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The results of that trial are complete garbage. But, there's a couple things that can be implemented to "help" avoid what's happening there... If you've got extreme material I'd look at hosting outside of the US as they used the server location to justify their prosecuting in a conservative "community"... Or use clusters or some sort of distributed system so that you have servers around the country/world. Secondly, if you sell your DVDs to a distributor, then have a contract in place that states they must only ship to places where the material is "legal". That will move the onus onto the distributor and "should" have prevented half the charges Max was found quilty of.
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