Are DVDS worth the legal risks? - GoFuckYourself.com

TheSaint · 08-31-2003, 11:26 AM

Anybody ever talk to a lawyer about it? DVD is a good percent of my revenue, but I am getting cold feet. First we stopped shipping US postal, and then banned a few states.

(Less charges = less likely conviction, so at least won't be getting an "obscenity through US mail" rap.)

That still leaves the fact that even if you ship by UPS, you can be charged with shipping "obscene material" to some rural community in Iowa, which violates so-called "community standards".

So I am thinking of just dropping dvd entirely. Anybody ever done this? Sure, in the "Extreme Associates" case they are also charged with Internet porn but that is just one charge and thats an untested one...

So why be low hanging fruit for our (in)Justice Department? I am particularly intrested in hearing from anyone who ever asked a lawyer... Is a DVD more "risky" than a download?

Probono · 08-31-2003, 11:35 AM

You should ask YOUR lawyer. But if you are going to play it safe in this particular time you should get out of this industry completely. No one knows who, what or where the next prosecution will be.

Reality says stay mainstream and try to follow the law as much as it is understood. You hit the community standard issue on the head and was the tool used during the Meese years.

Good luck to you and all the rest of us if they really start prosecuting mainstream adult. Even if what you do is not obscene the legal fees will kill most people in the business.

JamesK · 08-31-2003, 11:37 AM

flubber

TheSaint · 08-31-2003, 11:39 AM

Quote:

Originally posted by Probono
You should ask YOUR lawyer. But if you are going to play it safe in this particular time you should get out of this industry completely. No one knows who, what or where the next prosecution will be.

Reality says stay mainstream and try to follow the law as much as it is understood. You hit the community standard issue on the head and was the tool used during the Meese years.

Good luck to you and all the rest of us if they really start prosecuting mainstream adult. Even if what you do is not obscene the legal fees will kill most people in the business.

I did ask my lawyer. He said "get out of dvds".

I've never played it 100% safe in life, otherwise I wouldn't get out of bed.

But I was wondering if others have struggled with the same question and what they decided.

Probono · 08-31-2003, 11:43 AM

We have decided to stick with DVD's but ours are all very mainstream. No one close to 18, no real kinky stuff. If they come for us Hollywood needs to worry because the line gets very blurred.

emmanuelle · 08-31-2003, 01:42 PM

Ship from Canada!

08-31-2003, 11:26 AM	#1
TheSaint Confirmed User Join Date: Jun 2003 Location: Everywhere at once Posts: 991	Are DVDS worth the legal risks? Anybody ever talk to a lawyer about it? DVD is a good percent of my revenue, but I am getting cold feet. First we stopped shipping US postal, and then banned a few states. (Less charges = less likely conviction, so at least won't be getting an "obscenity through US mail" rap.) That still leaves the fact that even if you ship by UPS, you can be charged with shipping "obscene material" to some rural community in Iowa, which violates so-called "community standards". So I am thinking of just dropping dvd entirely. Anybody ever done this? Sure, in the "Extreme Associates" case they are also charged with Internet porn but that is just one charge and thats an untested one... So why be low hanging fruit for our (in)Justice Department? I am particularly intrested in hearing from anyone who ever asked a lawyer... Is a DVD more "risky" than a download?

08-31-2003, 11:37 AM	#3
JamesK hi Industry Role: Join Date: Jun 2002 Posts: 16,731	flubber __________________ M3Server - NATS Hosting

08-31-2003, 11:35 AM	#2
Probono Confirmed User Join Date: Oct 2002 Location: Under the Rainbow Posts: 2,731	You should ask YOUR lawyer. But if you are going to play it safe in this particular time you should get out of this industry completely. No one knows who, what or where the next prosecution will be. Reality says stay mainstream and try to follow the law as much as it is understood. You hit the community standard issue on the head and was the tool used during the Meese years. Good luck to you and all the rest of us if they really start prosecuting mainstream adult. Even if what you do is not obscene the legal fees will kill most people in the business.

08-31-2003, 11:43 AM	#5
Probono Confirmed User Join Date: Oct 2002 Location: Under the Rainbow Posts: 2,731	We have decided to stick with DVD's but ours are all very mainstream. No one close to 18, no real kinky stuff. If they come for us Hollywood needs to worry because the line gets very blurred.

08-31-2003, 01:42 PM	#6
emmanuelle Confirmed User Join Date: Mar 2003 Location: Oh Canada! Posts: 3,662	Ship from Canada!