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SubjectRe: Profanity in the Linux Kernel?!?!?

[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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