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My take:
It sucks to be Max right now, but he has had plenty of warning on this and he chose his path.
The interesting thing in this indictment is the idea of the internet as a tool for "affecting interstate commerce". I always find this an interesting hole in the law. After all, if the server is in one state and a member in another, who actually causes the material to travel interstate? Without the end user, the material would never have gone there. Further, as many large ISPs (such as AOL) share gateway access to the internet, it is impossible to tell who is where until such time that they become a member. Even then, it isn't clear that someone who resides in Tampa Bay is in fact signing up in Tampa Bay, only that it is their billing address. He could be in an internet cafe in belize for all anyone knows.
When it comes to the DVDs delivered though, honestly, he looks fucked. There is very little way to dance around the fact that the videos are in the hands of the feds, having been delivered to Tampa Bay. Goes back to the famous Zip code lists, I think TB was on there a long long time ago. Sending pissing and full hand fisting videos into that area is risky, and unless major case law is made, are fairly likely to be found obscene in nature.
Forfeiture... that is a hard penalty, certainly something I wish on nobody - especially if they move for seizure before judgement, which could effectly put Max right out of business.
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