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Old 01-02-2003, 02:16 PM  
Forkbeard
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"Is XYZ legal?" is almost always an unanswerably vague question.

Legal meaning "I can't go to jail for owning it?" "I can't go to jail for viewing it?" "I can't go to jail for selling it?" "I can't go to jail for giving it to children?"

Or does "legal" mean "nobody can sue me for owning / displaying / selling it?"

Also, answer will depend on where you are, where XYZ is, how XYZ is delivered to the customer, and where the prosecutor who wants your ass is.

Substantively, a recent US supreme court decision held that drawn stuff was not child pornography, letting you off the hook (perhaps) for merely possessing the stuff in the US; but that doesn't mean its not obscene in some jurisdictions, meaning that selling it can still be a felony.

Only way to get an answer to your question is to find a smart lawyer in your jurisdiction. Then you have to intimately aquaint him or her with every aspect of your proposed operation. Then you will get not a "yes or no" answer, but a detailed explanation of what your risks are, along with a guestimate of how "real" the various risks are plus some suggestions for things you can do to minimize or avoid those risks. To be worth a damn, your answer will cost you several thousand dollars. Then you have to judge the risks against your expected profit and make a business decision.

From all of which it's pretty obvious that you probably don't want to go there unless (1) your profit expectation is really big or (2) you have found a way to make it hard for hostile governments to track you down, rough you up, and confiscate your assets.
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