real world
Obscenity Trial Could Test Whether 'Nintendo' Is More Popular Than 'Orgy'
Posted by Stephen Totilo at 8:00 AM on June 25, 2008
The New York Times reports that a trial lawyer in Florida defending a man accused of distribution obscene materials is taking a novel approach. To prove something is obscene, a jury must be convinced that the subject matter in question violates community standards.
Mr. Walters chose Pensacola because it is the only city in the court's jurisdiction that is large enough to be singled out in the service's data.
"We tried to come up with comparison search terms that would embody typical American values", Mr. Walters said. "What is more American than apple pie?" But according to the search service, he said, "people are at least as interested in group sex and orgies as they are in apple pie".
The Google service does, however, show the relative strength of many mainstream queries in Pensacola: "Nascar", "surfing" and "Nintendo" all beat "orgy".
Really. Raise your hand if you've played four-player Mario Kart. Okay. Raise your hand if you've played a four-player, uh, non-game. That's what I thought.
What's Obscene? Google Could Have an Answer [New York Times via EGO..trip]
[Image - Nintendo of Europe]

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
EnigmaNemesis
Posted 9:01 AM 25/6/08
Sooo ... which one's are the chicks in that pic?
EnigmaNemesis
Erode
Posted 8:50 AM 25/6/08
When I heard "Florida trial lawyer" I immediately thought of Jack Thompson; this seems like something he would've cooked up.
Erode
NunianVonFuch
Posted 8:47 AM 25/6/08
What about apple pie orgies? Do they count?
NunianVonFuch
kidko
Posted 8:47 AM 25/6/08
Does 3 player count? hehe
kidko
goat999
Posted 8:45 AM 25/6/08
That reminds me...where's our Eyes Wide Shut game?
goat999
Absent Blue
Posted 8:44 AM 25/6/08
I haven't played a whole lot of four-player Mario Kart but I've seen it a lot on the internet. You wouldn't believe what some people can do with banana peels.
Absent Blue
VishusBurn
Posted 8:40 AM 25/6/08
"Really. Raise your hand if you've played four-player Mario Kart. Okay. Raise your hand if you've played a four-player, uh, non-game."
UP and Up.
VishusBurn
dirkxxdiggler
Posted 8:38 AM 25/6/08
I've never played Mario Kart, but I have had a four-and more player non-game. Go figure...
dirkxxdiggler
Black-Dog-Howls
Posted 8:36 AM 25/6/08
...and yet there are still people out there that think California or Australia invented surfing.
Black-Dog-Howls
psymunn
Posted 8:34 AM 25/6/08
@CanaryWundaboy: While college residents might not be orgy free, I can tell you there's a veritable mario kart plague taking place in the average common room of our youth.
psymunn
Aristeia
Posted 8:34 AM 25/6/08
I like this lawyer's thinking. I mean, people tend to be extremely hypocritical about their private pursuits vs. their public claims. How many conservative politicians or public figures who denounced homosexuality were exposed for being gay?
It's bad enough that people claim that non-harmful acts are immoral, but such hypocrisy really offends me.
Still, I hope the evidence requested from google is more persuasive. Perhaps more effective would be to ask for all the top searches. "Orgy" isn't necessarily that popular a search term as compared to other sexual terms, all of which would aid the defendant in his claims.
Aristeia
ItotheCtotheE
Posted 8:31 AM 25/6/08
Why would it be against the law to distribute orgy pornography? I mean if it had kids or animals or something really wrong in it then fine. But it's just multiple people having sex. What a dumb culture.
ItotheCtotheE
wild homes and gardens
Posted 8:28 AM 25/6/08
Apple pie is totally overrated. It doesn't have a hard drive, appeals mostly to old people and casuals, can't do 1080p and isn't really a game.
In other news, this is an absurd legal tactic. But it just might work.
wild homes and gardens
etchasketchist
Posted 8:27 AM 25/6/08
Hey, how do they know that people were Googling orgies weren't actually anti-orgy? As in "How can I find orgies in my neighborhood so I can stop them?". I know that's the only context in which I would Google "Nascar".
etchasketchist
CanaryWundaboy
Posted 8:22 AM 25/6/08
"Really. Raise your hand if you've played four-player Mario Kart. Okay. Raise your hand if you've played a four-player, uh, non-game. That's what I thought."
Unfair survey on this forum, the population here beig mostly netgeeks and gamers probably the LEAST likely demographics to get lucky enough to have 1 woman, let alone 2.
Ask on a college forum or something, maybe the true answer will become clear. ;)
CanaryWundaboy
Green-clad Gamer Dude
Posted 8:20 AM 25/6/08
@KingBroly: YEAH!!!... wait, no we don't.
Green-clad Gamer Dude
InsidiousTuna
Posted 8:20 AM 25/6/08
NASCAR. Really? Those people can do a Google?
InsidiousTuna
Poison
Posted 8:19 AM 25/6/08
*raises his hand. twice.*
But Nascar? Nuh uh.
Poison
KingBroly
Posted 8:19 AM 25/6/08
We want Jack Thompson back!
KingBroly
Fox
Posted 8:19 AM 25/6/08
LOL. That image is too perfect!
Fox
GDW1017
Posted 8:18 AM 25/6/08
Does a group of four people, huddled, playing Brain Age count?
GDW1017
parad0x360
Posted 8:17 AM 25/6/08
The Lawyer might not win but you gotta give him an A for effort and creative thinking.
parad0x360
Double J
Posted 8:17 AM 25/6/08
This reminds me, I need to get ready for our bi-annual Mario Kart-and-Orgy party. It's at my house this year.
Double J
Struct09
Posted 8:12 AM 25/6/08
"Okay. Raise your hand if you've played a four-player, uh, non-game."
Same thing, am I right?
Struct09
Mavwick
Posted 9:36 AM 25/6/08
Don't you know what it means to become an orgy guy? It changes everything. I'd have to dress different. I'd have to act different. I'd have to grow a moustache and get all kinds of robes and lotions and I'd need a new bedspread and new curtains I'd have to get thick carpeting and weirdo lighting. I'd have to get new friends. I'd have to get orgy friends. ... No, I'm not ready for it.
-Seinfeld
Mavwick
WatchAndWarrant
Posted 9:30 AM 25/6/08
I don't think your analogy is right.
You need to ask how many people have watched an orgy vs. how many people have played mario kart.
Of course it'll depend on what age group you're polling.
The Kotaku demographic? I'm guessing it would be a close count.
WatchAndWarrant
AxCrusnik
Posted 9:27 AM 25/6/08
"Raise your hand if you've played a four-player, uh, non-game."
Some friends and I were having a discussion and we came to the conclusion that the minimum number of people necessary for an orgy is 5. 4 is either one lucky bastard with 3 ladies (or, shudder, vice versa), or two couples that happen to be swingers. Since an orgy needs at least 2 people of each sex (or else it would be a gang bang), and two couples shouldn't really count, the minimum number of people required for an orgy is 5 (or a "full house").
Any thoughts on the issue?
AxCrusnik
Quilt
Posted 9:24 AM 25/6/08
Where did "malpractice" fall under this little search of his? Just curious.
Quilt
Erwin
Posted 9:17 AM 25/6/08
Sorry, only three players so far... In Mario Kart. Although I've had plenty of four way action in both SSB and Mario Party (Birdo you tease!).
@InsidiousTuna: Oh no, the fans know plenty about it. Those are probably just tourists trying to translate the nonsensical babbling they're hearing.
Erwin
fuchikoma
Posted 9:17 AM 25/6/08
Huh. When I read the headline I thought of the band Orgy, which I haven't heard anything from for several years, haha.
Also, by strict rule of the language police, Google handily proves that Nintendo is quite vulgar. Not obscene, but those instructions and hand-holders in casual games are pretty explicit...
Silly wordplay aside, I really like the idea of this proof. It forces an antiquidated law to justify its relevance in modern times. I am sure there are many things you could do to violate "community standards" that the real community wouldn't even care about.
fuchikoma
CanaryWundaboy
Posted 9:15 AM 25/6/08
@psymunn:
Mario Kart?
You're lucky, my university house was full of C&C Strategy geeks. =(
CanaryWundaboy
Feba
Posted 10:55 AM 25/6/08
@ItotheCtotheE: Hi, welcome to America. One of two first world countries with a death penalty, and where evolution is accepted by a minority of the population (albeit a slim one).
Check logic at the door. It's not worth trying.
Feba
DarkTetsuya
Posted 11:15 AM 25/6/08
also:
[googlefight.com]
Nintendo wins it 228 to 36 (million)
DarkTetsuya
tripleripus
Posted 11:12 AM 25/6/08
@tripleripus:
Also, this may be a bit out of taste, but also porn, obesity, gay, and prostitution are more American.
tripleripus
DarkTetsuya
Posted 11:08 AM 25/6/08
@Erode:
I guess I'm not surprised, they must have a 'FREE LAW DEGREES' stand outside the courthouse. (It can't seriously be that hard to get one in Florida.)
DarkTetsuya
tripleripus
Posted 11:06 AM 25/6/08
Ah so true. Because the degree of how American something is should TOTALLY be based on Google Trends. According to this logic, France is also more American than apple pie.
tripleripus
EmeraldDragon
Posted 11:03 AM 25/6/08
And people always make fun of nerd for never having sex. Little did they know we had surpassed their base primal needs for more enlightened past times decades prier.
EmeraldDragon
thesycophant
Posted 11:00 AM 25/6/08
I think most people have looked at more pictures of people playing four-way "uh, non-games" than people playing four-way Mario Kart.
thesycophant
ninjafetus
Posted 1:04 PM 25/6/08
@AxCrusnik: I'd guess it has to do with the boundaries involved. If it's strictly heterosexual, that would be more like 'wife-swapping' than an orgy. But I could call 4 people an orgy if it went bi.
ninjafetus
serotoninzero
Posted 1:21 PM 25/6/08
Eh. Up only to the second one. We almost had four people playing Mario Kart Wii a couple weeks ago. Almost.
serotoninzero
.em.
Posted 1:46 PM 25/6/08
lol, at the pic.
Interesting article.
"4-player non game..." Sounds fun. :D
.em.
goliathvv
Posted 3:11 PM 25/6/08
I didn't raise my hand once. However, I will raise my hand sooner or later, getting my DS soon you know...
goliathvv
Slash3
Posted 3:24 PM 25/6/08
Um, yeah, there isn't even a remote similarity between the search terms he throws around.
Orgy, Nintendo: [www.google.com]
Orgy, Nascar: [www.google.com]
Orgy, Surfing: [www.google.com]
And why not...
Orgy, "Apple Pie": [www.google.com]
Oh god! What have I done! Orgies FAR outpace our love of apple pie, regardless of country. Because nobody is going to open google.com and type in fricking apple pie.
However, Orgy and Arrested both walk a very similar line:
[www.google.com]
COINCIDENCE???!!!???
Yes, yes it is.
Slash3
Vanguarde
Posted 3:58 PM 25/6/08
Hmm. I would pay good cash to see a Nintendo themed orgy using Wiimotes..
BUT it MUST have this guy...girl... thing..
[www.geekologie.com] (safe for work)
Vanguarde
Demaar
Posted 4:16 PM 25/6/08
I google Orgy all the time. They're a rad band.
Demaar
little_dragon
Posted 6:33 PM 25/6/08
Uhmmmm..... Well.. I've never played 4 player mario kart, but..
never mind...
little_dragon
BradOFarrell
Posted 6:31 PM 25/6/08
@Struct09: Nice.
BradOFarrell
Angryrider
Posted 9:46 PM 25/6/08
I saw a report on these "hug parties" on ABC awhile back. I was like WTF when the show reported on a bunch of middle-aged people getting all touchy feely with each other. I got nightmares!
That lawyer has better things to worry aboot besides the search for the word "orgy" on Google.
Stop touching each other for fun and play video games!!!
Angryrider
asphix20
Posted 10:35 PM 25/6/08
1 fucked up person searches for orgy 300 times in 5 days because they're desperate and have problems.
10 non fucked up people search for other things for a combined total of 250 searches.
Hmmm.... there is a flaw in that lawyers logic. I hope someone in the proceedings points it out.
asphix20
Ryodestined
Posted 2:30 AM 26/6/08
Anyone remember the DS's first slogan? "Touching is Good"? Well maybe DS parties are the perfect follow-up to orgies. Oh man, DS's at an orgy. I just realized how horrible it would be to lose track of your stylus at that event...*shiver*
Ryodestined
Zero_Beat
Posted 3:21 AM 26/6/08
Ladies and gentlemen of this supposed jury, this... is Chewbacca.
Zero_Beat