We are all aware of what Mr. Fussy stated on that thread that Bugchasing or knowingly infecting someone else with HIV is a criminal offence and therefore illegal.........and for all we know, maybe promoting and soliciting others to engage in Bugchasing is also a criminal offence.
However Mr Fussy went further as regards the thread that you link to above and stated:
Quote: "I appreciate your humble opinion...
I think it is a sick, immoral and illegal thread....still, you think it's ok so I must be mistaken. Guess it's ok then,
think I'll just suggest asking for an unprotected sex act here that may or may not lead to HIV issues...or at least have a poll about it"
I think that for someone who has stated that he practices in some area of the law, this is an amazing statement to make. Firstly, the practice of Bugchasing is without doubt, sick, immoral and illegal, but he is stating that the thread itself is all of these things. I accept that Mr. Fussy finds the subject highly distasteful and immoral, and who does'nt, but a thread, who's sole purpose was to make the users of the community section aware of this crazy practice and to enquire whether they believed that this actually goes on or is just an urban myth (by means of a poll), can hardly be described as illegal. The second piece I have put in bold is also telling. Mr Fussy seems not to be able to differentiate between debating a matter in an academical sense and trying to encourage or seek somebody to engage in a dangerous sexual practice and one which may not be advertised or sought here under E-I's rules.
The thread involved was informational; if anything it reinforced the importance of safe sex practices, because we basically don't know what others out there have been getting up to. By simply discussing an important subject on an open forum, I fail to see how E-I or any of the rest of us were involved in illegal activity or criminal conspiracy. Texas was the originator of that thread and he referenced his source material using this link:
Bugchasing - Wikipedia, the free encyclopedia
Mr. Fussy did not give any subjective opinion on the legality of the article on wikipedia or any of the references contained therein to their source material, yet he was of the legal opinion that because we were debating something that is illegal, we were ourselves contributing to an illegal thread. To my knowledge, he has never offered similar legal opinion when we debate the illegal drug trade or prostitution for that matter.
He subsequently backtracked:
Quote: "Actually QB...let's leave the legal piece out...................I'll continue with sick and immoral...glad you agree. I am just disappointed in your attitude that it's ok for a sick and immoral thread to be posted...There's a Moderator comment whenever you want to make any general comment on here...but hey...I've found the loophole...post a sick and immoral thread poll about HIV and no Mod post. What poll next...Is Child Molesting ok in certain circumstances? Ever see anyone die from HIV QUEEN".
Now maybe Mr Fussy has had somebody known to him die from HIV, but I am sure there have been others here who have had friends or relatives die from drugs, alcohol, tobacco use or violent crime....but that does'nt mean that discussing such topics means that we are contributing to them or condoning them. It would seem that Mr Fussy wanted a thread which he disliked, although it was'nt against any posting rules, shut down or deleted and suggested that the Mods were failing in their duty in not taking action.
Mr. Fussy although he did not like the thread, continued to contribute with arguments on it as to why the thread should be closed down. Here's an example:
Quote: "
A poll on here with the subject matter of trying to find someone that is HIV positive...to infect yourself...to take that risk...that is immoral and shows that you are a danger to society. Not only that, but the follow on from this activity, Bugchain...to ideliberately nfect others....is even worse....and your reply is to ask if I've had a few too many."
Now as somebody who has studied law, I'm sure that I and others would have expected Mr Fussey to have no problems in grasping the purpose of the poll..........rather than what he is suggesting, the title of the poll was "Bugchasing urban myth or reality?", in other words the purpose of the poll was to find out if people believe that this practice actually goes on or is a myth.
Mr Fussy continues in similar vain:
Quote: "Luther, it is illegal to knowingly infect a person or persons with HIV. The thread highlights the practice of Bugchasing / Bugchains which are an illegal practice. You can only truly bugchain if you know the person has HIV or you suspect. You can discuss what you like here, you choose to ban child sex etc..you do not have to do that but you leave yourself open to the law in your web-hosting jurisdiction. My point is about the sick and immoral piece more so...can I not make that point? This is a disgrace of a thread."
I'm sure that Mr. Fussy is well aware that discussing criminal activity is not illegal (as opposed to planning or criminal conspiracy to actually go out to commit an offence)........in fact, in court cases, the evidence submitted and the questioning from both sides of legal counsels and their submissions to the jury plus the judges summary, all involve discussing some illegal event.
What Mr Fussy seems to be involved in, is trying to use a legal argument to justify his opinion that a thread, which he personally finds distasteful, should be shut down by the mods. Now if it were illegal, as he originally maintained, then as somebody with a legal background he should have had no difficulty in knowing where to look to source a reference to or find the law itself that was being broken. Given the spurious nature of the arguments that were being put forward by Mr Fussy, Qph's questioning of his legal competence would seem to be in context.