This is definite proof of TOS per sponsor. :thumbsup

I'm not talking about shoving porn content at him either. I'm talking about him selling a sponsor.

Because any company doing business with him is putting themselves in a legal position that is BEYOND precarious, and they are DIRECTLY LIABLE for it, as opposed to some brat clicking a link while surfing, which you are not INTENTIONALLY providing them with content. If this fellow is with an affiliate program, or buys content, etc, he is BEING PROVIDED with adult material. VERY ILLEGAL.

And how can he LEGALLY agree to their terms of service if he is underage? You cannot enter a legal contract with a minor without full parental consent, and in the case of providing him with adult materials, it would completely nullify even that, because even parents do not have the legal right to provide their underage children with pornography.

Hardly. I don't think you even know what you just posted.

Then you're just as liable by definition as anyone else. You could be doing it daily and not even know it.

Assumptions. I'm asking for documentation. I know for example that a 17 year old can legally enter into a contract with regard to the purchase or sale of a domain name. So your contract theory is not sound.

considering im a third year law student, im fairly certain i know EXACTLY what i just posted.

i just posted the statute that makes GFY criminally liable for allowing pad to remain here.

Not neccessarily. The warnings on adult sites are to help indemnify owners of the adult sites from a legal standpoint. NOBODY can know 100% if the people they are dealing with are legitimiate unless they ID everyone, and that's not generally done (although you're right it may be a good idea to do in the future). However if one is informed that someone is underage and do NOTHING to investigate it, they are MORE liable, as there are other charges that can be brought against them for KNOWINGLY providing adult materials to a minor.

Being that the majority of my customers are return customers that are established and run businesses, quite a few I know in person, etc, I am fairly confident that they are of legal age. But I HAVE and will continue to request ID from anyone who gives me even the slightest reason for question, or who I've been informed may possibly be underage.

Of course, that really doesn't change THIS situation, in that Pad has CLEARLY STATED he is underage, so any sponsors etc dealing with him RIGHT now are swimming in shark-infested waters. It isn't his parents who would press the charges if he IS actually underage, it would be the government. Not something to fuck around with, and I don't care HOW big a company is.

Great. What is the definition of indecent material ?

yes and this is key:

It isn't? Go read your contract law again with regards to contracts with regards to liabilities, especially where parental consent is concerned.

I really don't understand why you're so busy fighting everyone on this. This is an ADULT INDUSTRY, the companies here are providing ADULT MATERIALS. If this industry is KNOWINGLY providing service/payment/content etc to a minor, it's bringing scrutiny down on the ENTIRE INDUSTRY and just ASKING for trouble. Sure, there are young people who manage to get in and stay in, but those who deal with them KNOWINGLY are digging themselves some seriously deep holes.

I'm sure they do but there is a difference and that is FACT.

You might *assume* minors are looking at your porn pages but you don't have actual proof of it. You don't have contact with said minor. What I mean is you don't know him by name, you don't sell him content, you don't pay him, you don't knowingly or actively do it nor do you encourage a specific person to peddle the stuff for you.

Are you for REAL?

This is a message board, it's not a porn site. I don't know how old he is. I don't make a habit of believing everything I read at GFY. However, I was curious if actual law existed that said a 17 year old couldn't promote a sponsor. For example, ARS is considered a porn sponsor but you can promote a prepaid credit card, a discreet browser, etc. Does it make it illegal or just a violation of their terms ?

go read Miller vs. California or Fcc vs. Pacifica

if you dont already KNOW how its defined you dont belong in this business.

I'm not disagreeing with you. I'm asking you to provide proof.

Such businesses CANNOT enter a legally binding contract with a minor unless that minor has a parent involved as in signing for them. And even still, if a company is promoting adult-only materials, there is NO WAY a court would find ANY contract with a minor legally binding in ANY way, they would immediately slap the sponsor with charges. End of story. I've spoken at length with several of our lawyers on this very thing (as far as having customers underage etc last time we had to deal with someone and get id and whatnot), and that was essentially what he said. Kids can't LEGALLY promote any of those other programs either without parental consent, because the contract wouldn't be legally binding in a court of law. Sure, they could still do business, but the company would be FUCKED if anything went wrong.

Link me.

Don't listen to me. Call a lawyer and ask them! I did.

Lots of words, I didn't even bother to read this time. Post some actual documentation of law showing it's illegal for a 17 year old to see a message board.

Anyone that has provided this guy with any free gallery links to promote, or FREE CONTENT to promote their program,

Has absolutly broken a law , by providing someone under 18 with pornography, (it does not matter if he promotes those pics or not)

if you are a sponsor that provides material to an underage person, it is not the same defense as OOps he must have used his parents credit card to gain access, and fooled our due dilligence safty programs......nope!!!!

You pay them a check, to promote your Porn!!!! saying I did not know his age to the judge, will only result in more Jail time, as any GOOD judge will give you extra years for stupidity!!!!


and for those of you that like to think you know the law so well,

if the authorities target your bar/store for underage liquor selling
They use underage explorer scouts from the police sponsored or fire dept sponsored explorer posts!!!! happens all the time, in every state.... but I am sure our boy a s h hahahahaha, would never do anything sneaky or underhanded when he vowed to put all pornagraphers in jail right? so what's the worry eh? we might as well give this fucker the (hot model that was only 17 when doing her movies, that fooled the whole porn industry, and nearly brought porn to it's knees crumbling down as they recalled all of her movies, and several people got put out of business) TRACY LORDS award, for either showing us, a HUGE hole that needs fixed... or showing / working with the feds to exploit and damage us

The responsible thing to do here is obvious, ban all known under 18 participants, and put up at least the same safegaurds to the boards, and sponsor programs, as you do to your sites against any underage surfers....

sorry Euro's this means you too, as the vast majority of the laws being broken, and the damage it could cause are based on US law....
:2 cents:

You're still talking, but saying nothing.

If you don't know where to find what I said I was looking for, then just say it. You have no clue (neither do I). I realize that.

1 question, what does your lawyer charge you to answear calls on a sunday morning?:1orglaugh

yeah,
someone do that

You're generalizing. A message board is one thing, but adult-materials run by an adult-oriented business is another matter entirely.

Lol I pay my retainers and my lawyer is a fun guy. This was actually a while back when I dealt with all this, so I had already heard the scoop. I have US and Canadian lawyers just to cover both sides of things.

youre full of shit.

minors and their parents can void a contract for any reason up until the minor's l8th birthday and in some cases for two years after that.

a minor cannot contract for himself with any legal obligation to fulfill it

a minor or his gaurdian can void a contract at any time and theres NOTHING you can do about.



you want MORE info asswipe?

Agreed, but earlier I said this is a message board not a porn site.

i might also add that if a minor "breaks" a contract he has NO OBLIGATION to return any money or consideration hes recieved.

LOL ok, but isn't that an oxymoron? Lawyer=fun guy?


I want Jimthe fiend as my Lawyer.......I like the law school; he is attending!!!! and he seems kinda fun too....

Plus i am sure he is better than the bazooka bubble gum strips i been using to this point......:1orglaugh

I am sure LMC is correct, it is illegal........

But what are we doing that is different when we put up any porn site?

Isnt a Warning Page a form of contract, and as we cant ask a 17 year old to complete a contract arnt they a waste of time?

If you have children surfing your site.... as we all do..... when the judge asks, "why?" Do you say "its ok, I didnt know they were under age"?

:1orglaugh :1orglaugh

You're showing just how bad of a legal education you are receiving. Have someone you trust explain this to you. You're very wrong on this.

from section 1464, title 18


`(3) Permitting access to transmit indecent material to a
minor: Any remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider who willfully permits a person to use a remote
computing service, electronic communications service, or
electronic bulletin board service that is under the control of
that remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider, to knowingly or recklessly transmit indecent
material from another remote computing service, electronic
communications service, or electronic bulletin board service,
to a person under 18 years of age, shall be fined not more than
$10,000, imprisoned not more than 2 years, or both.'.





can you fucking READ?

Hahah naw this guy is like 70, he's got the WORST pottymouth I've heard, smokes like a chimney, loves women, but man when it comes to legal issues there is NOBODY I would rather have on my side. I think he's probably forgotten more about law than most lawyers ever learn.

In the US it is known as due dilligence, and it can ofer some protections....however as i previously stated, the problem here is not the same as the one you are describing....

omfg


this is from findlaw:

Validity of contracts

For a contract to be valid, it must meet the following criteria:

* There must be an express or implied agreement. In modern practice, whether there has been an agreement is determined objectively, not subjectively. Thus, it is no defense to an action based on a contract for the defendant to claim that he never intended to be bound by the agreement if under all the circumstances it is shown at trial that his conduct was such that it communicated to the other party or parties that the defendant had in fact agreed. Signing of a contract is one way a party may show his assent. Alternatively, an offer consisting of a promise to pay someone if the latter performs certain acts which the latter would not otherwise do (such as paint a house) may be accepted by the requested conduct instead of a promise to do the act. The performance of the requested act indicates objectively the party's assent to the terms of the offer.

The essential requirement is that there be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent. This manifestaion of assent theory of contract formation may be contrasted with older theories, in which it was sometimes argued that a contract required the parties to have a true meeting of the minds between the parties. Under the "meeting of the minds" theory of contract, a party could resist a claim of breach by proving that although it may have appeared objectively that he intended to be bound by the agreement, he had never truly intended to be bound. This is unsatisfactory, as the other parties have no means of knowing their counterparts' undisclosed intentions or understandings. They can only act upon what a party reveals objectively to be his intent. Hence, an actual meeting of the minds is not required.

A contract will be formed [assuming the other requirements are met] when the parties give objective manifestation of an intent to form the contract. Of course, the assent must be given to terms of the agreement. Usually this involves the making by one party of an offer to be bound upon certain terms, and the other parties' acceptance of the offer on the same terms. The acceptance of an offer may be either a statement of agreement, or, if the offer invites acceptance in this way, a performance of an act requested in the terms of the offer. For instance, if one tells a neighbor kid that if the kid mows the offeror's lawn, the offeror will pay $20.00, and the kid does mow the lawn, the act of mowing constitutes the manifestation of the kid's assent. For a contract based on offer and acceptance to be enforced, the terms must be capable of determination in a way that it is clear that the parties assent was given to the same terms. The terms, like the manifestation of assent itself, are determined objectively. They may be written, or sometimes oral, although some kinds of contracts require a writing as evidence of the agreement to be enforced.

* There must be consideration given by all the parties, meaning that every party is conferring a benefit on the other party or hinself sustaining a recognizable detriment, such as a reduction of the party's alternative courses of action where the party would otherwise be free to act with respect to the subject matter without any limitation.

* Both parties must have the capacity to understand the terms of the contract they are entering into, and the consequences of the promises they make. For example, minors or mentally disabled individuals do not have the capacity to form a contract, and any contracts with them will be considered void or voidable.

For adults, most jurisdictions have statutes declaring that the capacity of parties to a contract is presumed, so that one resisting enforcement of a contract on grounds that a party lacked the capacity to be bound bears the burden of persuasion on the issue of capacity.

* The contract must have a lawful purpose. A contract to commit murder in exchange for money will not be enforced by the courts. It is void ab initio, meaning "from the beginning."


http://www.lawforkids.org/QA/Other/Other36.cfm
http://law.freeadvice.com/general_pr...g_contract.htm

Care for more?

I talked to pad on ICQ once and I'm willing to bet he's not a character

he is 17 and probably making more than half the people on this board

reminds me of myself when I was 20/21

don't be jealous