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Created on: November 22nd, 2008
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I concur in Mr. Justice Sporticus' unanswerable and unassailable comment, but I write separately to specifically address some points proffered by Mr. Justice Hathair. In his dissent, Hathair writes "[This YTMND deserved a] 5 [un]til the ear rape." Although he does not cite to any YTMNDs, Hathair is obviously referring to the bright line standard advocated by YTMNDs in other jurisdictions, under which any inclusion of ear rape is 1'd per se. See http://polendc.ytmnd.com/(YTMND 2006) (per curiam, holding
that gratuitous ear rape is 1'd per se); Stephanie Discusses Rape, http://stephaniediscussesrape.ytmnd.com/ (YTMND 2007) (Justice Twistedbar holding that a long beep is ear rape and thus 1'd per se); c.f. COOL DUDE WHO ISN'T A LOSER (YTMND 2006) (Finding that a gratutious penis picture combined with ear rape is 1'd per se). There is some merit to the reasoning in these decisions. Surely, in many cases, the inclusion of ear rape militates against a favorable rating insofar as it suggests a certain level of
artlessness by the creator of the YTMND. However, the bright line rule advocated by Hathair and others leads to unacceptable results in situations where the ear rape actually serves a purpose in the narrative structure of the YTMND. In the YTMND at bar, the ear rape was combined with an unnerving close-up of the protagonist's "cool face." This was clearly an artistic decision. The sudden ear rape, combined with the close-up, disquiets the viewer and evokes nervous laughter. Certainly this is the sort
of reaction that YTMND creators should seek to create. As a matter of public policy, our ratings decisions must allow for this sort of employment of ear rape. In short, Hathair mistakes a factor for an element. Commenters in other jurisdictions must be mindful of the distinction between gratuitous ear rape and ear rape for a purpose. Overlooking this sort of analysis would have a detrimental effect on YTMND, and creative output as a whole.
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