Many concerns come to mind when someone thinks about spending time in prison. First and foremost, there is always the risk of being shanked with a very, very sharp toothbrush. For the financial criminals, there is the distinct shame of being bested by Bernie Madoff in a game of badminton....
by Vaughn Greenwalt The latest criticism of mass-copyright litigation follows the same mantra of previously-pissed patrons: “I know I stole your porn but I’ll be embarrassed if anyone finds out so you can’t sue me!” Cut the crap already, “shame” is not a legal defense. Lets play fact or fiction with the...
By J. DeVoy At Likelihood of Confusion, guest blogger Matthew David Brozik provides an overview of the .xxx roll-out, which is happening in phases beginning now. For those unfamiliar with the domain name, there are two types of initial availability: Sunrise A, where existing adult companies can get .xxx domains to...
By J. DeVoy The Second Circuit dealt a body blow to the first purchase doctrine (aka first sale doctrine) in Wiley v. Kirtsaeng, a case about resold textbooks manufactured and obtained overseas - though subject to U.S. copyright registrations - and resold stateside. The Second Circuit held that such transactions are...
In Nevada, prostitution - defined in NRS 201.295 - operates in a manner very similar to the California statute at issue in Freeman. Overburdened though Nevada's courts are, the state lacks an intermediate appeals court and could settle the question of porn production's legality fairly quickly, with a fairly libertarian...
By Marc Randazza Following a three-month-long investigation of Theresa and Warren Taylor - Theresa being better known as "Kimberly Kupps" - the Polk County sheriff arrested them both on charges of promotion and distribution of obscene material. The crime? Creating pornography in their own home, then selling it both on their...
By J. DeVoy I've previously written about the futility of federal proposals to further regulate the internet for copyright infringement. Fellow blogger and colleague Ron Coleman - who participated in a really awesome brief with Marc and I - took note of my prior musings about this topic, focused on the...
Utah, apparently a hotbed of prostitution, appears to have had some trouble enforcing its anti-solictitation laws. Under Utah law, "solicitation" is defined as follows: 76-10-1313. Sexual solicitation (1) A person is guilty of sexual solicitation when: (a) he offers or agrees to commit any sexual activity with another person for a fee;...
By Randazza & DeVoy In this recently released opinion from the Fourth Circuit, Gentlemen's Clubs have won an important victory in their ability to serve alcohol as well as T'n'A on premises. The decision in Miller (Defendant-Appellant) v. Legend Night Club (Plaintiff-Appellee), Case No. 09-1540, released today, holds that a Maryland...
By J. DeVoy A California Appeals Court decision reversed a trial court's decision dismissing an unfair competition claim against Bright Imperial Limited (Redtube) and a host of other adult entertainment companies including Bang Bros, Brazzers and Fling.com. The decision, Cammarata v. Bright Imperial Limited, No. B218226 (Cal. App. Ct. Jan. 26,...
