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Max Online: 567 @ 08/25/13 12:06 PM
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#253134 - 06/20/07 01:28 PM Adult Legal Briefs
Anonymous
Unregistered


Gene Ross has posted several articles relating to the legal side of the Adult Entertainment Industry. And since Mr. Fattarossi is to busy with Prime Time Unsensored to actually write about, well, "Pornlaw," and since Moxie is wrapped up in his remedial spelling lessons in order to finish his Porno edition of The Wealth of Nations , I figured I'd take a crack at commenting on this stuff:

Judge Fines Porn Shop $30K

ROCKPORT, Ind. -- A judge has fined the owners of a southern Indiana adult bookstore and lounge $30,000 for violating a county ordinance limiting the operation of a sexually oriented business.

The law defines a sexually oriented business as one in which sexual material makes up more than 35 percent of the merchandise or accounts for more than 35 percent of the store's revenue. An injunction against the Love Boutique in March did not order the business closed, but a lawyer representing the county argued that it was in contempt for violating the limits.

Spencer Circuit Judge Wayne Roell ruled Monday that because dancers appeared nude or seminude in the lounge, the business was in contempt for repeated failure to abide by the terms of the ordinance. The ruling allows the Love Boutique to remain open as long as it does not operate as a sexually oriented business. Roell also said the fines would increase with further violations.

--theindychannel.com

The Feds hit 'em high, the State hits 'em low. Porn fans have got to start taking action against Moral Orel and the Legion of Decency.



California Internet porn bill dies in committee

SACRAMENTO - - Legislation to require computer technicians to report any pornographic images of children they may stumble upon while fixing a machine was rejected Tuesday by the Senate Public Safety Committee.

Sponsored by Assemblywoman Cathleen Galgiani, D-Stockton, the bill would have extended existing law requiring film developers to report kiddie porn to those who repair computers. With the decline in film use as digital photography becomes mainstream, Galgiani says it only makes sense.

Arkansas, Michigan, Missouri, Oklahoma, South Carolina and South Dakota already require computer techs to report illegal photos or movies, and Connecticut is debating the issue.

Opponents maintain broadening the law would invade computer users' privacy and create a slippery slope of forcing many other occupations to become abuse watchdogs.

--recordnet.com

While I'm against restrictive legislation as a Rule, I don't see what the problem with this bill is? We're talking about Kiddie Porn here. Not Gag Factor, American Bukkake or even Max. It just applies an increasingly antiquated law to new technology. They hollar about one good law when there's dozens of bad one's slipping right under their nose. Preposterous.



Hearing held on Amazing.net's license- Decision Expected at a Later Date

SPRINGFIELD, Massachusetts - At a violation hearing of the entertainment license for the Amazing.net adult video store at 486 Bridge St. yesterday afternoon, Assistant City Solicitor Michael E. Mulcahy said the video booths were improperly maintained and the site of sexual activity. Springfield police officer Rupert Daniel said that on Jan. 9, 2007, he made an arrest for drug distribution outside the store, which is owned by Capital Video Corp. of Cranston, R.I. Daniel said he has observed male and female prostitution outside the store.

The store's property manager said that since the October violation alterations have been made at the store to prevent sexual activity.

A witness said she has witnessed male and female prostitution across the street from the Amazing.net. She said that customers who go into the store come outside and solicit prostitutes.

--The Republican

Rank amatures. These folks should've been to the Show World Palace, ca 1989, before Benito Giuliani and Disneyfication. Good Times.



Max and the Utah Cases (and mail order disclaimers)

--readers responses

Sean from www.pornvalleyvixens.com and www.pornlegends.com writes: Adultfyi.com is starting to look like a police blotter or a federal court docket lately. In seeing all the cases, the Utah and Florida cases got me to thinking. Way back when I was running mail-order, we posted the following disclaimer regarding our shipping policy on our order form:

WE HAVE CHOSEN NOT TO SHIP X-RATED VIDEO TAPES TO THE FOLLOWING STATES AND AREAS: Alabama, Arkansas, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North & South Carolina, Oklahoma, Tennessee, Texas, Utah, Northern District of Florida, Canada & Over Seas.

I'm not suggesting mail-order companies stop shipping to those areas listed, but now as I look at that list, it appears a lot of these local, state and federal cases are coming from those areas. Companies may wish to reevaluate the areas they ship to.

Since I'm feeling benevolent today, I'll toss out this other gem of advise - DO NOT SHIP TO P.O. Boxes. Street addresses only. Use UPS or FedEx. Remember, nothing is completely safe, but these ideas may be a little safer.

In other words: Use some Fucking Common sense!!!



Strip Club Owner on Trial Second Time on Prostie Charges

BOISE, Idaho -- A Boise strip club owner is in court today for the second time to face charges of running a prostitution ring.

Christopher Teague was arrested in January on charges of knowingly accepting earnings from a prostitute.

Prosecutors say he ran AAA Anytime Escort Service, which they claim was used for prostitution.

Teague went on trial for the charges in May, but the trial ended in a hung jury.

Lawyers spent the morning selecting a new jury.

The trial is expected to last several days.

--KTVB.com

I'm honestly afraid to find out what kind of three-tooth whores they've got in Idaho. The guy probably runs the only service in the State.



Julie Amero Case Began with Porn Pop Ups

It's October 2004 and a substitute school teacher named Julie Amero is in a classroom in a middle school in Connecticut when pornographic pop-ups start popping up on the classroom's PC.

If you've been near a computer more than a week you've seen this happen; someone visits a Web site that infects the PC and soon these pop-ups are happening one after another. (When it happens in rapid succession we call it a "porn storm.") Turns out the classroom's PC was running Windows 98 and had no anti-virus or anti-spyware on it.

Anyway, this teacher, who was not very familiar with computers, asked other teachers what to do about it and she was told "not to worry about it." She asked the school principal if she should turn the computer off and was told no.

But after students told their parents about the pop-ups and the parents complained, Amero, who was four months pregnant at the time, was arrested and tried for four counts of risk or injury to a minor, which carried a maximum penalty of 10 years per count.

Surely the court would realize porn pop-ups were not the fault of a substitute teacher, right? Surely a judge would realize that this Javascript infection on a wide open computer that the evidence showed came from a G-rated site about hairstyles wasn't an attempt to expose children to porn?

This is America, right?

Well, wrong. This is Jerry Springer's America.

Amero was convicted following a two-day trial that techies have derided as similar to a mock trial held in a fairly good fourth-grade classroom. And she was due to be sentenced to prison this month.

Alex Eckelberry, president of Sunbelt Software Inc., a Florida computer security company, is just one prominent techie who has taken up Amero's cause. He rightly points out that there is no evidence she had anything to do with infecting the computer and the defense had much evidence to show otherwise. It's just that no one involved in the case understood the technology of spyware very well.

I bring this up to note that Amero was not sent to jail but was granted a new trial, one that I hope never actually happens. Our tax dollars have been used for everything from studying cow flatulence to trying to convict Duke lacrosse players and, now, putting pregnant teachers in jail because they didn't know how to clean spyware off of a computer in a borrowed classroom.

If you are looking to write an e-mail or a letter, send one to the governor of Connecticut and urge them to get involved in this issue and let Amero get back to work, assuming the resulting publicity hasn't destroyed her life already.

--deseretnews.com

Come the fuck on. This isn't Indiana, Utah, or Pennsyltucky. It's fucking Connecticut. Supposedly a civilized place. Where Reason trumps Religion and people have a basic understanding of how a computer works. God. Stupidity is universal.

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#253135 - 06/20/07 02:02 PM Re: Adult Legal Briefs
pornlaw Offline
AC Cream Wannabe

Registered: 01/01/06
Posts: 459
Loc: California
Quote:

And since Mr. Fattarossi is to busy with Prime Time Unsensored to actually write about, well, "Pornlaw,"




Damn, slack is tight around here. Okay my show's on tonight and so I'll discuss each story and include Jim's analysis of the issues and then give my own.

Michael
_________________________
Michael www.AdultBizLaw.com

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#253136 - 06/20/07 02:03 PM Re: Adult Legal Briefs
Uomo Grassissimo!! Offline
Porn Jesus

Registered: 04/14/06
Posts: 14755
Loc: Busy downloading [LEGALLY!]
I was entertained & educated.



Nice!
_________________________
Amo i Gemelli!! wink

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#253137 - 06/20/07 02:07 PM Re: Adult Legal Briefs
Anonymous
Unregistered


Thank you, Counsellor. What time?

Top
#253138 - 06/20/07 02:09 PM Re: Adult Legal Briefs
pornlaw Offline
AC Cream Wannabe

Registered: 01/01/06
Posts: 459
Loc: California
9 or 10pm PST depends if the early show goes long.

Michael

_________________________
Michael www.AdultBizLaw.com

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#253139 - 06/22/07 08:51 AM Re: Adult Legal Briefs
Jeff Steward Offline
Porn Jesus

Registered: 04/14/03
Posts: 7408
Loc: JM Productions
Quote:





Max and the Utah Cases (and mail order disclaimers)

--readers responses

Sean from www.pornvalleyvixens.com and www.pornlegends.com writes: Adultfyi.com is starting to look like a police blotter or a federal court docket lately. In seeing all the cases, the Utah and Florida cases got me to thinking. Way back when I was running mail-order, we posted the following disclaimer regarding our shipping policy on our order form:

WE HAVE CHOSEN NOT TO SHIP X-RATED VIDEO TAPES TO THE FOLLOWING STATES AND AREAS: Alabama, Arkansas, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North & South Carolina, Oklahoma, Tennessee, Texas, Utah, Northern District of Florida, Canada & Over Seas.

I'm not suggesting mail-order companies stop shipping to those areas listed, but now as I look at that list, it appears a lot of these local, state and federal cases are coming from those areas. Companies may wish to reevaluate the areas they ship to.

Since I'm feeling benevolent today, I'll toss out this other gem of advise - DO NOT SHIP TO P.O. Boxes. Street addresses only. Use UPS or FedEx. Remember, nothing is completely safe, but these ideas may be a little safer.

In other words: Use some Fucking Common sense!!!








This may be the worst advice ever and was clearly written by someone who dosnt know shit about our industry.

1. 5 Star, Extreme, Max, me and Movies by Mail where all busted for shipping to a street address and not to a PO Box.
The bottom line is there is no safe address to ship to.

2. Extreme shipped to Pittsburgh, PA. 5 star shipped to Falls Church, Va. I shipped to Phoenix, AZ. and Max didnt even ship anything at all. Jaded shipped to Tampa, FL and the Feds busted Max for aiding and abetting. I dont see any of these areas on your do not ship list.
Like 1. this shows that there is no safe state or city to ship. Back in 2000 me, Max and Seymour Butts got busted for shipping to Los Angeles, Yep, L.A., CA.

I dont know who this moron is, but clearly he is one dumb asshole.

_________________________
all women should be victims of something, because they lied. - big moose

Top
#253140 - 06/23/07 11:00 AM Re: Adult Legal Briefs
Snowman Offline
Rob Black's Crack Pipe

Registered: 02/28/06
Posts: 137
Loc: california
Quote:

Quote:

WE HAVE CHOSEN NOT TO SHIP X-RATED VIDEO TAPES TO THE FOLLOWING STATES AND AREAS: Alabama, Arkansas, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North & South Carolina, Oklahoma, Tennessee, Texas, Utah, Northern District of Florida, Canada & Over Seas. *** I'm not suggesting mail-order companies stop shipping to those areas listed, but now as I look at that list, it appears a lot of these local, state and federal cases are coming from those areas. Companies may wish to reevaluate the areas they ship to.

Since I'm feeling benevolent today, I'll toss out this other gem of advise - DO NOT SHIP TO P.O. Boxes. Street addresses only. Use UPS or FedEx. Remember, nothing is completely safe, but these ideas may be a little safer.





This may be the worst advice ever and was clearly written by someone who dosnt know shit about our industry.





Jeff is correct that there is *no* safe address to ship to if one is targeted by the Feds or a local prosecutor. However, there may be some wisdom in not shipping to an ultra-conservative area such as Utah or Alabama especially if one's content pushes the envelope. Existing decisions, judicial attitudes and the prospective jury pool would be much more problematic in Salt Lake City than Los Angeles.

The "gem" about not shipping to a P.O. is mostly silly. As Jeff points out, many cases have been brought when allegedly obscene materials were sent to street addresses. The obscenity statutes the Feds bring charges under do not require the use of the US Mail or shipping to a P.O. Box. I suspect the reason why many obscenity stings use P.O. Boxes is purely a matter of convenience for the Justice Department. They probably get the box for free as well. Similarly, the carrier a producers utilizes to deliver the goods will not save them if the content goes too far. In other words, it is not a defense to an obscenity charge to say, "But I used FedEx!"

In today's legal environment, all adult producers should consult with an attorney familiar with the adult industry. It's important to understand the relevant laws and make informed decisions based on accurate information. The best time to do it is before something happens. "Preventive law" is your friend. I get the distinct feeling there's an a heck of a lot of people in the adult industry who operate without any clue about *all kinds* of legal issues -- any of which could blow up in their face at any time.
_________________________
-- Snowman http://www.raincoatreviews.com

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#253141 - 06/23/07 12:18 PM Re: Adult Legal Briefs
Uomo Grassissimo!! Offline
Porn Jesus

Registered: 04/14/06
Posts: 14755
Loc: Busy downloading [LEGALLY!]
I'm no lawyer and I don't produce/sell porn, but it seems blatently obvious from the posts that if you produce/distribute/sell porn you are subject to prosecution by some fed/state/local zealot NO MATTER WHAT OTHER PRECAUTIONS YOU MAY TAKE.

The more extreme your subject matter, the more likely you will be subjected. The more conservative the region, the more likely you will be subjected.

But, there clearly is no "safe" porn to make and no "safe" location to sell/ship it.

Which is scary ...
_________________________
Amo i Gemelli!! wink

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