KimmyKim is right - the FTC only handles a few porn cases a year. They almost always settle.
That doesn't mean they COULDN'T - I just don't think they would. Amazon and Victoria's Secret have faced criticism over similar tactics (and at least one lawsuit). I agree that the B&L case was different.
http://www.courttv.com/legaldocs/business/victoria.html
I have worked in retail stores that did the same. Consumer protection law is very, very strict. I haven't looked up the law on this - so I am not sure who would win, but no one wants to try if an official complaint comes their way. Notice they are using RICO to go after VS - that law was designed to go after mobsters!
If you guys really want to know what would get you into trouble - it is posting things claiming you are this and that girl (watch me get fucked in the ass on this site) in order to get them to a sponsors site if that girl isn't on there. Notice that Cybererotica WILL NOT LET YOU DO this.
Why, because they are about the only porn company on the planet that follows the law to the letter and has lawyer(s) that knows what it is - you are misrepresenting what you are selling by doing that - do I care? No, but if they wanted to they could go after hundreds of people. They are one of the few Porn Sellers to actually follow the DMCA to the letter by having a registered copyright agent.
From reading the Cybererotica boards, I recall the reason they changed the price for Mr. Skin was that people were canceling and signing up with Mr. Skin directly - making it a business and not legal decision (even if the complaining resulted in more chargebacks - it would still be good business).
Cybererotica is one of the few programs that actually offers the option you suggested (sort of) - you can have a free trial:
http://in.xxxpassword.com/cgi-bin/xx.../390/2394360/C
or paid trial:
http://in.cybererotica.com/cgi-bin/f.../221/2180116/X
Personally, I see nothing wrong with it, but who knows what the actual law says. As far as I know there is no precedent on this, but I didn't look it up. The way I see it is I AM SETTING the prices - just as I would have the right to buy something out of the VS catalog and sell it on eBay for whatever I wanted. I think this could be distinguished from CyberErotica - as they are doing the back end stuff. I think it is a great idea.
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