Re: Is it illegal?
First off, do not give out any legal advice unless you are a bar certified lawyer.
This is true.
The fact that you're on this forum, which contains some of the aforementioned material
This is not true; the forum itself hosts no game files, and the mods are pretty hardcore about not allowing any links to any loli games/etc as well nor allowing pictures of it to be shown.
How was the alien ship scene in South Park the Stick of Truth aloud to be included and sold all over the US and worldwide? If it's illegal in the US the anal raping of a child definitely should have been removed from the game.
The following isn't legal advice, as most of this is talking about the sociological/cultural factor of things, etc.
From this link;
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"“Only the North/South American one is completely uncensored on every platform,” the source wrote. “The Australian one is censored on all platforms, the European and Russian ones are censored on console only, and the German one is censored on console for anal probing etc, and censored on both console and PC for swastikas, Heil Hitler arm salutes, etc. To avoid a ‘Hot Coffee’ type situation, the 20-second-or-so gameplay/cutscene is removed completely from the disc and replaced with the screen you see at the link (times six more 20-second scenes).”"
Basically, the only place this scene got out there was the PC version of it in Europe/Russia and everywhere in the Americas.
As for how it's allowed, it's highly likely a lot of things that went into it;
1) Comedy Central and South Park in particular probably have an INSANE amount of lawyers that managed to find like 50 loopholes in the law that allow them to get this stuff out.
2) In America, at least, and possibly other places in the world, when an entity or show/series becomes popular enough, there's sort of this "unspoken law" that said entity can get away with stretching the law some if this behavior is in line with what's expected of them (or even if it's not). For example, look at how extremely popular celebrities get caught with ridiculous amounts of drugs or weapons, and get 1/10th the jail time an average person would get.
Similarly, there are many shows/movies that routinely break the law or ignore it outright, and are generally allowed to get away with it due to the above reason. South Park in particular has been a show that has frequently pushed and broken what was considered acceptable and allowed in the media for well over a decade now, so that's a real likely reason why they were allowed to do this kinda stuff.
3) As someone noted earlier with the Miller Test, this results in yet another situation; the Miller Test frequently applies to individuals far more than it does to large corporations, due to it being used on a state by state and area by area basis.
Because of this, when you have something sold over the internet, it becomes much harder to enact the Miller Test, as it's usually pointed back to the person of creation's area. (For example, if you lived in say, Alabama and you were making something and it got sold on the internet, the Miller Test would likely apply/trigger only if the people in your area in Alabama got pissed off at what you had released online).
HOWEVER, who do you point the finger at when you have something like South Park, where THOUSANDS of people from almost every continent have likely had a hand in its production, not to mention Comedy Central itself being involved?
All that said, honestly, it's just not worth the risk to get involved with/make loli projects/download or watch it, when there's a million other fetishes out there that are, IMO, a hell of a lot better (and safer) to be involved with, lol, and that goes for even if it WAS legal to download/own/make stuff of it.
