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Author Topic:   fair trial?
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 91 of 137 (183891)
02-08-2005 7:36 AM
Reply to: Message 88 by berberry
02-08-2005 2:25 AM


Re: Reasons
I agree, especially with kids of only 12 or 13.
Great! I enthusiastically await your providing evidence in the pertinent thread. It was started a month or so ago and is still available in the Coffee House.
If you have no evidence to present, please admit so.
If you have evidence to present, please make it your best case.
it's ridiculous to assume that in each and every case of adult-child sex, even if the kid is only 12 or 13, that damage is done.
Yes, it is. If your claim is that psych problems will appear sometime later in life, then we should still be able to get evidence of that, and use it to create laws. I await such evidence.
Where he and I disagree (at least as I see it) is that I don't think there's any reliable way to assess the extent of potential damage to a young kid, while he seems to feel that there is. Thus, I believe that for practical reasons the legal age of consent should be the same in all cases, while I think holmes would say that each case should be assessed individually.
You are almost correct on our disagreement. I do think cases should be judged individually, but using both a harm and moral component. The harm can be measured if it exists, but the moral reason cannot be and will vary from case to case.
As far as your position, I might even support "just to be safe" laws if there was any statistically significent (and I mean greater than at best 20%) relation between sex as a child and some form of psychological illness later in life. Of course it must be found to relate outside of cultural effects.
There are absolutely none to my knowledge and I await any evidence to the contrary.
This also relates to another important discussion going on right now between me and Parsimonious Razor in the Evolutionary Psychology thread (in Misc Topics I think). If what everyone is claiming is true, this suggests that genetically humans have a mechanism where sexual activity causes deleterious physical changes within the brain, where they will not after some arbitrary age (or may be set age if we do research). I would of course be interested in seeing people help defend evolutionary psych (and PR might as well). Personally I don't think it is a useful field (right now) and the mechanism everyone's "theory" here suggests, is highly dubious.
But let me add this question... If we found that there was a significant correlation between having engaged in homosexual activity and psychological illness, even later in life, would you agree in "just to be safe" laws against homosexuality? What about evidence for social problems (meaning increased problems in society)?

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 88 by berberry, posted 02-08-2005 2:25 AM berberry has not replied

Replies to this message:
 Message 94 by Phat, posted 02-08-2005 2:38 PM Silent H has replied

  
berberry
Inactive Member


Message 92 of 137 (183957)
02-08-2005 1:46 PM
Reply to: Message 89 by Silent H
02-08-2005 7:14 AM


Here's why your opinion is stupid, holmes
Children at the age of 12 cannot give informed consent. They are at the age of puberty and do not have the experience to understand the consequences of sexual activity. Naturally, they are sexually curious, but when an adult abuses a child's interest in sex for his or her own gratitification there is a high potential for harm. Therefore, every case of adult sex with pubescent children is a case of rape so far as the law is concerned.
If you want to respond to this, fine. But unless you present something that is better than stupid I will not respond to it. I'm talking about actual harm to children while you're off contemplating the historical origins of child rape laws. I don't give a damn how the laws originated, all I care about is that they are in place and enforced. If you want the laws changed the onus is on you to explain why using arguments that aren't stupid.

Keep America Safe AND Free!

This message is a reply to:
 Message 89 by Silent H, posted 02-08-2005 7:14 AM Silent H has replied

Replies to this message:
 Message 93 by Silent H, posted 02-08-2005 2:21 PM berberry has replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 93 of 137 (183966)
02-08-2005 2:21 PM
Reply to: Message 92 by berberry
02-08-2005 1:46 PM


Re: Here's why your opinion is stupid, holmes
Children at the age of 12 cannot give informed consent.
The concept of consent and informed consent is manufactured and not objective. You will find it differs across cultures, and different depending on issues.
Here is where I criticized the use of consent and informed consent with regard to morality. This thread has related to legal issues rather than moral ones, so there are differences, but it explains the counterexamples and the case you will have to build.
Naturally, they are sexually curious, but when an adult abuses a child's interest in sex for his or her own gratitification...
You believe the onus is on the accuser and the lawmaker, remember? Assuming a standpoint of no harm (which is where we have to start) an adult cannot be said to be abusing a child's interest just because there is self-gratification.
People engage children in their interests all the time, and sometimes especially for the gratification of the adult (usually the parents). With the exception of presuming that sex will be to their detriment, or adult sexual pleasure is different than other adult pleasure, you cannot use "abuse".
...there is a high potential for harm.
Great! There is a thread open on this topic and I am ready for anyone to put their money where their mouth is and show this actual or potential danger. It should be very easy since it is so well quoted... just like ID.
Therefore, every case of adult sex with pubescent children is a case of rape so far as the law is concerned.
Actually that is not true even within the US. There are varying degrees of criminal charge, and in some countries none at all.
I'm talking about actual harm to children
I'm happy to discuss the evidence you have for this. Is it the same evidence that people keep discussing about the harm of sexuality? It sure seems that way.
you're off contemplating the historical origins of child rape laws. I don't give a damn how the laws originated
I only did this to refute your claim of whether they were primarily morals laws. How else can I make that point than discussing how they came about and what continues to underlie them? Unless you have evidence to show that something else was used in their creation or is now underlying them? The thread is still open.
If you want the laws changed the onus is on you to explain why using arguments that aren't stupid.
You asked a question and you got an honest answer. If you don't like the truth then go cry about it to someone else. I was not campaigning here to change laws, and indeed I am already in a nation whose laws I pretty much like on that subject so what do I care about campaigning where you are.
Thankfully I am also in a nation that provides marriage laws that are what I agree with as well. Currently gay marriage is illegal in the US. Since you want US law changed I guess the onus is on you to explain why it should be changed using arguments that aren't stupid. Good luck convincing fundies that your arguments aren't stupid. And remember don't bother pointing out their variety across the globe and acceptance elsewhere, even as alternative models which function well... you consider that stupid, right?

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 92 by berberry, posted 02-08-2005 1:46 PM berberry has replied

Replies to this message:
 Message 97 by berberry, posted 02-09-2005 2:11 PM Silent H has replied

  
Phat
Member
Posts: 18349
From: Denver,Colorado USA
Joined: 12-30-2003
Member Rating: 1.0


Message 94 of 137 (183968)
02-08-2005 2:38 PM
Reply to: Message 91 by Silent H
02-08-2005 7:36 AM


Re: Reasons
holmes writes:
Great! I enthusiastically await your providing evidence in the pertinent thread. It was started a month or so ago and is still available in the Coffee House.
If you have no evidence to present, please admit so.
If you have evidence to present, please make it your best case
Ok, Holmes. here is a bit of stuff. I am curious about your position. Why are you defending the issue that kids exposed to sex at a young age are in general not harmed? Were YOU exposed to such activity?
Page not found – Jim Hopper, Ph.D. This report has much documentation on the subject.
I am curious, Holmes. You appear to approach this issue from a legal non attached angle. You may make a good lawyer some day. You may even get others to concede that the issue is relative to the culture of the "victim". I think that this is an attempt on your part to justify the abuse that victims close to you have suffered. (No, I can't prove it)
Lets get personal. Do you believe that a child exposed to sexual situations from an adult ten years older or more suffers any abuse some(1-25%) much(26%-55%) or most of the time?
If not, where are your statistics? I wager that you have personally known of some such situations and that these situations were suppressed by the victims. Am I wrong? Don't believe the myth that the early "education" was a good thing.
You have a personal motive for dismissing the idea that children can be victimized.
1) Either you or someone close to you had an experience with an adult sexually at a young age. You have convinced yourself that little if any harm came of it. Am I right or wrong?
2) If not, explain why else you have such a legal passion for proving that no victimization has taken place?
This message has been edited by Phatboy, 02-08-2005 12:49 AM

This message is a reply to:
 Message 91 by Silent H, posted 02-08-2005 7:36 AM Silent H has replied

Replies to this message:
 Message 95 by Silent H, posted 02-08-2005 6:27 PM Phat has not replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 95 of 137 (184005)
02-08-2005 6:27 PM
Reply to: Message 94 by Phat
02-08-2005 2:38 PM


Re: Reasons
Ok, Holmes. here is a bit of stuff.
I said put it in the pertinent thread. I will be more than happy to discuss it there... not here. It looks like it could be interesting, and appears pretty objective (from what I read so far).
Why are you defending the issue that kids exposed to sex at a young age are in general not harmed?
The position I have taken is more detailed in the other thread. However I am not defending anything. People have made claims that there is objective harm, and it is regardless of societal effects. I spent years looking for this in research (both in the past and then again more recently) and have found none.
It was in conjunction with work on a paper for pornography, and then later during research for a documentary on pornography with a possible angle on porn's effects on kids. I have education in sociology and sociological research, so it wasn't like this was simply flailing around and not understanding the research I was looking at.
I have stated that it is possible for harm to come about through overtly violent and coerced sexual activity, as well as within cultures that deride such activity (or sex in general) due to the effects of societal expectations. Thus I am at no time saying there is no possibility of harm under any condition, simply that there is no research that i am aware of which indicates harm intrinsically stemming from sexual activity under all conditions, and as far as this thread goes I have addressed what aoc laws are based on... which is primarily morality.
I think that this is an attempt on your part to justify the abuse that victims close to you have suffered.
You are wrong. You are probably thinking this because you are caught in the witchhunt mentality currently ongoing in the world toward sex, which inevitably makes people think that those who state rational arguments which undercut irrational hatred, must be allied in some way with those that are hated.
Do you believe that a child exposed to sexual situations from an adult ten years older or more suffers any abuse some(1-25%) much(26%-55%) or most of the time?
It depends on the culture. But inherently (outside culture) there is no mechanism I can think of which makes the touch of someone 10 years older create a different effect in someone's brain. Can you? As Quetzal pointed out in another thread there really are cultures which exist that do not carry such stigma and so do not suffer the problems we assume come with sex.
If not, where are your statistics?
How do you prove a nonexistence? You know what is much easier? Proving something that is supposed to be so obvious, because there is so much evidence. That is why there is a thread open. Provide the evidence.
If not, explain why else you have such a legal passion for proving that no victimization has taken place?
I am also quite passionate in arguing for homosexual legal rights including marriage, despite not ever being in the position to 1) get married, or 2) have a gay relationship at all. That includes entering the military which I could do just fine.
Why do you think I defend them?
I am quite passionate for the rights of Palestinians, despite not being a Palestinian, nor going to benefit from anything that they could get.
Why do you think I defend them?
I am also passionately defending the right of a guy to get a fair trial, despite not knowing MJ personally, and not carrying if in the end he is found innocent or guilty.
Why would I defend him?
Oh yeah, I have also stated repeatedly for the record that I do believe there are reasons for aoc laws which are moral based, and under the laws I think should be in place regarding aoc MJ would still be indictable as he is now, and that if evidence can really be found that harm is intrinsically generated by sexual activity in children, aoc laws can be strengthened accordingly.
So what does this add up to PB?
It means that regardless what you "think" my sexual history is, or what my actual position on all of this is (which you have already misstated anyway to arrive at your conclusion of my sexual history), I have other more important commitments.
I believe in reason and evidence as the best methods to reaching conclusions, and that free societies function best when the laws are restricted as much as possible such that they focus on preservation of people's rights, rather than setting a singular morality regarding any issue.
Interestingly enough (about the only anecdotal stories you will get on this topic from me) I know of people harmed by the current laws and hysteria. False charges and real hurt. Charges were taken back, revealed to be patently false, but too late. Everyone wanted to believe, wanted to hate.
I was almost part of a "lynch mob" regarding such an issue and due to my staying calm and looking at facts I discovered the charges against several people were false. Charges were revealed as false (just like in the salem witch trials folks). If I had not said anything more than likely someone would have been in jail or worse. That really shook me up. Oh yeah, turns out one of the main people leading the "mob" had actually molested a child once. We all found that out later.
Yeah, events like that can really shape your attitude. Give me evidence and reason.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 94 by Phat, posted 02-08-2005 2:38 PM Phat has not replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 96 of 137 (184086)
02-09-2005 10:52 AM


for the record
Oh yes, I guess I should have pointed out one ironic element in this latest portion of the debate. There was a bit of a brouhaha over my claim these are primarily morals laws... can't be! Can't be?
The subject of this thread is MJ. All of the sexually related charges against him are called "lewd conduct". If there is a doubt as to whether these charges are morals charges let me post the definition of "lewd". From merriam webster...
1 obsolete : EVIL, WICKED
2 a : sexually unchaste or licentious b : OBSCENE, VULGAR
Hmmmmm. Yes, indeed.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

Replies to this message:
 Message 98 by berberry, posted 02-09-2005 2:14 PM Silent H has replied

  
berberry
Inactive Member


Message 97 of 137 (184112)
02-09-2005 2:11 PM
Reply to: Message 93 by Silent H
02-08-2005 2:21 PM


Re: Here's why your opinion is stupid, holmes
holmes:
quote:
The concept of consent and informed consent is manufactured and not objective.
So? We use the concept of informed consent because we can't always measure the harm done when an adult abuses a child. Some little kids are more susceptible to harm than are others, and since that harm can't always be easily measured it makes sense to regard any sex between an adult and a small child as being molestation.
It's quite noticeable, holmes, that you're caught up in the precise use and/or misuse of words and phrases and totally unconcerned about the harm that small children often suffer when they are molested by adults.
Why should a small child be forced to prove that he or she suffered harm from being molested by an adult? Why isn't the fact that the adult molested the child enough?
quote:
Assuming a standpoint of no harm (which is where we have to start)...
Hell no we don't have to start there. We can start with an assumption of harm. In fact, that's what we already do.
quote:
People engage children in their interests all the time, and sometimes especially for the gratification of the adult (usually the parents).
So an adult molesting a child is akin to an adult taking a child to Disneyland?
quote:
Actually that is not true even within the US. There are varying degrees of criminal charge...
I realize that but AFAIC the law should regard any sexual conduct between an adult and a small child as being rape on the part of the adult.
quote:
I'm happy to discuss the evidence you have for this. Is it the same evidence that people keep discussing about the harm of sexuality? It sure seems that way.
I've never encountered anyone so cold-blooded that they actually think that raping small children should be regarded as harmless unless the small child can prove that he or she has been harmed. In any case, I don't particularly care to do any vast amount of research on the subject because I've seen the effects of child sexual abuse myself. I know the harm it can cause. But since you need evidence in order to believe the obvious, here is a site that can get you started. It concentrates on male victims. I don't mean to ignore females, but this is the first site I found that seems to be relatively complete. There is an 'Additional Resource' section where you can even more information.
I'm not doing any more research on this because it's depressing. Since you are all alone in thinking that little children should have to prove they've been harmed in order to seek justice against their sexual abusers, I don't really care if this is in keeping with the usual standards of presenting evidence.

Keep America Safe AND Free!

This message is a reply to:
 Message 93 by Silent H, posted 02-08-2005 2:21 PM Silent H has replied

Replies to this message:
 Message 99 by Silent H, posted 02-09-2005 2:45 PM berberry has replied

  
berberry
Inactive Member


Message 98 of 137 (184115)
02-09-2005 2:14 PM
Reply to: Message 96 by Silent H
02-09-2005 10:52 AM


Still more stupidity
holmes:
quote:
All of the sexually related charges against him are called "lewd conduct".
By whom? I certainly haven't called it lewd conduct. I've called it rape, though. You have trouble telling the difference?

Keep America Safe AND Free!

This message is a reply to:
 Message 96 by Silent H, posted 02-09-2005 10:52 AM Silent H has replied

Replies to this message:
 Message 100 by Silent H, posted 02-09-2005 2:48 PM berberry has not replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 99 of 137 (184123)
02-09-2005 2:45 PM
Reply to: Message 97 by berberry
02-09-2005 2:11 PM


Re: Here's why your opinion is stupid, holmes
We use the concept of informed consent because we can't always measure the harm done when an adult abuses a child. Some little kids are more susceptible to harm than are others, and since that harm can't always be easily measured it makes sense to regard any sex between an adult and a small child as being molestation.
So what you are saying is that since you have no evidence, you make up a rule that says its there but just can't be measured and so there should be a law?
totally unconcerned about the harm that small children often suffer when they are molested by adults.
I said I supported certain aoc laws, particularly the dutch model which was cited by at least one if not more US SC Justices as a good model. But keep calling me names and pretending I am holding a position I am not. That'll make your lack of evidence look better.
Hell no we don't have to start there. We can start with an assumption of harm. In fact, that's what we already do.
Oh, okay. I will be voting along those lines just for you, to keep the US free of homosexuals and their rights, after all we can start with an assumption of harm and way more than half the population believes homosexuality is harmful... heck it was just recently taken off the DSM list, which means it probably still isn't really safe.
So an adult molesting a child is akin to an adult taking a child to Disneyland?
No.
I've never encountered anyone so cold-blooded that they actually think that raping small children should be regarded as harmless unless the small child can prove that he or she has been harmed.
This is not what I said at all. You have lost your reason berb. Goodbye bigot.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 97 by berberry, posted 02-09-2005 2:11 PM berberry has replied

Replies to this message:
 Message 101 by berberry, posted 02-09-2005 2:57 PM Silent H has replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 100 of 137 (184124)
02-09-2005 2:48 PM
Reply to: Message 98 by berberry
02-09-2005 2:14 PM


Re: Still more stupidity
By whom? I certainly haven't called it lewd conduct.
Whom???: The state which is trying MJ and so who wrote the laws under discussion. Are you the state which is trying MJ?
Goodbye bigot.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 98 by berberry, posted 02-09-2005 2:14 PM berberry has not replied

  
berberry
Inactive Member


Message 101 of 137 (184129)
02-09-2005 2:57 PM
Reply to: Message 99 by Silent H
02-09-2005 2:45 PM


Re: Here's why your opinion is stupid, holmes
holmes writes me:
quote:
Goodbye bigot.
Goodbye stupid.

Keep America Safe AND Free!

This message is a reply to:
 Message 99 by Silent H, posted 02-09-2005 2:45 PM Silent H has replied

Replies to this message:
 Message 102 by Silent H, posted 02-09-2005 3:03 PM berberry has not replied
 Message 103 by coffee_addict, posted 02-09-2005 3:20 PM berberry has not replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 102 of 137 (184135)
02-09-2005 3:03 PM
Reply to: Message 101 by berberry
02-09-2005 2:57 PM


Re: Here's why your opinion is stupid, holmes
I actually tried to remove those short emotional tags at the end. Unfortunately I have been prevented from editing my posts in this thread.
In any case, I guess the damage is done. I am sorry you feel evidence and logic are stupid. I will refrain from annoying you with them in the future. Good luck.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 101 by berberry, posted 02-09-2005 2:57 PM berberry has not replied

  
coffee_addict
Member (Idle past 507 days)
Posts: 3645
From: Indianapolis, IN
Joined: 03-29-2004


Message 103 of 137 (184143)
02-09-2005 3:20 PM
Reply to: Message 101 by berberry
02-09-2005 2:57 PM


Re: Here's why your opinion is stupid, holmes
holmes writes:
Goodbye bigot.
berberry writes:
Goodbye stupid.
You guys have any idea how entertaining you two are?

This message is a reply to:
 Message 101 by berberry, posted 02-09-2005 2:57 PM berberry has not replied

Replies to this message:
 Message 104 by Silent H, posted 02-09-2005 5:16 PM coffee_addict has not replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 104 of 137 (184165)
02-09-2005 5:16 PM
Reply to: Message 103 by coffee_addict
02-09-2005 3:20 PM


Sorry to end the show but it appears in another thread berb noticed I had actually tried to take back the bigot label (but was stopped by a glitch at EvC), so he was willing to take back the stupid label.
I guess at this point we are agreeing to consider our positions on this as irreconcilable.
That is until the movie rights get sold... now THAT will be entertaining.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 103 by coffee_addict, posted 02-09-2005 3:20 PM coffee_addict has not replied

  
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 105 of 137 (185032)
02-14-2005 5:35 AM


attention PB and Berberry
Both of you guys gave me a link to the site: Page not found – Jim Hopper, Ph.D.
Both of you said it contained info on harm. I must assume that neither of you actually read that site at all. It was a clinical site which did indeed discuss statsistics with regard to people who had suffered from sexual abuse. However, it came nowhere close to trying to prove anything about causality.
Although he did make one passing statement roundly condemning adult-child sex, and suggesting it is always harmful, it was NOT backed by any data. Indeed to get to that statement and believe it one would have had to pass by the caveats he had made at the tops of his pages, which said what I was saying.
And if you followed the links on his site you would have found that they were contradictory in nature, with one study backing up what I have been saying.
In any case, two other posters in other threads also gave me what turned out to be an equally false reference, though their error turned out vastly in my favor. I have opened up a thread on the topic and have it well documented.
Indeed it gives you both what at least one of you had demanded of me (if only I had known of it earlier). Here's the link...
EvC Forum: Science vs Morality: 1998 Rind Study Controversy (evidence of harm/abuse/consent)
And before you think you don't want to read it, because it will be too depressing, let me tell you that the study represents good news, not bad news for children. Some scientists have compared it to finding out that cancer does not have to be as bad for people who have it. Yes indeed it is a report that is a ray of hope.
Oh yeah, and it supports everything I have been saying. Perhaps you will discover there are reasons for you to agree with me.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

Replies to this message:
 Message 106 by berberry, posted 02-14-2005 5:59 AM Silent H has replied

  
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