Grog has headache from reading thread....
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How did your prosecution come out? I've done months and months of reading on the subject. I should have cited this article first.Originally posted by horns
Look, I HAVE been prosecuted for this. And you're just flat out wrong to say "There is a precedent there that any and all actual sex is obscene by law. If the feds took you to trial on this they aren't asking the jury if they think it's obscene and that's it. They are going to show that it has already been found to be obscene and tell them they need to go by that law."
Your post above is relevant in the fact that it's called the Miller Test. That's what defines obscene material, and it has to be proven in each individual case.
You may be correct that "vanilla sex" is something they might try to go after, but they still have to prove it obscene.
http://www.obscenitycrimes.org/cliches2.cfm
I'm not saying that every person put through the system is going to jail. But you do have a valid case against you and a fairly large battle to fight. Good attorneys can save your ass from anything. But good prosecutors can also slam your ass on obscenity even on things most webmasters try to claim aren't.
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When were you prosecuted? was it back in the early 90's for video tapes? were you charged with obscenity? You're right about it being a hard case to prove....I guess it all depends on where you liveOriginally posted by horns
Look, I HAVE been prosecuted for this. And you're just flat out wrong to say "There is a precedent there that any and all actual sex is obscene by law. If the feds took you to trial on this they aren't asking the jury if they think it's obscene and that's it. They are going to show that it has already been found to be obscene and tell them they need to go by that law."
Your post above is relevant in the fact that it's called the Miller Test. That's what defines obscene material, and it has to be proven in each individual case.
You may be correct that "vanilla sex" is something they might try to go after, but they still have to prove it obscene.Comment
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You my friend *ARE* the problem.When I teach classes -- at a university, or at the Judicial College at the University of Nevada at Reno -- I say, "Well, why was this material made? For some literary prize or newspaper article? Was it made to hang in an art museum or for some artistic prize? Was it made for some political campaign? Was it made by doctors licensed by the medical board to help people with sexual dysfunctions?"
You are using modern definitions to justify your antiquated position.
Never forget that in their days, many of the finest artists and politicians that you likely defend as god fearing people were considered by their peers as "pornographers".
I hope that someday you have to suffer a court of your peers, because most of them have likely purchased memberships to one of our sites.<a href="http://www.adultplatinum.com/"><img src="http://www.adult.com/wmbanners/10dcash-468x60.gif"></a>Comment
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Well, you are citing articles from Morality in Media . . . what do you expect to find from a right wing religious group?
But you seem to be over-looking that even on those sites, they mention you have to prove something obscene by using the Miller Test.
As to how my case turned out, we settled, mostly because it was my wife and I on the site and we didn't want our names and family all over the newspapers. Otherwise, and especially if the case was filed in another jurisdiction, I'm pretty sure we would have won.Comment
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and yes "horns"..
i know who you are.<a href="http://www.adultplatinum.com/"><img src="http://www.adult.com/wmbanners/10dcash-468x60.gif"></a>Comment
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Originally posted by horns
Well, you are citing articles from Morality in Media . . . what do you expect to find from a right wing religious group?
But you seem to be over-looking that even on those sites, they mention you have to prove something obscene by using the Miller Test.
As to how my case turned out, we settled, mostly because it was my wife and I on the site and we didn't want our names and family all over the newspapers. Otherwise, and especially if the case was filed in another jurisdiction, I'm pretty sure we would have won.
Was this recently? are you based in the US?Comment
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Finally, the end of free porn!
Go Fuck Yourself!
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Wow.. so you're one of those fanastic people who just sacrificed your rights for some freedom.As to how my case turned out, we settled, mostly because it was my wife and I on the site and we didn't want our names and family all over the newspapers. Otherwise, and especially if the case was filed in another jurisdiction, I'm pretty sure we would have won.
Must be fun huh?
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Hooper - that's funny, we had a bunch of judges that were members of our site
I got stuck in Dallas in this ice storm - when I get back to Austin I'll get back to your email. We need to go have a drink.
OneHungLo - no, it was in 2001, obscenity charges, 200 some odd pictures and 13 videos in our MEMBER section. The weirder thing was that we had about 6000 pictures and hundreds of videos on the site. Almost all of it hardcore.Comment
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Horns (if you dont mind me asking) what was the final outcome? did they make you remove the vids and pics in question? fined? did you have to take the site down?Comment
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Hey, if I had known you would come join the fight and take a chance in Oklahoma, perhaps I would have decided differently. But no, it doesn't make me an idiot for choosing not to be the test case for obscenity prosecutions. One of the big guys, such as yourself, with a well-funded legal team is going to have to do it.Originally posted by Hooper
Wow.. so you're one of those fanastic people who just sacrificed your rights for some freedom.
Must be fun huh?
It's one thing to believe you're right... it's another to be an idiot and post it.
Had we LOST, I guarantee you wouldn't have liked the fact that prosecutors would then have precedent to go by.Comment
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I'll just say that the charges were dropped and leave it at that. No fines.Originally posted by OneHungLo
Horns (if you dont mind me asking) what was the final outcome? did they make you remove the vids and pics in question? fined? did you have to take the site down?Comment
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All American webmasters should be thankful Bush is focused on war and not fighting porn.
If your lucky his entire term will be spent on Iraq/N.Korea and when that wraps up, a porn-friendly president replaces him.<a href="http://www.pornopayouts.com/?rid=pp3076">PornoPayouts</a>
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I might run for president, will you vote for me?Originally posted by .:Frog:.
All American webmasters should be thankful Bush is focused on war and not fighting porn.
If your lucky his entire term will be spent on Iraq/N.Korea and when that wraps up, a porn-friendly president replaces him.
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I would if I could.Originally posted by EscortBiz
I might run for president, will you vote for me?<a href="http://www.pornopayouts.com/?rid=pp3076">PornoPayouts</a>
Tons of Hosted Galleries.Comment
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the totalitarian state begins poilicing the internet. i'm just gonna sit back and wait for the anti christ to make his apearance!
Cry havoc and let slip the dogs of war.Comment
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Could this be what you are referring to? Click the link and look to the rught under the Ashhahahahaha Updates.
http://www.firstamendment.com/
I think we'd have fair warning before anything happened. I'd assume they'd target the hosting companies before targeting individuals. Just a hunch but who knows.
I think Sleazy said it best:
i love threads like this - it scares the fuck outa you little idiots and makes for less compitation.
the sky is falling
the sky is falling.Comment
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I personally give 2 shits less about most of the posts here and stop myself so many times from replying with some snide comment.. this time.. not the case
first off.. fuck all the "sky is falling" ppl.. get a fucking clue, you are pussies and get the fuck out now, we don't need pussies
second- if you own a tgp and are that fucking worried about us law (and are a pussy, see #1) and are unable to make your site registered to a non usa citizen (if you are that scared or shit *did* hit the fan), you are def. a fucktard and we don't need any more fucktards around here
third.. I am a spammer, hit me up if you want traffic..
ok, for reals.. I gotta say, looks like times *might* get interesting ahead.. esp since the feds busted all the us drug paraphernalia makers and some webmasters who only sold them online line.
read this D E A press release about it
anyways.. in that press release assshahahahaha attacks the internet as helping bring drugs to kids.. that, with acacia, visa, etc... just another pain in the ass..
anyways, I'm not gonna change how I do shit.. and I don't believe anything until its a LAW or the money is in my bank account
eat that chicken little
oh, and I'll buy all your tgp's for $3.50, bitchI can resist everything except temptationComment
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Exactly.Originally posted by m0rph3us
thehun will live on. Holland
Then Bush can declare Europe as the Axis of evil and invade France and Germany.
Ashhahahahaha is blowing into the wind, what he could do is make sure that there are systems designed to keep out children.
But I will bet it will be 90% bluster and PR and 10% action.Comment
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wow, that site's not slanted...Originally posted by stocktrader23
Many people here will tell you the same.
http://www.obscenitycrimes.org/RogerYoung.cfm
The important part.
MIM: From your experience, could you -- discreetly -- describe what obscene material typically consists of?
you babies can go to bed.. make room on the net for ppl who have balls...
and for the record.. can't stop spam, lol.. it makes its own industry.... if it wasn't for spam, all the anti's would be out of jobs and have nothing to whine about and have nothing else to do on a friday night (or anyother night)I can resist everything except temptationComment
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Oh Please! Porn is not going anywhere. It's here to stay.
I'm so tired of hearing this weekly "the sky is fall" thing.
Little bit by little bit porn is becoming more mainstream. The public wants and enjoys porn. No it's not going away.
Think about it !
OzComment
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NoCarrier,
Yada Yada Yada! You are full of crap! I take it you can't get laid anymore
Love you anyway......
Hugs,
DanielleComment
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Originally posted by Danielle
NoCarrier,
Yada Yada Yada! You are full of crap! I take it you can't get laid anymore
Love you anyway......
Hugs,
Danielle
Hahaha. I am not asking you to believe me. And my sexual life is in excellent shape and has nothing to do with this topic.
Sorry, I won't use some childish attacks like "you can't get laid". But one thing is sure, I don't want to lose $150,000 in 6 months like you think!
Last edited by NoCarrier; 02-27-2003, 03:23 AM.
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Come to EU - the old world will be back!
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Here I am, bitch!Originally posted by smack
the totalitarian state begins poilicing the internet. i'm just gonna sit back and wait for the anti christ to make his apearance!
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haha im right there with youOriginally posted by [Labret]
First person to get popped, Windsor has a new resident within the hour.ICQ: 8218548Comment
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Aren't you concerned that you make money off prostitution?Originally posted by EscortBiz
What if the DOJ just read your post and you are now the first on the list?
kidding
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Chocker is a gangster!
TGP's are for outlaws
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Obscenity it deemed by local community standards, it is the most bizzare law on the books. What's considered obscene in Alabama may not be in New York so a precident wouldn't apply across the board.Originally posted by stocktrader23
Actually there have already been cases from several years ago and earlier that have found people guilty for any actual sex. There is a precedent there that any and all actual sex is obscene by law. If the feds took you to trial on this they aren't asking the jury if they think it's obscene and that's it. They are going to show that it has already been found to be obscene and tell them they need to go by that law. Not saying you can't luck out on it but by the book it is illegal.Comment
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Maybe I'm missing something here, but surely TGPs don't actually have porn on them, they just have links to porn sites.
If linking to a porn site is to be deemed illegal, then it's not just TGP owners who will have a problem - any major search engine has more links to porn sites than all the TGPs combined I would think.
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And what about all the search engines that link to TGP's? This thread is total bullshit.....Originally posted by completetosser
Maybe I'm missing something here, but surely TGPs don't actually have porn on them, they just have links to porn sites.
If linking to a porn site is to be deemed illegal, then it's not just TGP owners who will have a problem - any major search engine has more links to porn sites than all the TGPs combined I would think.Comment
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I think the real risk for TGP owners and those who host galleries is of prosecution for serving "material harmful to minors" and conspiracy to do such - not obscenity.
Every 15 year old boy knows his best chance to see free hardcore porn is on a TGP. No warning pages. Massive numbers of links to hardcore porn.
The hosted galleries craze makes it even easier to prosecute for conspiracy.
I see a lot of these new small and medium-sized sponsor programs taking risks that the big sponsors have historically not taken, such as distributing free hardcore material to their affiliates for use on galleries, and/or hosting hardcore galleries for their affiliates. This is insane in my opinion. This is tantamount to a conspiracy to distribute material that can be "harmful to minors" to an area that minors can and do often go. And affiliates need to ask themselves, just because my sponsor is hosting the gallery, and just because they are willing to take this risk, does this mean there is no risk to me? The answer is no, because of the US consipracy laws.
It's "material harmful to minors" and conspiracy laws that TGPs owners and gallery hosts have to be very worried about, IMHO.
Historically, prosecutions happen when people go to far, when they make it easy for the authorities to "crack down" - the hosted hardcore galleries craze may be the trigger.
All hardcore outside of an AVS/CC screen and links to such are risky and always have been. Just because "everyone is doing it" doesn't decrease the risk - in this case it might increase the risk of a "crack down".
Last edited by CoolE; 02-27-2003, 05:48 AM.Comment
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Here's what the federal prosecutor will argue:
a link to free-access hardcore = a conspiracy to distribute material harmful to minors.
...that will be their arguement in a nutshell.Comment
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You said you dont like Canada??Originally posted by [Labret]
First person to get popped, Windsor has a new resident within the hour.
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I never said that.Originally posted by Rose
You said you dont like Canada??
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This administration scares me. I'll be glad when they're out of office (hopefully soon). In the meantime, we have the right to at least be concerned. I'm sure as hell not backing down and quitting my job over it, but concern is a necessity.Comment
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but then wouldn't yahoo qand google and ....... all be guilty of the same thing?Originally posted by CoolE
Here's what the federal prosecutor will argue:
a link to free-access hardcore = a conspiracy to distribute material harmful to minors.
...that will be their arguement in a nutshell.Comment
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Yeah, I'd like to know the answer to that.Originally posted by roly
but then wouldn't yahoo qand google and ....... all be guilty of the same thing?I post on GFY so that when people ask me what I do,
I can tell them that I work with the mentally retarded.Comment
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Let's all drop our porn sites, and start selling vacuum cleaners, encyclopedias and bibles.
If a petetition comes around that is for abolishing free porn, let me know, I've got a pen that has been waiting YEARS to sign that fucker!
"I'm selflessly supporting the common good, but only coincidentally looking out for No.1."
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A link is a link. It is a string of TEXT!!! How can that be prosecutable? A fucking surfer has EVERY right to NOT CLICK THAT LINK. It is absolutely NOT the webmaster's responsibility to make the surfer NOT click on something. If they are on a porn site, they KNOW they are on a porn site. They could just as easily be on www.amazon.com.Originally posted by CoolE
Here's what the federal prosecutor will argue:
a link to free-access hardcore = a conspiracy to distribute material harmful to minors.
...that will be their arguement in a nutshell.
So, I really don't see how anyone could get busted for having a free site, as much as I would like to see them disappear, I doubt any link sites will get busted for this, I believe the gallery host could be more at risk than anyone... which is fine by me.
"I'm selflessly supporting the common good, but only coincidentally looking out for No.1."
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NoCarrier, your location is Montreal Canada, why does it matter to you? It doesn't matter to me.50% off the first 2 months hosting. Email be for a quote [email protected] We can supply up to 8 TB transfer.Comment
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You can always tell that to the judge, but do you think it will help?but then wouldn't yahoo qand google and ....... all be guilty of the same thing?
TGPs exist for a reason - they serve a niche market that search engines don't. They serve up links to massive amounts of hardcore pages, directly. No warning pages. No age verification. No multi-page sites. Just straight to the hardcore. That's what makes them different from a Google, and TGP owners know it, because that is why people bookmark and visit them - that is their niche.
The bottom line is large numbers of links to free hardcore are nothing but trouble, and "if I'm guilty then so are these other people" ain't gonna help one bit.
Voodoo: One word man, CONSPIRACY.Comment
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Go find some examples, save them to your hard drive, screenshots, Save Page As, etc... get every piece of evidence that Yahoo and Google are linking to free hardcore.Originally posted by roly
but then wouldn't yahoo qand google and ....... all be guilty of the same thing?
You might have a tool that you can use in your defense later.
"I'm selflessly supporting the common good, but only coincidentally looking out for No.1."
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I am sure cracking down on TGP's is somewhere between the shitty economy and the iraq war.....Comment
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I think it will be a long time before they go after Vanilla. To win big they have to go after stuff thats easier to get a guilty verdict. First they will go after the extreme stuff and the sites with girls dripping cum out of their mouths on the free pages. Girls doing anal on the free pages. You know the people that dont protect kids.The sites with big bold words like cum sucking bitches on their front pages. Those make good press if busted.They will start going after "vanilla" sex again. This conservative government is nothing to take lightly.Last edited by tony286; 02-27-2003, 07:03 AM.Comment
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Well, MY govt contact said unless you all send me 50% of your money right now, you're going to be arrested and sent to jail for life with no trial. I'm not saying who, though.
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The most they can do is make you put shit behind a avs or disclaimer and they can't even do that cause the US Supreme court and FCC has already stated that the internet is not contained to a set number of bands or channels.
So since you have to actually type the url in manually as opposed to switching the dial on the radio or flipping channels with your remote control it's the person who's visiting's responsibility since they are intentially going to the site. They can't just accidentally switch to your site like some adult oriented content or issue could be discovered on tv within 30 or 40 clicks of the remote up or down buttonsComment
![[Labret]](data:image/svg+xml;base64,CgkJCTxzdmcgeG1sbnM9J2h0dHA6Ly93d3cudzMub3JnLzIwMDAvc3ZnJyB2aWV3Qm94PScwIDAgNTAgNTAnPgoJCQkJPHJlY3Qgd2lkdGg9JzEwMCUnIGhlaWdodD0nMTAwJScgZmlsbD0nIzRkNjI1MycgLz4KCQkJCTx0ZXh0IHg9JzUwJScgeT0nNTAlJyBmaWxsPSd3aGl0ZScgZm9udC13ZWlnaHQ9J2JvbGQnIGZvbnQtZmFtaWx5PSdBcmlhbCcgZm9udC1zaXplPSczMDAlJyBkb21pbmFudC1iYXNlbGluZT0nY2VudHJhbCcgdGV4dC1hbmNob3I9J21pZGRsZSc+WzwvdGV4dD4KCQkJPC9zdmc+CgkJ "[Labret]")
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