Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×

Cutting out the Naughty Bits Ruled Illegal 1329

An anonymous reader writes "Some of you may recall the lawsuit brought by several Hollywood directors against companies which edit movies for sex, language, and violence. The companies would trade consumers an off-the-shelf DVD for an edited one. Well, the CBC is reporting that Judge Richard P. Matsch has found that this practice violates U.S. copyright law, and 'decreed on Thursday in Denver, Colo., that sanitizing movies to delete content that may offend some people is an "illegitimate business." [...] The judge also praised the motives of the Hollywood studios and directors behind the suit, ordering the companies that provide the service to hand over their inventories.'''
This discussion has been archived. No new comments can be posted.

Cutting out the Naughty Bits Ruled Illegal

Comments Filter:
  • by aredubya74 ( 266988 ) on Monday July 10, 2006 @12:34AM (#15689020)
    Time shifting for home use is perfectly legal under the Betamax ruling. Hollywood can legally go screw. This ruling is designed strictly to stop non-copyright holders from adjusting content and reselling it without the agreement of the copyright holders. If a studio wants to partner with a censoring company, or do the censoring of the films themselves (which I'm fairly certain they do), they may do so.
  • From what I understand from this ruling, it would be illegal for me to buy a book, tear out every other page, and sell it to someone else. That's a pretty close analogy, seeing as both my actions and Cleanflicks' third-party video cutting are not authorized by the copyright holder.

    Not quite. You own the physical book. You can do what you want with it... including tearing out pages, burning it, or blacking out all instances of the word "the" if you choose. What you can't do is type the contents of the book into a word processor, remove certain sections of it, reprint the modified book, and then sell that bound inside the original cover. That's the difference.
     
  • by Babbster ( 107076 ) <aaronbabb&gmail,com> on Monday July 10, 2006 @12:42AM (#15689054) Homepage
    While you might, in theory, be violating copyright law in your book example, nobody (besides the person to whom you sell the book) will know or care. Now, if you offered a service where you tore offensive pages out of books and then sold those books to stores who want only to stock "nice" things, someone would probably start caring.

    It's like dodging copy protection (violating the DMCA) in order to make a backup copy of a game for yourself. As long as you don't start selling, or otherwise distributing, the backup nobody will ever know or care that you violated the DMCA.

    This is why I only torture pets and then incinerate them in the privacy of my own basement...
  • by RsG ( 809189 ) on Monday July 10, 2006 @12:47AM (#15689068)
    It'd be more like you taking that book, photocopying it, with edits, and selling the altered version. And that is illegal - copying for your own use is fine, editing your own copy is fine, it's when your version is sold or distributed that you run into the law. Fair use essentially only extends as far as your own personal usage.

    This particular case was something of a grey area (in part because they weren't costing the movie-makers money - ie they weren't like people selling bootleg DVDs), but it's the act of copying and redistribution that got them. Legally, they're in the same boat - slightly better off for not profiting at the MPAAs expense like the aforementioned bootleg DVD seller, but slightly worse off for having made alterations to their copied versions without the original author's consent.

    Think about it. If the law says that the MPAA can sue filesharers, who aren't altering the movies they distribute, and aren't charging money for their unauthorized copies, then what is protecting the defendants here who are both altering and charging money?

    Now, if you disagree with the idea that the MPAA should be able to sue over stuff like this, then that's another matter altogether. I don't like their lawyers and lawsuits either. But my point here is about what the law is, not what it should be.
  • by toph42 ( 160730 ) on Monday July 10, 2006 @12:54AM (#15689086) Homepage
    If that is what you want, then by all means, buy a ClearPlay DVD Player [clearplay.com] and play your standard DVDs in it. It will automatically skip "the dirty bits" and there's no nefarious copyright infringment going on.
  • Re:Where's the harm? (Score:2, Informative)

    by wesleywatson ( 984176 ) on Monday July 10, 2006 @12:55AM (#15689093)
    (Some) directors don't care about extra revenue. They made a movie with an artistic vision they wanted to convey to the audience, and these companies re-editing it, taking out parts they don't like, and then selling it. It's fine if someone skips a scene while watching it at home, but you can't then mass produce your version and sell it. It's like when Steven Spielberg refused to allow an edited version of Saving Private Ryan to be broadcast on TV. Taking out the violence in his film completly killed the what he was trying to convey to people.
  • by Sparr0 ( 451780 ) <sparr0@gmail.com> on Monday July 10, 2006 @12:56AM (#15689100) Homepage Journal
    The rights to the movie belong to the guy (company) that made it. If the airlines pay for a license to show an edited version then that is cool. The company in question here did NOT have permission to distributed edited versions of the movies.
  • by interiot ( 50685 ) on Monday July 10, 2006 @01:05AM (#15689132) Homepage
    No, I don't think it means that authors can ensure that only their authorized versions are sold. I think it means that third parties can only distribute "patches", but they can't include the original material with their patch, nor can they directly distribute the post-patch version. And I think that's been the case in the US for a long, long time.
  • Re:An Alternative (Score:5, Informative)

    by masterzora ( 871343 ) on Monday July 10, 2006 @01:07AM (#15689140)
    Sounds familiar...

    Oh, yeah, http://www.clearplay.com/ [clearplay.com]

  • by ClosedSource ( 238333 ) * on Monday July 10, 2006 @01:13AM (#15689158)
    "For each copy of the movie these companies sell, they buy one from Hollywood. Thus, if they sell 1984 copies of Gladiator with the naughty bits omitted, then they buy 1984 copies from the movie production company first. Thus, it can be said they are only reselling the copy of the book that they themselves purchased and from which they ripped out naughty pages."

    It may seem that the two cases are the same, but they aren't. If the third party was able to remove content from the orginal disk somehow, but never made a copy of it, then it would be equivalent to tearing out pages of a book. Copyright is violated by making a copy even if the copyright holder doesn't lose money on the practice.
  • Re:Awesome (Score:2, Informative)

    by tylernt ( 581794 ) on Monday July 10, 2006 @01:16AM (#15689170)
    I don't need these ultra-conservative idiots "cleaning" my movies
    Hello, nobody wants to do that. The ultra-conservative idiots only want the naughty bits cut out when they themselves watch the movies. They're totally fine with everyone else seeing the naughty bits in all of their glorious splendor.
  • by adavidw ( 31941 ) on Monday July 10, 2006 @01:26AM (#15689204)
    Canada? Go back and RTFA again. The article may be on a Canadian website, but it's most definitely a ruling by a US judge, in a US court, in the US.

    Also, the Family Movie Act just legalizes the use of software in the player to edit in real-time an unedited copy you already own. It does not legalize the creation of derivative works and the sale thereof.
  • by OmnipotentEntity ( 702752 ) on Monday July 10, 2006 @01:28AM (#15689214) Homepage
    > they are buying a license to Gladiator, which doesn't include the right to make derivative works.

    F(*#$@ NO! They are *NOT* buying a license. They are buying a copyrighted work. You don't have to sign a EULA when you buy a DVD. You are, however, correct about derivative works (excepting works of parody) not being allowed under copyright.
  • by pockyninja ( 987878 ) on Monday July 10, 2006 @01:33AM (#15689233)
    Wal-mart only censors music, not movies. And it's not Wal-mart doing the censorship; the tracks on a CD you'd buy at Wal-mart are the ones you'd hear on the radio. They are made by the record companies. And I don't know for sure, but I'd guess that one of the big reasons Wal-mart doesn't carry 'explicit lyrics' versions of CDs is because of liability. Selling one of those to a minor will get you fired just as quickly as selling them beer.
  • by spencer1 ( 763965 ) on Monday July 10, 2006 @01:51AM (#15689283)
    As others have already stated, this has absolutely nothing to do with Walmart. This applies to services such as CleanFlix, which are very popular in Utah and Idaho. I am a Mormon, and I frequent Cleanflix often. Some movies are very enjoyable, but contain bits that I don't wish to see. If the mainstream want to see those bits, fine, go ahead; these services are not for them. If I don't want to see it, how does it affect you? Cleanflix allows me to rent movies that I would not otherwise rent, they are now turning away a potential customer. This does not hurt the copyright holder, they still receive the full purchase price for all the movies that Cleanflix uses. Their revenue is not altered in any way by this editing.
  • by Anonymous Coward on Monday July 10, 2006 @02:05AM (#15689325)
    There's another article on the subject here [sltrib.com]. A few bits:
    The ruling does not affect another Utah company, ClearPlay, which has developed technology in DVD players that edits movies on the fly as they play.

    And:
    While the case lumbered through the courts, President Bush signed the Family Movie Act in 2005, which legalized technologies used by companies like ClearPlay.


  • by pockyninja ( 987878 ) on Monday July 10, 2006 @02:10AM (#15689336)
    Yes, that is true. Unfortunately, though, there are fewer complaints about bullets than there are restricted movies. As a cashier there, I can tell you that there is a certain level of 'restrictedness' on different items, meaning you look at some sales more carefully than others. It is something like this: Spraypaint, rubber cement, superglue -- Low Caring R rated movies, M rated games -- Mid Caring Quantity-restricted medication, Alcohol -- High Caring Bullets rank somewhere between mid to low. Keep in mind, though, that bullets don't work very well without a gun. And buying a gun is a process that takes several weeks and has to be approved by a store manager. I'd also like to say that this is a completely unofficial list. In reality you can be fired for selling any of these items to a minor, though the actual punishment is rarely that harsh.
  • by tm2b ( 42473 ) on Monday July 10, 2006 @03:22AM (#15689509) Journal
    Failing to deliver the entirety of a work does not count as a "derivative work". Nothing was added or changed.
    Nope.

    A condensation, especially one made along definite editorial lines that differ from the original creator's, is certainly a derivative work [wikipedia.org], by 17 U.S.C. 101:
    A "derivative work," that is, a work that is based on (or derived from) one or more already existing works, is copyrightable if it includes what the copyright law calls an "original work of authorship." Derivative works, also known as "new versions," include such works as translations, musical arrangements, dramatizations, fictionalizations, art reproductions, and condensations. Any work in which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship is a "derivative work" or "new version."

    Back to OP:
    When a newspaper cuts down an Associated Press article, does that qualify as a "derivative work"?
    It certainly does. Newspapers pay for the license to create derivative works as well as redistribute. As part of that license, they are required to not edit it in such a way that will distort the "essential meaning" of the piece.
  • by NearlyHeadless ( 110901 ) on Monday July 10, 2006 @03:24AM (#15689514)
    What I'm interested to know is how this affects parents who use their DVR's to achieve the same purpose to sanitize movies for their children. Hollywood has expressed anger over THAT practice, too, which seems to me wholly unfair.
    This was added to the United States Code last year [gpo.gov]:

    [Notwithstanding the provisions of section 106, the following are not infringements of copyright:]

    [...]

    (11) the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed to be used, at the direction of a member of a private household, for such making imperceptible, if no fixed copy of the altered version of the motion picture is created by such computer program or other technology.; and

  • by zakezuke ( 229119 ) on Monday July 10, 2006 @03:38AM (#15689539)
    Don't approve of this action just because you think it only hurts a bunch of "right-wing Christian zealots". Remember fair use! There was a one-to-one copy sold with each of these DVDs---the original and the edited. The filmmakers did not lose one dime, and in fact made money with each copy sold.

    Fair use would be you making a backup copy, puting the one you bought into storage, and using the backup. This is fair use. Heck, even taking a film that you own, making a copy and cutting out scenes you don't like... that is also fair use.

    What's not fair use is making a copy, cutting scenes, and selling it as a new version without any consent. This is not a one to one copy as there are scenes cut. Money is beside the point... a copyright holder has every right to choose how a work is distributed. This would include not wanting some bozo cutting scenes on a work that took time to create. Any flaws, mistakes, anything which affects the overall presentation can damage the reputation of the respective studio and artists that created the work. It's like taking spray paint to a piece of fine art and going over the bits one finds offencive, this affects the quality of the piece and the viewer might assume the artist is sloppy dolt or doesn't have the technical skill or is too reserved to make a winkle.

         
  • by MMMDI ( 815272 ) on Monday July 10, 2006 @03:47AM (#15689562) Homepage
    As a cashier there [...] buying a gun is a process that takes several weeks

    Has this changed in recent years? I ask because when I worked there (in sporting goods, aka, guns) four or five years ago, gun sales normally didn't take more than an hour, much less weeks. The process went something like this:

    1. Customer fills out a form - typical name / address / SSN / "I'm not a criminal" stuff.
    2. I take their license and confirm the info that I can.
    3. I call the FBI or the state police (depending on whether you wanted to buy a shotgun or rifle - I forget which was which, though). "Joe Somebody wants to buy a so-and-so model gun, their info is blah blah blah."
    4. They run a background check and call back with the results (almost always before the customer had enough time to walk out of eyesight; I can only think of one or two cases out of hundreds where this was not the case).
    4a. If your sale is confirmed, you pay, I call the manager, they walk you out, end of sale.
    4b. If it's denied, I prepare for the usual "But I don't have a criminal record!" speech.
    4c. If it's delayed (they need to do additional research or whatever before giving me an answer), I take the customer's phone number and call them back when I get a reply (usually took an hour or two, a day at most).

    Again, I haven't worked there in four or five years, and this is quite offtopic anyway... but that was my experience with gun sales.
  • by kirk__243 ( 967535 ) on Monday July 10, 2006 @04:31AM (#15689683)
    That's bullshit. You are not buying a copyrighted work. That would entail that you are buying all the rights associated with the copyright. You are buying a copy of a copyrighted work. You don't become the owner of any of the rights associiated with the copyright, and you really only have the right to use the work privately and sell your authorised copy.
  • by MartinB ( 51897 ) on Monday July 10, 2006 @04:49AM (#15689727) Homepage
    Why SHOULD a director have this so-called right to dictate that others view the precise film he made?

    Actually, this precedent has been up and running for 30 years in the US, and was set by a 1976 case [uconn.edu] brought by the Monty Python team, fed up with US networks butchering the early series. Cited in the Slate article on this case [slate.com]. See also VARA [nyartsalive.com].

  • by db32 ( 862117 ) on Monday July 10, 2006 @04:52AM (#15689733) Journal
    So...you go to the discount used movie place. Because we all know that noone on slashdot buys new movies and supports the evil MPAA, they all go to used movie places so they support local vendors and not the MPAA.... Anyways...so you grab that new movie Kill Death Sex Monster Truck Explosions 2 and you take it home and pop it in and all you get is a chopped up version with no killing, death, sex, or explosions...just a few monster trucks doing nothing. Wouldn't you maybe be a little pissed? Maybe have a pretty low view of the people that made Kill Death Sex Monster Truck Explosions 2? Start telling all your friends the movie sucked? Well...thats probably what they are afraid of, because you didn't know you went into that store and bought the Editied for Mormons edition from Cleanflix.

    I can give you a perfect example of this. I told a friend "The best part of the Family Guy movie was the beginning where Lois stumbles out and you actually get to hear her say 'Fuck yea'" They looked at me like I was stupid and explained to me there was no cussing in the movie. Oops they bought the Walmart cleaned version and didn't know there was an unedited version that didn't censor the cussing. As much as I hate the MPAA and friends...I'm sorta glad they won this one...
  • by Catnapster ( 531547 ) on Monday July 10, 2006 @04:53AM (#15689736) Homepage
    I live in Mesa, Arizona, which has a very dense Mormon population. Virtually every city block in the more suburban areas has an LDS church, frequently more than one. Therefore I feel I'm qualified to challenge your assertion.

    I have never seen or heard a Mormon ever preach to someone else
    Not to sound inflammatory but I think you're dealing with a very limited sample of "jack" Mormons. The Church is very enthusiastic about missionary work, and in places where there is a large Mormon population it is a very common sight to see the two-man missionary teams bicycling around to go door-to-door and preach. In fact I would say LDS is one of the most aggressive denominations in terms of evangelism. They even have commercials advertising free copies of the Book of Mormon - I've never seen anything similar from another denomination or religion, even Scientology (which strikes me as the most inclined to do such a thing).

    I do concede that it might be that most of my experience dealing with Mormons has been in the suburbs, where the vast majority of adult Mormons have children and a more conservative mindset than those in other types of area, but I actually find that Mormons are generally the most hard-line conservative in their attitudes among Christian denominations unless they're jack Mormons, in which case they're much more liberal-minded.
  • by 1u3hr ( 530656 ) on Monday July 10, 2006 @05:00AM (#15689751)
    How is skipping the commercials any different than skipping the sex scenes via an automated service?

    Because it's offered by a third party; who is publishing and distributing a new edition of the work, in defiance of copyright

    cleanflicks.com [cleanflicks.com]
    Option 1 - Edited DVDR: $ 10.00
    Choose this option if you already own an original production DVD of the title you have chosen. Simply choose the title you'd like to purchase, click "buy now", and we'll send you your own edited copy to go along with your original.
    Actually, in this case, it's not an "automated service" at all but an entirely new disc; an illegal derivative work is certainly being created and sold. And I wonder how, if at all, they verify that custonmers actually own an "original production DVD". It all sounds very much like Napster and such (back in the day) saying their files were "backups" of the CDs you supposedly owned.
  • by pontifier ( 601767 ) on Monday July 10, 2006 @05:53AM (#15689858) Homepage
    see Good Clean Porn. [triotv.com] The one I saw was quite entertaining.
  • by ag0ny ( 59629 ) <javi@nOSpAM.lavandeira.net> on Monday July 10, 2006 @06:22AM (#15689912) Homepage
    Yes, you're right. Bisexuality is more common. But homosexuality isn't exactly unheard of:

    They're in love. They're gay. They're penguins. [columbia.edu]
  • by Saint Fnordius ( 456567 ) on Monday July 10, 2006 @07:50AM (#15690090) Homepage Journal
    That's the point right there. Why all the bullshit about rights? Why not just say that you're buying a copy of a copyrighted work?

    You are buying a copy.

    Not the original, nor are you buying any rights.

    Now this is the reason why the copyright rule breaks down: in theory, the company should be able to manipulate their own copy, as long as they don't make copies of it. If they want to backen out certain words or scenes, fine. As long as they're manipulating the original copy, no problem. In reality, what they are selling is technically a copy, because manipulation of the purchased media is unfeasable. Thus a copy is made (hard disk), edited and then a copy of the revised copy is made (the finished DVD). Now the end result is the same as if (for example) a VHS cassette was spliced, the spirit of the law is upheld. But since two copies were made, the letter of the law was broken even if the end result is still only one existing copy.
  • by Marauder2 ( 82448 ) on Monday July 10, 2006 @08:14AM (#15690177)
    why not have a player that can be scripted, so that when a DVD is played the script will skip past the "naughty bits".

    Like this?
    http://yro.slashdot.org/article.pl?sid=04/04/09/12 18216 [slashdot.org]
    http://www.clearplay.com/ [clearplay.com]

  • by Mo Bedda ( 888796 ) on Monday July 10, 2006 @08:44AM (#15690305)
    5 minutes before a child is born, it's a human being but it's still legal to abort it. Even, if everything except the child's head has emerged from the mother, it's legal to abort it.

    Where? In my state, thrid trimester abortions are illegal except in cases which threaten the life or health of the mother.

    No one is getting worked up over the deaths of zygotes. Those of us who oppose abortion on demand want to see the deaths of viable human beings come to an end.

    If that were the case, the pro-life movement would have nothing to do in my state. But oddly enough, they are working on a total abortion ban and tossing around the idea of going after birth control. What is the opposition to "the morning after pill" based on if not the death of zygotes? How about embryonic stem cell research? Zygotes again!

    Your position is completely supported by current U.S. law. Given that, you probably identify yourself as "pro-choice", and choose not to ally yourself with those radicals out to protect the rights of zygotes?
  • by qazwart ( 261667 ) on Monday July 10, 2006 @08:46AM (#15690312) Homepage
    Unlike these services, Walmart doesn't itself censor CDs. They get their censored versions directly from the record companies -- technically with the artist's permission. The artist has a choice: Sell to Walmart a sanitized version, or risk losing 40% in sales.

    Walmart doesn't censor DVDs (at least not yet). They won't sell DVDs which they deem inappropriate for Walmart to sell. Walmart as of yet, hasn't taken to requesting sanitized versions of movies as they do music. Probably because it is harder to get sanitized versions of movies (sanitized versions of songs already exist for the radio), and because sanitized versions of movies basically means cutting out scenes that the directors felt necessary for their movies to begin with. It's one thing to substitute one short four letter word for another without destroying the general meaning of the song, its another to cut out whole scenes in a movie.

    Walmart doesn't sell sanitized CDs for their own protection. The Walton family (which owns the majority of stock) is quite religious and conservative and feels they are doing a public service keeping inappropriate songs away from the public. Walmart does not sell other popular magazines or DVDs that they feel are inappropriate due to this same reason.

    No one questions Walmart's right to do this. The problem is the power that Walmart has in this market where they control up to 40% of the sales. You don't have to sell to Walmart. Then again, you don't have to afford rent or food either. The choice is yours because it's a free country.
  • by dyfet ( 154716 ) on Monday July 10, 2006 @08:50AM (#15690341) Homepage
    Clearly the "cleaned" movies in question must be legally considered "derivative works". They are held under copyright, but presumably under a license that explicitly forbids derivitive works from being created, since that is the "default" condition unless such permission is expressly granted. Hence, the outcome is actually legally correct and consistant with existing copyright law.

    The GPL is an example of a license that permits derivate works to be created. This same interpretation and outcome is what gives power to the part of the GPL requiring derivative works to also be licensed under the GPL. Any different outcome for this case would have had very wide implications indeed.

  • Re:Premortal sex? (Score:5, Informative)

    by mirio ( 225059 ) on Monday July 10, 2006 @09:28AM (#15690567)
    Certainly, my right to punch ends at my nose. But, how does getting an abortion physically harm you? How does it "punch you in the nose" so to speak?

    To pro-lifers, abortion isn't about how it effects them -- they honestly believe that a child in a womb is a child non-the-less, and that this child has a right to live. They believe that having an abortion is taking a child's life.

    Is it your business if one man kills another? Why are there laws against it? This is simply the view of the pro-life crowd. It's not that complicated.
  • Re:Premortal sex? (Score:1, Informative)

    by Anonymous Coward on Monday July 10, 2006 @09:56AM (#15690722)
    'Partial birth abortion' is an emotive and non-specific term, not that it matters; if you would look into the subject you would discover that there are perfectly good reasons to 'do partial birth abortions'. And they're not all that common; Wikipedia (hah) reckons 1.4% of abortions occur at 21 weeks or later. Examples: a dead foetus, a massively fucked up foetus, a situation where the mother is likely to end up dead or, as mentioned, physically or mentally massively fucked up.

    Now personally I wouldn't understand a woman who decided to do a partial birth abortion either, if I were stupid enough to believe that women just go for this sort of procedure for the laugh, but, well:

    My sister and I are alive today because, when my mother's first pregnancy went disastrously wrong (eclampsia), leaving her comatose in hospital, my father discussed the options with a doctor and made a choice. If he'd made the other choice, the result would have been one surviving brain-damaged infant, no mother and no siblings. He was able to make that choice because 'partial birth abortions' were an option. But it was not a nice choice, nor was it a fun choice to make, nor was it a choice made by some random woman because she felt like killing a baby.

    I have no idea why people seem to feel that talking bullshit about abortions is a useful occupation. It seems to me that most of the opinionated little sods out there basically need to butt out of other peoples' lives.
  • by LGagnon ( 762015 ) on Monday July 10, 2006 @10:29AM (#15690984)
    Actually, while Scientology doesn't have commercials, there are commercials for Dianetics, which is a part of Scientology. They don't come on TV as much as they did in the early-mid 1990s, but you still see them now and then.
  • Re:Awesome (Score:5, Informative)

    by jambarama ( 784670 ) <jambarama@gmailELIOT.com minus poet> on Monday July 10, 2006 @11:48AM (#15691564) Homepage Journal
    A good alternative for those who don't want their young children to see "bad" stuff is clearplay. [clearplay.com] We've had it for a while, here is how it works.
    1. Buy a normal DVD with all the "naughty bits"
    2. Get the filter from the clearplay website for that DVD
    3. Transfer the filter via USB or CD to the clearplay DVD player
    4. Watch your DVD - the filter tells the DVD player where to skip the naughty bits - no editing, just timecodes to be skipped.

    I thought it'd be jumpy but it really isn't. Most of the time I can't even figure out what has been skipped. Plus you can set the level of each "naughty bit" - violence, profanity and sex - from low to high. Pretty neat stuff I'd say.
  • by Danse ( 1026 ) on Monday July 10, 2006 @12:50PM (#15692026)
    That's simply unacceptable. If you did this, you'd just force homosexuals who want to marry into specific religions. That proselytisation through law.

    I think you're misunderstanding him, though I may be reading more into it than he meant. He's saying that "marriage" is a religious institution, versus civil union which is (or should be) a governmentally recognized union, but I think it really could be extended beyond religion even, but I'm not sure who would be interested in such a thing. Basically, marriage is a ceremony performed by someone not representative of the government, and is not legally recognized. A civil union is granted by the government and is legally recognized. So it doesn't really matter whether a marriage is religious or not.
  • by gg3po ( 724025 ) on Monday July 10, 2006 @03:59PM (#15693345)
    Some people (including many in the church I attend) will argue that children raised in a two-parent heterosexual home are more psychologically healthy than those who are not.
    I see. So you're saying that the typical American home in which domestic violence runs rampany is the best place to raise a child.

    This is an obvious strawman [wikipedia.org]. The OP never said anything of the kind. He clearly said "some people" and further specified that this includes "many in the church I attend". He never said he, himself, felt this way. Even if he did, stating a preference for 2-parent heterosexual couples does not necessarily imply a preference for the abusive ones. That he would prefer abuse from a heterosexual couple to a caring homosexual one was entirely your invention. This would be like saying: "Since you are an atheist, you're obviously saying that Pol Pot [wikipedia.org]'s extermination of Buddhist monks, westerners, and people wearing glasses was the best thing since sliced bread."

  • by Anonymous Coward on Monday July 10, 2006 @06:36PM (#15694384)
    ...the concept of 'marriage' would be mute.

    The proper word here is moot.
  • RTFD (Score:2, Informative)

    by schmobag ( 804002 ) on Tuesday July 11, 2006 @02:43AM (#15696225)
    Those who like to RTFA might also like to RTFD (read the !%$#ing decision). You can find the judge's actual decision here:

    http://www.joegratz.net/wp-content/uploads/2006/07 /CleanFlicksDistCtOpinion.pdf [joegratz.net]

    Thanks to blogger Joe Gratz. I would be worried about overwhelming his server, but I don't think many Slashdotters are actually willing to do that much work.

Thus spake the master programmer: "Time for you to leave." -- Geoffrey James, "The Tao of Programming"

Working...