually, a few more things: First, everyone stop playing armchair lawyers. Like I said, if you can point out a law we're breaking, do so. Do not just say "I think there's a law...", because that isn't helping. Show us. Second, stop trying to act like moral guardians. It is, regardless of our own obligations, the parents' responsibility to decide what is and is not appropriate for their children to view. It is not illegal for a parent to show their children porn, or allow them to view porn on their own. If interacting with the person who claimed to be underage makes you uncomfortable, then do not do so. And certainly don't try to meet up with him IRL, for obvious reasons.
Stem_Cell
09/26/13 12:36PM
HypnoMangaEditor said:
Sorry to say this, but that's not correct I am afraid. What you are talking about is solely for the purpose of making a contract when buying things IRL.

No, I was talking about the fact that in Germany a 21 year old can have sex with a 14 year old legally, as long as there's consent.

But anyway, you have only said vague and moral-crusade things such as

You are obligated to find a way. If you are unable to, you have to close the site for everyone.



it's about responsibility and doing the right thing.



I am pretty sure there's some law that does not allow it


Let me remind you: Gelbooru, Danbooru, Sankaku Channel, E-Hentai, etc. are all seemingly hosted in the US under US law for a long time, never had such moralist bullshit going around and nobody's suing them.

And not only there is no consequence for allowing such a normal behavior: there are times when the law is wrong. There are times when nobody follows a law, and the law loses effect. If everyone gives a sick law the middle finger, it's your chance to do that too. To do the right thing.
Stem_Cell
09/26/13 12:44PM
Mindwipe said:
I don't know what country our server is located in (I'd have to ask Vanndril)

I'm surprised to say that it appears to be located in the Netherlands.
The domain itself is of course US-based, registered by NameCheap through eNom. Contact information for the person who registered the domain is unavailable.
HypnoMangaEditor
09/26/13 01:25PM
Like I said I am done with this discussion. If the Mod says he won't do anything on his site, then this has been dealt with.
Fossilbrand
09/26/13 05:04PM
Well just so long that everyone knows that we're a community. The hypno community hasn really had good luck in the past so everyone is on edge. Coming from only myself I do appreciate the concern from both sides. We all come from the same understanding that we do not want to lose this site or our contacts we've made on here. So I just want to make sure that is understood.

Secondly is that I know that this was a big deal. Now that its calming down I don't want any bad blood to get in between the community and what we like. The last thing we need is this to snowball into a rivalry thing. So kiss, make up, and go trance each other.

Now if you guys can excuse me, I have a thieves guild in Skyrim to run and a cowl of the nocturnal to find.
1 23>>>


Forum Index