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Cake day: June 30th, 2023

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  • Or if there is any possible ambiguity in the law. I’m thinking it’s possible this has something to do with the recent weakening of constitutional protections for adult content in the US, where censorship by states of somewhat arbitrarily “obscene” content can be deemed illegal. The quote in the article by Valve seems to reference the concept of offensiveness in Mastercard’s policies:

    Payment processors rejected this, and specifically cited Mastercard’s Rule 5.12.7 and risk to the Mastercard brand. See https://www.mastercard.us/content/dam/public/mastercardcom/na/global-site/documents/mastercard-rules.pdf.

    the rule including the text:

    1. The sale of a product or service, including an image, which is patently offensive and lacks serious artistic value (such as, by way of example and not limitation, images of nonconsensual sexual behavior, sexual exploitation of a minor, nonconsensual mutilation of a person or body part, and bestiality), or any other material that the Corporation deems unacceptable to sell in connection with a Mark.

    So what I’m reading between the lines here is, there is now doubt among the lawyers of credit card companies or the lawyers of their middlemen that these games are for sure legal, and not in violation of obscenity laws that rely on hazy standards of offensiveness.