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Old 07-02-2007, 09:41 AM   #1
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Moviesbymail.com? WTF OBSCENTIY CHARGES IN UTAH???

http://www.xbiz.com/news_piece.php?id=23606

Ok so this is one of my better sponsors after reading is article, I found myself wondering if he's right. This is America right? WTF??? To think someone can get you in federally indicted by just someone "complaining" is beyond me.

I could understand if there had been 1000's of complaints even 100?s, this looks like "single complaint" and is most likely some "mother" who happen to catch her son watching some porno he stole from her husband who legally bought on the internet and then filed a complaint!

When are we as voting Americans going to wake up and stop letting states like UTAH, ALABAMA and others tell us what we can and can not watch in the privacy of our homes.

Lets help out SAMI with his legal defense fund. He's put up this page if your interested, http://xbiz.com/news_piece.php?id=23876

Remember, this could have been you! ? One complaint and your out 200k in legal fees.
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Old 07-02-2007, 09:44 AM   #2
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theres a lot more of this kind of thing coming. its also one of the ways that the feds are trying to use to put max hardcore away.

i call it snaring, but laws are laws. in letter or in spirit is where the interpretation lies and the area that some people operate in.
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Old 07-02-2007, 09:51 AM   #3
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If your sending stuff in the mail you need to be extra careful, and your just plain stupid to send MaxHardcore to Utah...
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Old 07-02-2007, 09:52 AM   #4
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Americans should stop whining .... You got what you voted for
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Old 07-02-2007, 09:54 AM   #5
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Most people know better than to ship that stuff to the mormon state.
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Old 07-02-2007, 09:57 AM   #6
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theres a lot more of this kind of thing coming. its also one of the ways that the feds are trying to use to put max hardcore away.

i call it snaring, but laws are laws. in letter or in spirit is where the interpretation lies and the area that some people operate in.

A1R3K laws blow but yes your right seems restrictions are tighter and tighter.. plus Wizzo said.. MaxHardcore of all things sheesh
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Old 07-02-2007, 10:02 AM   #7
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http://www.xbiz.com/news_piece.php?id=23606

I could understand if there had been 1000's of complaints even 100?s, this looks like "single complaint" and is most likely some "mother" who happen to catch her son watching some porno he stole from her husband who legally bought on the internet and then filed a complaint!
In that scenario, I think you'd be mistaken on the legality of the husband buying/getting mailed the adult-oriented material.

You also can't make beer over a certain percentage alcohol in Utah.

It might be a bit backwards from most American's perceptions, but you're right iin that this is America - they have the right to live as they want so long as the Federal Constitution is not violated... and in both of these cases, jurisdiction falls under the 10th Amendment, imho.
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Old 07-02-2007, 10:09 AM   #8
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A1R3K laws blow but yes your right seems restrictions are tighter and tighter.. plus Wizzo said.. MaxHardcore of all things sheesh
its the kind of thing that they will get people on when they cant get them on anything else.

thats where max will take his biggest fucking is on the obscene materials accross state line thing, i'd imagine.
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Old 07-02-2007, 10:10 AM   #9
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"Donations also can be made through PayPal to [email protected]"

uhhhmmm.. Paypal?
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Old 07-02-2007, 10:13 AM   #10
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Hi All

Thanks for all the kind comments, we do appriciate all the support!

For those of you who feel we did something wrong or should have known better is say this!

Do we live in a free country? were a person has the right to do whatever they want in the provacy of their own home, as long as it doesnt hurt anyone?

Does a State or the government have the right to tell you a grown adult what you can and cant watch?

When I ship thousands of packages to a state does that not tell you that the people in that state want this product?

Does the government have the right to order something from me and violate my disclaimer and site policys and knowngly order something just for the sake of entrapment?

Is there any other industy on this planet where you can sell a legal product and get in trouble for selling it?

May be is was a mistake to mail it to UT, but you either belive in this great counrty or you dont, i dont feel anyone has the right to tell another person what they can and cant do and we continue to let the governement get away with this, where does it end people!

Sam
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Old 07-02-2007, 10:21 AM   #11
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Hi All

Thanks for all the kind comments, we do appriciate all the support!

For those of you who feel we did something wrong or should have known better is say this!

Do we live in a free country? were a person has the right to do whatever they want in the provacy of their own home, as long as it doesnt hurt anyone?

Does a State or the government have the right to tell you a grown adult what you can and cant watch?

When I ship thousands of packages to a state does that not tell you that the people in that state want this product?

Does the government have the right to order something from me and violate my disclaimer and site policys and knowngly order something just for the sake of entrapment?

Is there any other industy on this planet where you can sell a legal product and get in trouble for selling it?

May be is was a mistake to mail it to UT, but you either belive in this great counrty or you dont, i dont feel anyone has the right to tell another person what they can and cant do and we continue to let the governement get away with this, where does it end people!

Sam
your thoughts are ideal. But its simply not the way it is.

Sure... it shouldnt be this way, but... what are YOU gonna do about it?

YOu either conform or risk it like so.

It sucks... but what.... you really think the government will change? for us?

we havent had a fucking revolution in nearly a hundred years...

The government no longer works FOR the people, but infact it was crossed and We the PEOPLE work for the govenrment now. We take from our schools and give to our wars... why, cause the government says so... cause they are busy making their own money, they cant use their own.

stopping now before I taint the meaning of this thread
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Old 07-02-2007, 10:22 AM   #12
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Guess you learned a lesson most of us knew already, Utah and Porn do not mix.

Just like breaking into a home in Texas will get you shot.

I do not think it's right though, but you knew better and probably tried to profit from the Utah people because other sites won't ship there.
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Old 07-02-2007, 10:29 AM   #13
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"Donations also can be made through PayPal to [email protected]"

uhhhmmm.. Paypal?
ah man don't hate.. guys havin enough issues...


----------------------------------
hey sam.. will still keep sending sales
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Old 07-02-2007, 10:30 AM   #14
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.

Just like breaking into a home in Texas will get you shot.
...and chicago, NY, LA, Oakland, Miami... LOL
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Old 07-02-2007, 10:44 AM   #15
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OMG so i was doin a lil more reading on utah just for shits and giggles

did you know
-Paula Houston is believed to be the nation's first state official whose sole role is to fight porn
"Pornography is "a problem across the country, not just in Utah. It's out there everywhere, well, not everywhere, but our kids are exposed to it. It's definitely more accessible because of the Internet."
Paula Houston"

jeeze
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Old 07-02-2007, 10:47 AM   #16
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When you send porn by federal mail, you open yourself up for all sorts of potential charges and such.

Most of the successful major obscenity prosecutions in the last 30 years have been based on product shipped by mail and delivered to a conservative community. From Amateur Action BBS to Tom Gartman and his sicko rape videos, they have all been taken down because their material came in the mail. Max Hardcore at this point faces prosecution, and the hardest charges to beat will likely be the ones that have his videos being mailed to community where his material likely doesn't pass the old "community standards" test.

Good luck to anyone charged. It's a bitch to get away from.
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Old 07-02-2007, 10:55 AM   #17
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Hi All

Thanks for all the kind comments, we do appriciate all the support!

For those of you who feel we did something wrong or should have known better is say this!

Do we live in a free country? were a person has the right to do whatever they want in the provacy of their own home, as long as it doesnt hurt anyone?

Does a State or the government have the right to tell you a grown adult what you can and cant watch?

When I ship thousands of packages to a state does that not tell you that the people in that state want this product?

Does the government have the right to order something from me and violate my disclaimer and site policys and knowngly order something just for the sake of entrapment?

Is there any other industy on this planet where you can sell a legal product and get in trouble for selling it?

May be is was a mistake to mail it to UT, but you either belive in this great counrty or you dont, i dont feel anyone has the right to tell another person what they can and cant do and we continue to let the governement get away with this, where does it end people!

Sam

Dont think for one second that this is entrapment. Entrapment is defined by law in alomost all states, as " making forcing or coercing someone to do something that they would NOT NORMALLY DO ! "
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Old 07-02-2007, 10:58 AM   #18
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I think that even shipping Fed ex and UPS is going to get into a bad way soon.
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Old 07-02-2007, 11:02 AM   #19
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Originally Posted by shakfah View Post

Is there any other industy on this planet where you can sell a legal product and get in trouble for selling it?

May be is was a mistake to mail it to UT, but you either belive in this great counrty or you dont, i dont feel anyone has the right to tell another person what they can and cant do and we continue to let the governement get away with this, where does it end people!

Sam
I appreciate your point of view, and maybe I'm in the minority here, but I believe in this country being great because communities can be whatever they want to be. It's free in that respect.

If this was a Federal law, I'd agree with you 100%, but it's not - it's a local law - exactly what it should be... and as this doesn't fall within the bounds of the rights or restrictions explicitly outlined in the U.S. constitution, I believe it's an area in the purview of the local community... as designated by the 10th amendment to the U.S. Constitution. There's nothing more American than that.

So yes, I believe in this great country - and don't appreciate the implication that that's tarnished just because I'm not standing at your side in this ordeal.

It's the place of the Federal Government to regulate the trade between states, not interfere in the State's laws. Sure it's been done before (e.g. Highway money for increasing the drinking age to 21, etc), but it certainly shouldn't be the norm... and I wouldn't expect it over the right to view adult-oriented materials.

As I alluded to earlier, it's the same with high-percentage beer in Utah.

Do I personally feel I should be able to brew and buy beer that's 8% ABV? Yes, I do. And that's why I don't live in Utah.

So, to answer your question about "another industry" - again - yes, and in the same state... brewing. 8%'s legal - but you can't ship it to Utah.

I can empathize with your situation, but if you're doing business somewhere, it's on you to know what the laws are in the place that you're doing business, don't you think?

If you want to change it, perhaps urge Utah citizens to write and petition their legislators.

Regardless of all that, I earnestly hope the situation works out well for you. If it was an honest mistake, hopefully you'll just get a slap on the wrist.

Good luck.
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Old 07-02-2007, 11:10 AM   #20
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If your sending stuff in the mail you need to be extra careful, and your just plain stupid to send MaxHardcore to Utah...
Thats the truth.

There was that chick who was sending used panties to customers via the us postal service. She got into a world of hurt

DO NOT USE a govt agnecy to send anything that could be remotly considered obscene

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Old 07-02-2007, 11:11 AM   #21
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Hi All

Thanks for all the kind comments, we do appriciate all the support!

For those of you who feel we did something wrong or should have known better is say this!

Do we live in a free country? were a person has the right to do whatever they want in the provacy of their own home, as long as it doesnt hurt anyone?

Does a State or the government have the right to tell you a grown adult what you can and cant watch?

When I ship thousands of packages to a state does that not tell you that the people in that state want this product?

Does the government have the right to order something from me and violate my disclaimer and site policys and knowngly order something just for the sake of entrapment?

Is there any other industy on this planet where you can sell a legal product and get in trouble for selling it?

May be is was a mistake to mail it to UT, but you either belive in this great counrty or you dont, i dont feel anyone has the right to tell another person what they can and cant do and we continue to let the governement get away with this, where does it end people!

Sam

I surely hope you don't use US mail for that. Anyone in this biz should know to use UPS or Federal Express. Using the US postal service to ship porn is just begging to be locked up.
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Old 07-02-2007, 11:33 AM   #22
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I surely hope you don't use US mail for that. Anyone in this biz should know to use UPS or Federal Express. Using the US postal service to ship porn is just begging to be locked up.

ya know i have had a couple companies i deal with send me stuff i ordered thru usps.. hmm wonder if they know too?
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Old 07-02-2007, 11:54 AM   #23
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I wonder if movies by mail ever spoke to a lawyer before this happened? The first my lawyer told me was dont ever send anything using the us mail. Ever wonder why alot for adult video sites who ship the product have a big list where they wont send things? This is the reason.
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Old 07-02-2007, 11:55 AM   #24
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ya know i have had a couple companies i deal with send me stuff i ordered thru usps.. hmm wonder if they know too?
Most probably know but its a pain in the ass,it hurts sales and people think it cant happen to me.
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Old 07-02-2007, 02:28 PM   #25
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Most probably know but its a pain in the ass,it hurts sales and people think it cant happen to me.
thats true... sales are sales
i have a couple drop shippers.. so i hope that they are sending stuff in the right direction..
anyone have a safe state/zipcode list
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Old 07-02-2007, 02:47 PM   #26
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thats true... sales are sales
i have a couple drop shippers.. so i hope that they are sending stuff in the right direction..
anyone have a safe state/zipcode list
short list:

# We also do not ship adult-oriented material to the following states: KENTUCKY
# MISSISSIPPI
# OKLAHOMA
# TENNESSEE
# TEXAS
# UTAH

Additionally, we do not ship to these ZIP codes in the following states:
# ALABAMA: Prohibited in ZIP codes beginning with: 366.
# FLORIDA: Prohibited in ZIP codes beginning with: 323 and 325.
# MINNESOTA: Prohibited in ZIP codes beginning with: 557 and 558.
# MONTANA: Prohibited in ZIP codes beginning with: 591.
# NEBRASKA: Prohibited in ZIP codes beginning with: 681 and 685.
# NEW YORK: Prohibited in ZIP codes beginning with: 103.
# NORTH CAROLINA: Prohibited in ZIP codes beginning with: 282.
# OHIO: Prohibited in ZIP codes beginning with: 452.
# VIRGINIA: Prohibited in ZIP codes beginning with: 223.
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Old 07-02-2007, 02:50 PM   #27
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to all you webmasters out there who has warning pages and disclaimers on your site or other site policies, it doesn?t mean a damn thing, here is a great example.

On my site it states this:

Content Warning: PLEASE READ AND ELECTRONICALLY 'SIGN' THE FOLLOWING I am an adult, at least 18 years of age, and I have the legal right buy xxx dvd video movie titles, and novelties in my community. I will not permit any person (s) under 18 years of age to have access to any of the adult materials contained in this site. I am voluntarily choosing to access this site, because I want to view, read and/or hear the various movies which are available. I do not find images of nude adults, adults engaged in sexual acts, or other sexual material to be offensive or objectionable. I will exit from this site immediately if I am in any way offended by the sexual nature of any adult material. I understand and agree to abide by the standards and laws of my community in regards to adult entertainment.. By logging on and viewing any part of this Web site, I agree that I shall not hold the owners of the Web site or its employees responsible for any adult video movie materials located on the site. If I use these services in violation of this agreement, I understand if I purchase adult dvd movies you may be in violation of local and/or federal laws and am solely responsible for my actions. By entering the site, I agree to abide by these terms.

This is a standard disclaimer that?s on all site and look at what this FBI agent said in his report on my site:

After placing an online order, Agent Martin Schwarz received a package containing "pornographic DVDs and fourteen condoms." As Schwarz noted in the complaint, he is a Utah resident "familiar with the community standards" of the ultra-conservative state.

Does this not clearly say that he knew he was breaking the law and my site warning and disclaimer by ordering and still did, so what the sense of have this if its not enforceable?

And, another thing they said we shipping around 700 packages to UT in 2006, does this not clearly mean these people wanted this product? And are these people not part of the community they say that doesn?t want it?
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Old 07-02-2007, 02:51 PM   #28
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Thats the truth.

There was that chick who was sending used panties to customers via the us postal service. She got into a world of hurt

DO NOT USE a govt agnecy to send anything that could be remotly considered obscene

That also falls under a biohazard in some states

encountered that problem before
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Old 07-02-2007, 02:54 PM   #29
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your thoughts are ideal. But its simply not the way it is.

Sure... it shouldnt be this way, but... what are YOU gonna do about it?

YOu either conform or risk it like so.

It sucks... but what.... you really think the government will change? for us?

we havent had a fucking revolution in nearly a hundred years...

The government no longer works FOR the people, but infact it was crossed and We the PEOPLE work for the govenrment now. We take from our schools and give to our wars... why, cause the government says so... cause they are busy making their own money, they cant use their own.

stopping now before I taint the meaning of this thread
Agreed

the laws suck, but they are still the laws and don't be surprised to get nailed if you break them...

I hate speed limits, but I know that it's illegal to speed and I shouldn't be surprised if I get pulled over by a cop for speeding...because I already knew it was against the law...
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Old 07-02-2007, 02:54 PM   #30
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to all you webmasters out there who has warning pages and disclaimers on your site or other site policies, it doesn?t mean a damn thing, here is a great example.

On my site it states this:

Content Warning: PLEASE READ AND ELECTRONICALLY 'SIGN' THE FOLLOWING I am an adult, at least 18 years of age, and I have the legal right buy xxx dvd video movie titles, and novelties in my community. I will not permit any person (s) under 18 years of age to have access to any of the adult materials contained in this site. I am voluntarily choosing to access this site, because I want to view, read and/or hear the various movies which are available. I do not find images of nude adults, adults engaged in sexual acts, or other sexual material to be offensive or objectionable. I will exit from this site immediately if I am in any way offended by the sexual nature of any adult material. I understand and agree to abide by the standards and laws of my community in regards to adult entertainment.. By logging on and viewing any part of this Web site, I agree that I shall not hold the owners of the Web site or its employees responsible for any adult video movie materials located on the site. If I use these services in violation of this agreement, I understand if I purchase adult dvd movies you may be in violation of local and/or federal laws and am solely responsible for my actions. By entering the site, I agree to abide by these terms.

This is a standard disclaimer that?s on all site and look at what this FBI agent said in his report on my site:

After placing an online order, Agent Martin Schwarz received a package containing "pornographic DVDs and fourteen condoms." As Schwarz noted in the complaint, he is a Utah resident "familiar with the community standards" of the ultra-conservative state.

Does this not clearly say that he knew he was breaking the law and my site warning and disclaimer by ordering and still did, so what the sense of have this if its not enforceable?

And, another thing they said we shipping around 700 packages to UT in 2006, does this not clearly mean these people wanted this product? And are these people not part of the community they say that doesn?t want it?
that only covers entering your site... no where does it say anything about shipping materials, nor would it matter if you did, really
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Old 07-02-2007, 03:18 PM   #31
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Deej is exactly right.
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Old 07-02-2007, 03:28 PM   #32
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America is a sexually repressed nation, Some fear that it will harm their children immeasurable. Those people arent connecting the dots, even primitive man drew simplistic "dirty" pictures. then until very recently Women could not get pregnant without intercourse with a man. From my experience, I don't see europe flipping out over sex. They are pretty open about it compared to the US.
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