I wouldn't presume to speak for the site moderators of admin. but going  by what has been discussed in this thread previously and also the TOS, I'd guess that the answer to your first question Cruzin would be yes, the picture of the girl who might to many appear to be underage but was in fact over the age of eighteen with verfiable ID would probably be allowed to remain, despite complaints unless it could be proven that it violates the TOS in some other way.

And I'm afraid in answer to the second part of the question, putting a notification or disclamer saying something like "All models dibicted are over the age of eighteen" or something isn't what the staff considers sufficiant evidence.  In fact, Primal, who started this thread, stated in opening statement that he'd put such a clarrification in the text for his render to avoid confusion saying that the model he was using was in fact an adult.

The difference being of course that a real life model can be asked for and have her age verfied through a photo ID.  A 3-D character of course cannot (I really ought to do a render with A3 proudly holding up an ID card saying she's eighteen or something.. like that heh).  So in those cases the moderators are once again forced to fall back on how the picture appears to a majority of them and decide if the image remains or is taken down on that basis.

That is why establishing ways to morph A3 in ways that are going to satify the need for artisic expression and at the same time keeping her apperance over eighteen is important in terms of giving people the ability to use that as a tool in there artwork and at the same time not creat a situation where the site could come under fire from it's sponsers for fostering underage or potential underage dibictions of characters and or situations.

In a previous post you used the example of a police officer pulling over a speeder and the speeder complaining to the officer that the reason they were speeding is that everyone else was going fast.  I would suspect the officer in question would probably explain to the speeder that simply because other people around you are breaking the law is not an excuse to do the same.

As it relates to the galleries here, one would relate it in terms of if someone sees a 3-d character or a photo were the models or persons appear to them to be possibly or obviously underage, it would not justify that individual putting up a image they themselves thought might be called into question simply because they feel someone else might have gotten away with it.

I realize from speaking with some members in private and also from what has been said and expressed here that there are some, perhaps many, who feel that certian areas of the site and/or certian galleries are possibly being favored in respect to this issue, while other galleries and members may have taken the brunt of the punishment dolled out, particullary during the transition period or "May Purge" as I will still refer to it.

Certianly it's possible that given the sheer volume of daily work combined with the crises situation might perhaps have effected the decision making process.  If such is the case I would certianly hope that their would perhaps be some introspection, review, and possible clemency for those individuals.  It is a little disturbing to hear stories about the number of people effected in a compartivily short time frame.

I do also think that personal responsibility on the part of an artist is important.  I am reasonably sure that their were those who submitted images they knew might be called into question, even being aware that it might mean a perminant ban from the site instead of first submitting it by e-mail privatly for approval or disapproval.  It is also important to remember those, however, who submited their images in good faith, honestly believing they were in full TOS compliance, and who because of past mistakes or indescretions where then banned, especially in the confused period following the shifts in site policy.

And one other thing I think is imporant for folks to remember here.  It's not just Anime or any other type of art or gallery that has been effected by this, although certianly the Anime genre seems to have been hardest hit.  There have been cases mentioned that had nothing to do with either A3 or the anime field.

So for people to shrug their shoulders and think, "Well it doesn't really effect me 'cause I hardly use A3 and I don't like anime" is both short sided and foolish in my opinion.

Many of those standing in the van guard and holding the line for the rest of the galleries may favor the anime field and or characters like A3 or the Girl, but it's incredibly naive I think for people to suppose that if that front collapses that someone might not be knocking on the door to their choosen field of art next.  So go ahead and continue to hide behind a veneer of smug and self-secure apathy if you will.  Thing is, one day those people may wake up to find there is nobody left or willing to fight for them when it's their turn to face the music.