Messages in this thread | | | Date | Thu, 10 Jun 1999 22:05:27 +0930 | From | Glen Turner <> | Subject | Re: Profanity in the Linux Kernel?!?!? |
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[People interesting in coding in C (as opposed to coding in legalese) should stop reading now...]
Ingo Molnar wrote: > This whole nice piece of australian legislature clearly defies > common logic.
If I had realised that the Australian situation had triggered this thread I would have posted earlier. Please note that I am strongly opposed to the AU legislation, to the extent of visiting pollies, being interviewed on radio, TV, etc. But puting all that to one side...
Given that the Linux kernel binary and source contains the word `fuck' what would happen to the distribution of Linux in AU?
CLASSIFICATION
The classifcation for computer games does not apply: Linux is excluded as "business, accounting or educational software is not regulated unless it contains `adult' type material".
The Office of Film and Literature Classification (OFLC) has stated that the Film classification applies to software that are not computer games [the Classification Act says computer programs generate images and are thus `films'].
The OFLC language criteria for film ratings are:
G "coarse language should be very mild and infrequent". examples given are: "bloody", "bugger"
PG "coarse language should be mild and infrequent". eg: "shit"
M15+ "coarse language may be used. Generally, coarse language that is stronger, detailed or very aggressive should: - be infrequent and - not be gratuitous". eg: "fuck"
MA15+ "coarse language may be used. Coarse language that is very strong, aggressive or detailed should not be gratuitous."
R18+ "there are virtually no restrictions on coarse language at R level."
X no language criteria
RC no language criteria
The OFLC regards the work `fuck' as strong language. Thus the Linux kernel would be rated M15+. A lower rating could be acheived by arguing that the Linux has:
- literary merit (the `Apple Computer' case decided that source code is a literary endevour)
- educational merit
- a scientific character
- causes little offence to standards of morality, decency and propiety
but let's ignore that for now.
PRACTICAL CONSEQUENCE OF A M15+ RATING TO INTERNET CONTENT
What would be the practical consequences of a M15+ rating?
Bugger all.
The amendments in the Broadcasting Services (Online Services) Bill concerning filtering and limiting access to content only apply to material rated R and above.
PRACTICAL CONSEQUENCE OF A M15+ RATING TO CDS
So what about CDs?
Again bugger all.
1) The Director of the Classification Board has to request that the CD be classified.
A film only has to be submitted for classification if it: "contains depictions or descriptions of sexual matters, drugs, nudity or violence that are likely to cause offence...".
Note the lack of "language". Thus a CD containing Linux would have to be "called in" by the OFLC to be rated.
At that stage a strong argument can be made for G rating.
2) Laws applying to the exhibition and sale of films only apply to films rated MA15+ and above. So if (1) above occurred it would still be perfectly fine to sell CDs marked "M15+" to everyone.
The above comes from discussions with the legal eagles on our staff (we have an few people who caught the computing bug whilst studying law), with the OFLC, and with the office of the responsible South Australian minister. Naturally, if it matters to you, then you should pay a lawyer.
Now that we have all that settled, I'll put aside my Commonwealth of Australia Consoldiated Acts and pick up K&R again.
Cheers, Glen
-- Glen Turner Network Specialist Tel: (08) 8303 3936 Information Technology Services Fax: (08) 8303 4400 The University of Adelaide 5005 Email: glen.turner@adelaide.edu.au South Australia
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