#code 196

[oh-look-car-horns]

[giggibaloggio]

proud to be learning c++

[chaussurre]

[whereserpentswalk]

Just saw a "feminist" video essay (by someone who just happens to only talk about feminism in relation to cishet white able bodied women) say that the Hays Code was good for women because it "prevented them from sexualizing women by preventing onscreen depictions of sex". Never before has a video said something that made me vocalize my disgust of it's takes, but this did it.

I didn't think I would have to say this but if you defend the Hays code you are horrible and not in any way progressive. And if you don't know what it is please look it up because it's probably the most important piece of history when it comes to all media analysis in the western world.

[gayrobot9000]

the rainbow pride flag is more lightweight to send then the flag of england

[systemdeez]

No I'm not learning programming so I can be a game developer or a data scientist or just to make a decent wage. It's so that when guys start uploading their brains into computers I can force fem them.

[coelii]

[bisexual-engineer-guy]

Morse code my beloved

[appelcreature]

my cishet guy friend saw a dog with a vest on that said 'nervous dog' and preceeded to say that it was the type of thing a tumblr trans girl would post about.

so i am fulfilling his vision:

need me one of these

[nolshru]

eh, I always see this disclaimer, so even though it absolutely goes without saying - none of this is legal advice, it is just a bored law student talking about something interesting, and much of this has a high likelihood to be incorrect, don't listen to me for any reason other than entertainment pleasepleasepleasepleasepleasepleasepleasepleasepl

so, I was reading the Discord terms of service when I noticed the "don't do anything else that's illegal"

and like, "'anything else that's illegal' means 'anything else that's illegal'" is just... really silly - this is completely unenforceable

so, how do we define illegality? for most legal systems its really easy, all crimes are statutory in most of them, and actually beyond that, most of them have criminal codes, so it can be easily resolved for a country like Germany, or France, or Italy by saying "for the purposes of this document, 'anything else that's illegal' refers to any offense listed in the criminal code of the user's country"

this doesn't *really* work, though, because many countries, particularly those in common law systems, such as England and Wales, the USA, or Australia, do not have criminal codes (though, there are some common law systems with criminal codes, like Canada (maybe including quebec? honestly don't know, it doesn't use the same legal system as elsewhere in Canada), these are rare), common law's law based on precedent means that a good deal of crimes aren't even statutory to any real extent (oh, just for the sake of it, and me having this knowledge, Scotland doesn't have a criminal code - this is just relevant because it's both a civil and common law system, so ye, unsure about any other hybrid system (oh, Quebec is back, hi Quebec))

this term remains unenforceable, really, like, what constitutes illegality just isn't defined, so, what would some alternatives be? (all of these will be relevant to Scotland, because I know Scotland best)

Option 1: For the purposes of this document, "anything else that is illegal" refers to statutory offenses not otherwise described in this document

this doesn't include all crimes, but it includes a lot of the most serious crimes, such as not reporting how many female salmon you have in your fish farm, not keeping records on fish sales for 3 years, or catching a sea fish that are the wrong size (I tried to find specifics, but Marine and Coastal Access Act 2009 was very vague and I really don't want to keep looking through fish related legislation) - I think this is probably my preferred solution, but like, it really does not apply to every law, common law is a huge aspect of how criminality is described in Scotland - notably, the writings of Baron Hume are excluded, which like, until fairly recently was the source of crimes as serious as rape and serious sexual assault, so like, yeah, it's definitely not a perfect solution, there's probably other cases like that

Option 2: For the purposes of this document, "anything else that is illegal" refers to any behaviour that Discord considers to be illegal

this works, but it gives Discord uh... a lot of power that I wouldn't want it to have - surprised this *isn't* what Discord says, but like, I'm glad it isn't

Option 3: For the purposes of this document, "anything else that is illegal" refers to <list of things that are considered illegal>

this also works, but I think it's weaker and less effective than option 1, inclusio unius est exclusio alterius, after all, if you don't include something like "not informing customers as to the origin of fish sold", then you are impliedly giving permission to users that they are allowed to do that, so I really don't like this solution

Option 4: keep as is

I like this solution 2, sure it's unenforceable, but like, so are arbitration clauses and those are everywhere - even if you can't enforce a term in a contract, it's still a term in a contract, and people aren't just going to breach it because they can, it's like, fine and stuff

anyways, that was fun, bye

[oh-look-car-horns]

[giggibaloggio]

unironically my friend

[chaussurre]

Right now, my code work, so I'm the greatest man alive this earth has ever seen, but maybe I'll get a bug soon and I'll immediatly become the dumbest person to ever walk the planet.

Programming is exhausting.

[whereserpentswalk]

There's something so aggressively American about the fact that batman's penis being shown in a completely nonsexual context, in an adults only issue, was considered extremely controversial, while batman has regularly been allowed to commit extreme acts of violence that basically ruin his characterization to the point where the hyperviolent version of him is now his mainstream character. Like, this is a character people are fixated on making more mature and edgy, but the one time someone drew a penis on him, a body part roughly 49% of humans have, that was too far somehow. Like, I get that it's an old controversy but it's so revealing about our culture, if you're ok with batman branding someone in a mainstream depiction you should be ok with him being depicted with a penis (something we were always lead to assume he had).

[daniel-nerd]

got myself some thigh high socks that means my code will compile now! right?

[shoelace1200]

Putting my saved r/196 posts on Tumblr

Originally posted by u/