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Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @10:08AM (#20995240)
Yes, there have never been cases where young women have sought the company of older men in exchange for power and money. Never. The terms "gold digger" and "sugar daddy" were never invented for these kinds of exchanges.

As for 17, as someone in my 40's, I couldn't tell you the difference between someone who is 17, and someone who is 18, without them telling me or asking to look at their (hopefully non-forged) ID. If she lied (under coersion from Epstein), how could anyone have been able to tell?

Re:Richard M. Stallman resigns by roguecoder on Tuesday September 17, 2019 @10:16AM (#20995336)
You are describing sex work. Both of those are other terms for sex work. Which is fine once the sex workers are of age and haven’t been coerced, but neither of those was true here.
Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @10:38AM (#20995634)
Not just sex workers - some women marry just for access to the money and power (and I'm sure some men do as well).

But the coercion is very true, and hence my explicit callout. The question becomes did Minsky know that? Did he have any reason to suspect it?

Re:Richard M. Stallman resigns by frabbit on Tuesday September 17, 2019 @10:56AM (#20995890)
How would you know whether someone was coerced?

Would they tell you?

Re:Richard M. Stallman resigns by onion2k on Tuesday September 17, 2019 @10:33AM (#20995561)
as someone in my 40's, I couldn't tell you the difference between someone who is 17, and someone who is 18

I suggest you turn down any offers from billionaire convicted sex traffickers to go to their private island and meet young women then.

To be honest, you should probably turn down that sort of offer even if you're really good at telling how old people are.

Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @10:44AM (#20995710)
If I'm invited to a private island by a billionaire and offered a prostitute, and she confirms that she's 18 or older and here of her own free will, well, I imagine most unattached people would have trouble saying no in those circumstances.

For me, it would be too much like romancing my nieces, so I doubt I would take up the offer. In 30 years, who knows.

Re:Richard M. Stallman resigns by onion2k on Tuesday September 17, 2019 @11:13AM (#20996110)
she confirms that she's 18 or older and here of her own free will

The crux of Stallman's argument is that in that case you would be unable to tell if the woman was lying because Epstein would have coerced her. You can't trust what she says.

However, where you and Stallman differ is that you're suggesting is that Minsky probably said yes and did sleep with the woman, and therefore broke the law.

Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @11:20AM (#20996205)
And probably shouldn't/wouldn't be charged since he was criminally mislead in the process of doing due diligence.

And he shouldn't even be held morally wrong in this case either, if we assume that he did his due diligence and had what he viewed to be legal and consensual sex.

Re:Richard M. Stallman resigns by onion2k on Tuesday September 17, 2019 @11:25AM (#20996291)
And probably shouldn't/wouldn't be charged since he was criminally mislead in the process of doing due diligence.

Rape is a crime that carries strict liability (under US law); ignorance is not a valid defence.

Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @12:17PM (#20996964)
There’s a significant difference between willful ignorance and being mislead. The law accounts for this is most cases.
Re:Richard M. Stallman resigns by jacquesm on Tuesday September 17, 2019 @11:23AM (#20996253)
It would help a lot of you stopped projecting your own feelings on the subject onto Minsky.
Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @12:27PM (#20997083)
I'm human. I can't be unbiased. This witch hunt of Stallman for rationally exploring "what if" scenarios makes me upset.

I don't know Minsky, I don't care about Minsky. All I'm really trying to do is re-inforce how and why Stallman's exploration is reasonable and rational. And, since it's brought up repeatedly in this exploration, why even the courts consider the spirit of the law alongside the letter of the law.

Re:Richard M. Stallman resigns by jacquesm on Tuesday September 17, 2019 @12:42PM (#20997236)
Stallman made a huge mistake: he forgot that he too is biased. Just like Lessig's defense of Ito damaged Ito and Lessig more than if Lessig had just STFU Stallman did the same for Minsky.

And Stallman being his usual amicable self he managed to do so in a way that a reaction was inevitable. If he wanted to do right by his friend he should have pointed out the flaws in the accusation, not to try to find some contorted way to argue that assuming it was true his friend should have walked without consequences.

Lessig falls into exactly the same trap, the fact that it is your friend who does something stupid or despicable does not make it any less so and in cases like that your friends would be better friends if they pointed this out to you. Preferably at a time that it would still make a difference.

Minsky may not be guilty of anything, and Stallman has shifted the debate over whether what he assumes Minsky has done should be legal or not (it shouldn't, let's be 100% clear on that) over whether or not it happened in the first place. And that is not helping at all.

Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @01:00PM (#20997437)
It being smarter for him to STFU doesn't make the witch hunt any more justified.
Re:Richard M. Stallman resigns by jacquesm on Tuesday September 17, 2019 @02:20PM (#20998434)
Stallman has pissed off enough people and has been misogynist and creepy to too many people to get away with such stuff, he only has himself to blame. As for Minsky, if you have to rely on your creepy friends to come to your posthumous aid then it would be better if those friends kept to themselves. Minsky does not need this kind of defense. Stallman's misguided crappy little piece got tons more airtime than the statement by AN EYEWITNESS that the whole thing did not happen. As a result Minsky is now forever tainted as though this is an established fact when in fact it is anything but.
Re:Richard M. Stallman resigns by mvc on Tuesday September 17, 2019 @11:01AM (#20995952)
Here's some free life advice. If you're 40, and wish to retain the respect of your peers, both are off-limits.
Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @11:08AM (#20996047)
I appreciate the wholly subjective and wholly unasked for advice. I'll be sure to give it the same weight as advice given by Hugh Heffner.

I've stated elsewhere I wouldn't be interested, but (not speaking of the Epstein/Minsky debate for a moment) who am I to judge someone for their consensual activities?

Re:Richard M. Stallman resigns by aphextim on Tuesday September 17, 2019 @11:03AM (#20995979)
>As for 17, as someone in my 40's, I couldn't tell you the difference between someone who is 17, and someone who is 18, without them telling me or asking to look at their (hopefully non-forged) ID. If she lied (under coersion from Epstein), how could anyone have been able to tell?

I've seen this same argument like 4-5 times now in this thread.

I agree, being able to tell the difference between 17 and 18 is difficult, however a line must be drawn and it seems that 18 is that line.

If a girl is 18 years and 1 day old, vs a girl who is 17 and 364, is there a big difference? No, however that is where society has drawn this line.

If you use the argument 18 looks like 17, then eventually people may say 17 looks like 16, 16 looks like 15 etc and is a slippery slope.

Also chances are the girls in question were most likely sex trafficked (Modern day slave trade by another name).

Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @11:12AM (#20996099)
As I've replied to peer comments, if Minsky couldn't rely on his eyes to judge her age, and she says she's 18 (and let's assume a scumlord billionare had the ability to provide falsified documentation backing it up, if he was really there to get leverage over his peers), how is someone to know differently?

It's quite rare that someone who did due dilligance and were criminally mislead to are charged for the crime.

Re:Richard M. Stallman resigns by mr_spothawk on Tuesday September 17, 2019 @12:07PM (#20996853)
> Also chances are the girls in question were most likely sex trafficked (Modern day slave trade by another name).

The women in question (those in contact with Epstein) were, in no way, a representation of chattel slavery, which is (i presume) what you mean by "modern day slave trade". They were neither 'owned' nor 'inheritable', they were also (by all reports) paid. Slaves are not paid.

The phrase "Modern Day Slave Trade" as it refers to sex work denigrates those who were forced into slavery by men with guns, as well as the subset of women and men who chose to participate in the sex work economy willingly, whether full-time or on-the-side.

Re:Richard M. Stallman resigns by bairrd on Tuesday September 17, 2019 @10:22AM (#20995434)
These women were sex trafficked.
Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @10:35AM (#20995601)
You're absolutely correct. Hence my comment about coercion. Did Minsky know that? Did he have any reason to suspect it?
Re:Richard M. Stallman resigns by hunterjrj on Tuesday September 17, 2019 @12:18PM (#20996972)
Come on now. What other plausible reason, besides being someone's daughter, would a girl that young have for being on that island with these old men? It doesn't take an MIT-calibre mind to ask this question.
Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @12:29PM (#20997104)
Money. The same reason a girl that young (let's say 18) might work for a strip club. Or in Nevada as a prostitute. Or as an escort.
Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @12:32PM (#20997130)
If money was involved, even if the clients were willing, it is considered a form of coercion under US law if the girls were under 18. The coercion label only seems to go away when they turn 18.
Re:Richard M. Stallman resigns by setr on Tuesday September 17, 2019 @01:27PM (#20997770)
and Stallman argued that morally, this is nonsense -- the moral aspect does not care for country and jurisdiction.
Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @01:39PM (#20997910)
Morality isn’t universal, in space or time. What was moral 2000 or 100 years ago is not today, same between the USA and Chad Africa.

If morality is relative, only the legal framework is something that we can evaluate. Laws are crafted from the relative morality in that jurisdiction.

Re:Richard M. Stallman resigns by setr on Tuesday September 17, 2019 @06:09PM (#21000590)
Where moral comes from is dependent on a time and space. Where it is applied generally does not.

Ignoring those morals which are dependent on location, today's american applies the same set of morals against those on american soil as well as those on chinese soil.

They also apply those morals across time, such judgment on Ancient Greek behavior.

In the same fashion, we do not alter our moral judgement based on the jurisdiction the event takes place in. At least, we do not do so naturally, without additional effort. If this occurred in the open seas, would we hold our tongue? In a country where no such laws exist?

Legality is also hardly a strict mapping of morals to rules, with complete coverage of what we're trying to express -- if it were, there would be no need for judges; we could simply feed the evidence into an algorithm and spit out the result. And the arbitrary flip from legal to illegal, by virtue of a day, is hardly the concept we're trying to morally express through the law. But for practicality, a strict deadline was given.

Hell, what's your argument? That because morals are relative, there cannot be any discussion of it? Morality precedes the law; You don't make a moral judgement by referring to the law.

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @10:46PM (#21002024)
My point is that morality actually has a jurisdiction. It isn’t as well defined as legal jurisdiction, but it does exist.

China is a great example where the morals are very different. Barring a few extra territorial laws (corruption, child prostitution for Americans), the jurisdictions are disjoint.

Re:Richard M. Stallman resigns by setr on Tuesday September 17, 2019 @11:10PM (#21002114)
Again, the provenance of a particular morality is bounded by space and time, but the application of it is not; the american judges the chinese with the american morality, irrespective of what chinese society might say.

It is valid, and normal, to discuss morality of actions occurring in different places, without including the morality of that place itself; in this case, stallman isn’t talking about the remote island’s morals, but the morals of where he is and how it applies to events elsewhere

Re:Richard M. Stallman resigns by falcolas on Tuesday September 17, 2019 @01:46PM (#20998015)
Laws also have two components - the spirit and the letter of the law. You can violate the letter of the law (for example sodomy) without violating the spirit of the law (preventing a sex act the recipient views as degrading). And as a result, you aren't prosecuted. The flip side is also true - you can also violate the spirit of the law, and not the letter of the law, and be prosecuted.
Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @02:07PM (#20998273)
Sodomy laws aren’t prosecuted because they are all considered unconstitutional, not because some spirit of the law isn’t being violated. In an ideal world, they would have been cleaned up along with other archaic laws still on the books.