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Originally Posted by FightThisPatent
This will be a very intersting case to watch... put aside the extremeness of the content.. he is being charged with shipping (obscene) DVD titles along with the viewing of (obscene) video clips via the web. (similar to extreme associates case).
I guess Florida will be looking to describe what they consider to be "obscene".
Its hard for me, as a laymen, to understand that a discretely wrapped package, that was purchased by an adult, delivered to the adult's home can be the subject of "obscenity" when it is a private transaction.
Likewise, viewing of a video clip behind a members area, which is not out in the public, is also subjected to what is obscene.
The laws are designed to protect the public, but the person who received or viewed these materials was not harmed, they wished to see items.
It used to be against the law for homosexuals to have sex in the privacy of their own home in Texas.. you would think that similiar such strikings of the law would preserve the personal privacy space. To me, this is a very republican idea of privacy and less government intervention.
Fight the slippery slope!
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Generally speaking, the criteria for obcenity is, if the work as a whole lacks any educational, artistic or political value. If his sites aren't on cms, they can get him for each page that gets deemed obcene as a seperate piece of work too. Very hard to convict on this one. I'm sure he and his lawyer have covered every last safeguard in anticipation of this and likely have a solid defense against the charges.