It's a ticklish issue. People are pointing out similar things that have been done like on MADTV or whatever, but understand that every change in laws and enforcement has to start somewhere. I'd guess this is being pushed because he's an independant guy with no real resources, who is not going to be able to defend himself as well as a TV show that doubtlessly keeps killer lawyers on staff just for complaints (especially something like MAD TV). This is how things usually work, and it's why we have protections against laws being retroactively applied, so that due to a current case someone can't say go back and arrest all the people involved in similar skits on TV and such from when it wasn't illegal.
I'll also say that while they are attacking this from a kiddie porn angle, even without that, what this guy did could be considered a big deal. Understand that in most similar comedy sketches on things like MADTV the kids involved are child actors, they are their parents are knowingly complicit in setting this up for comedic effect. This guy did this splicing without the consent or knowlege of the parents/legal guardians. He could be held accountable for every kid in that video if all the parents went after him, and that means that if there are say 20 kids having their footage used at a year apiece or whatever, it
adds up quick.
Also one has to look at this from another context, imagine for example that your entertaining at a party for kids and you throw candy and popcorn into the crowd of kids and they start jumping up to grab it and get all excited. Then imagine you edit the video to replace you throwing candy with you wahcking off on the stage, and change it so you have all the kiddies apparently jumping up to grab your flying spunk. That's a bit more offensive than what we're seeing here, but it falls under the same guidelines.
I'll be honest in saying that I seriously disagree with laws aimed at pure fiction. I don't think things like "Buffy The Vampire Slayer" (even if it involved teens), "South Park", "Porky's", "American Pie", or exploitive anime featuring cartoon characters should be banned or regulated if it has redeeming merits to it. While it didn't involve American law I tend to think of New Zealand's ban on "Puni Puni Poemy" as examples of regulation on fiction getting out of control. http://www.hikari.org.nz/stuff/otaku/ppp/ http://en.wikipedia.org/wiki/Legal_status_of_cartoon_pornography_depicting_minors
The point here is that when it comes to works of pure fiction, especially when it's just artwork, any kind of legal action against the product itself is ridiculous. The exception to this is when your dealing with live children, being used unwillingly, for suggestive or pornographic acts. Of course even using willing children/willing parents for actual porn is and should remain illegal, but I do think there is a huge differance between child actors in a "MAD TV" skit or whatever, and someone editing video of children whose parents were unaware of it or what it would be used for.
So basically... yeah, I think this guy needs to have the book thrown at him. I'd be POed if he did this to my kid. I simply disagree on what they are throwing the book at him for. The adult material in of itself is irrelevent, because if the parents had consented to their children being used this way, it would be fine, assuming it didn't violate any child endangerment laws. I mean crap, if they are going to make this intristically illegal I'd imagine half the funny videos people put up of their kids would be banned outright.
It's a ticklish subject, largely because of involving kids in anything sexual to begin with (actual sex, or parental involvement being irrelevent). I admit to not being all that comfortable with looking at the issue as a whole, but for this kind of thing where there is no actual sex with children involved, I think everything on the subject that needed to be said was said in connection to movies like "Pretty Baby" with Brooke Shields http://en.wikipedia.org/wiki/Pretty_Baby_(film) The whole arguement might make me want to take a shower when taken to certain extremes, but in the scope of freedom of speech and expression I simply cannot support such a ban, with the ban being the greater of two evils even with real kids involved.
IMO the USA at least needs to come up with a mechanism by which desicians can be made with finality and never brought up again. Simply put, battles like this tend to recur and waste a lot of time, effort, and energy. All the effort being used to chase anime around (even when it's distasteful) or fight a case like this on pornographic grounds when that shouldn't be an issue (though there are legal issues here), could be better invested elsewhere. You let it keep going and there is always going to be someone angling from one end or another to force their point of view through and change the laws or body of precedent. At the very least we need to put a 100 year timer on it or something (once a generation) to still allow for a living leagal system but not waste the effort. I mean cripes, "Pretty Baby" was only 30 some odd years ago. That's not all that long a time in the scope of a nation.