Private Media Group last week asked a federal judge to go along with a $11.3 million default judgment
against two of the largest porn tube sites, EmpFlix.com and TnAFlix.com.
Private, which claims the tube sites' operator, YoungTek Solutions Ltd., is illegally streaming 75 of its videos, also is seeking to have EmpFlix.com and TnAFlix.com's domain names awarded to the adult entertainment company.
The amount at stake is large, but the defendant is a commercial venture that operates one of the busiest online commercial properties in the world, Private said in a motion for default judgment. Only a large award will serve to deter
these arrogant defendants from future illegal action.
Los Angeles County public health officials have the discretion to mandate regulations to control sexually transmitted diseases on porn
sets, an appeals court has ruled.
The county had been sued by nutters of the AIDS Healthcare Foundation (AHF), which has been a thorn for the adult entertainment industry for years as it attempts to oppose the indiustry by making condoms mandatory for all porn productions.
The AHF sued the county for its inaction over regulating porn shoots. It lost in a lower court and reached out to the California Appeal Court, which ruled against it, 3-0.
Appellate judges, in the unpublished opinion, said the county's health department has discretion to determine what measures are necessary to prevent the transmission of communicable diseases and could not be forced by the courts to implement the
specific means advocated by the AHF.
The AHF blames the lack of protective equipment for performers, including condoms, for a so-called epidemic of STDs, and says the county has taken no effective steps to address it.
The AHF told XBIZ that they won't challenge the appellate ruling but would fight on.
Diane Duke, executive director of the Free Speech Coalition, told XBIZ that AHF has a history of filing frivolous lawsuits: L.A. County had already identified sexually transmitted infections in the adult industry as a 'non-issue' when it comes
to public health, she said. Moreover, a recent report concerning STIs in the adult entertainment industry confirmed that adult performers have a lower rate of STIs than populations of individuals who test at STI clinics and other sexually
The AIDS Healthcare Foundation will appeal last week's ruling by the California Court of Appeal that said Los Angeles County health officials can't be forced to regulate the local porn biz. The state's highest court now will decide whether to take
the case over the AHF's bid to make condoms mandatory for all porn productions in the county.
Diane Duke, the Free Speech Coalition's executive director, blasted the AHF, saying:
It is shameful how AHF's grandstanding consistently takes priority over the health and well being of their clients and now the people of L.A. county. AHF has a history of frivolous lawsuits that not only squander funds that
could and should be used for the prevention and treatment of HIV but also now into taxpayer dollars.
In a heated and contentious advisory panel meeting, nearly 70 porn performers came out in force to voice their concerns and give input on
a Cal/OSHA draft proposal containing modifications to California's health code to extend adult industry workplace safety regulations.
The purpose of the meeting was to gather comments from industry stakeholders to crystalize specific areas of proposed regulations in the draft. Several items were on the agenda including discussing definitions, control measures, alternative
measures, medical services and record keeping.
The draft described adult entertainment as the production of any film, video, multimedia or other recorded or live presentation in which performers actually engage in any activity that may result in exposure of the eyes, skin, mouth, anus,
vagina or other mucous membranes to the blood or other potentially infectious materials -- sexually transmitted infections (OPIM-STI). Many took issue with this description saying this was too broad of a definition.
The meeting then moved on to barrier protection, described as a condom or other physical block that prevents the passage of blood and OPIM-STI to another person. A female performer said that if condoms are enforced, that every legitimate
studio will be affected and productions will either go underground or leave the state.
Dan O'Connell, president of Girlfriends Films, said enforcing condoms especially for girl/girl scenes would be problematic: If we provide barrier protection, it'll be the end of the industry here in California, he said. Fans of girl/girl
who are into the oral part will not put up with barrier protection.
Another topic that was hotly debated was permitting alternate measures to control risks of oral sex.
At the end of the meeting, Deborah Gold, Cal/OSHA’s senior safety engineer reminded everyone that current standards still apply to adult, which means the use of condoms as a form of barrier protection.
Lap dancing cannot be considered an art form, a New York state court hearing a tax dispute has ruled.
The owners of the Nite Moves strip club in Albany had argued the business should not have to pay sales tax on money earned from admission fees and lap dances. It claimed a state law that makes dramatic or musical arts performances exempt
from sales tax should include strippers' dances, whether they are on a stage or in private booths.
The five judges at the Appellate Division, Third Department disagreed with the idea that stripping could enjoy the same tax status as ballet and ruled against the club.
Justice John Egan Jr said Nite Moves had failed to establish that private dances were genuine choreographed performances and suggested the strippers usually learned their trade from videos or watching colleagues. He added: The record reflects
that the club's dancers are not required to have any formal dance training.
Nite Moves' lawyer, Andrew McCullough, said the club would appeal against the ruling, on the grounds the court had made a value judgement on the artistic merits of lap dancing.
Nine months after Missouri implemented further restrictions on the state's adult businesses, at least two local strip clubs are
continuing pretty much as before relying on the authorities' lax enforcement of their X-rated entertainment.
Kansas City Star reporters recently observed more than a dozen female dancers at Bazooka's and Temptations whose entire breasts were visible. Although state law allows such semi-nude exposure, clubs that regularly offer it must close
at midnight. Both downtown clubs, however, remained open and admitted customers well past that closing deadline.
Some dancers also appeared on stages less than six feet from patrons, another violation of the statute. Reporters saw chairs lining the elevated stages in both clubs, placing some customers only inches from performers.
But Dick Bryant, a lawyer for Kansas City's adult entertainment industry, said the clubs are following the law, in part because he claimed the dancers only appear to be topless. The exposed breasts, he said, are actually covered by a thin layer of
opaque latex. Once they're covered, none of the rest of the law applies, Bryant argued.
He also said clubs are observing other parts of the new law, including rules that prohibit full nudity and semi-nude dancers from touching customers. The Star found those regulations, as well as those involving the sale of alcohol, were being
After a state court judge refused to delay implementation of the new rules, a coalition of strip club owners sought a Missouri Supreme Court ruling that its provisions are unconstitutional. A decision is expected later this year.
Kimberly Kupps, who co-operates namesake site KimberlyKupps.com with her husband, has been charged lwith 13 obscenity
counts for content distributed over the Internet.
Kupps specializes in the big-boobs niche and had been on the radar of the nutter Sheriffs Department of Polk County for three months.
The Sheriff's Department booked her under statute 847.5 on 13 counts of wholesale promotion of obscene material. Kupps was jailed along with her husband, Warren Taylor, who remains locked up; Kupps was released Saturday night after posting $7,500
According to the police report, a deputy paid an initial $19.95 membership fee to her website, where he found videos of Kupps having sex with men and women. The deputy downloaded six videos, burned them to CDs and asked Judge Reinaldo Ojeda to
review them. Ojeda, according to the police report, claimed the videos were obscene material under state law.
Gallup has just released the results of its annual values and beliefs poll, and as far as the issue of pornography goes, a majority of the
country's citizens 66% believes it is morally wrong.
A slightly deeper look at the poll's results reveals a marked age factor with respect to their acceptance of porn. Among those 55 and older, 19% said it was acceptable; among those 35 to 54, the percentage rises to 29, and it rises to 42% among
18-to-34-year-olds. Clearly, an acceptance trend is in the making.
There were others moral issues run by the thousand plus adults, of course. On the more acceptable side of the scale, gay or lesbian relations was seen as morally acceptable by a margin of 56-39 percent, sex between an unmarried man
and woman was given the green light by a margin of 60-36 and having a baby out of wedlock was morally permissible by a percentage margin of 54-41.
Live adult videoconferencing, otherwise known as live chat, has become one of the most profitable market segments of the online
adult entertainment industry.
As I have frequently discussed in previous articles, live content is one of the areas of the adult business that is, and is likely to remain, relatively resistant to the negative effects of content piracy, along with adult dating, erotic novelties
sales, and sexually explicit virtual worlds services. It is no wonder that a huge portion of traffic generated at tube sites is sold or directed to live content providers.
But, unfortunately, as with previous cycles of new adult entertainment business development, more often than not, new adult cam businesses tend to operate, at least initially, under a management mandate of generate the sales now and talk to the
Having been one of the principal lawyers in the business for so many years, I am sorry to say that the prevalence of this unfortunate and misguided business philosophy, and its application in the live cam business arena, is hardly surprising. But
it is for me, and should be for any participant in, or affiliate of, a live cam business, a matter of great concern if the cam business is not in compliance with the 2257 regulations. And unfortunately, I am sorry to say, many cam businesses are
simply not in full compliance with the 2257 regulations.
The problem starts with the fact that many cam business operators, live content aggregators and cam performers simply do not know that the 2257 regulations apply to transmissions of live content as well as recorded content.
It's tough to find a reliable statistic in our anonymous YouPorn age, but Hustler claims 56% of its customers at video stores are women.
And porn made by women for women is one of the fastest-growing markets (see: highly successful Candida Royalle).
But is this a step forward for women? Or is female support of such an industry (forgive the pun) ass-backward? We asked leading pro- and anti-porn feminists their takes on facial cum shots, barely legal porn, boob implants, and more.
With the end of the 2011 legislative session nearing, socially conservative members of the Kansas legislature turned down a
last chance to keep a bill alive that would have imposed severe restrictions on adult entertainment business in the state. The vote, which took place on the Senate, failed to garner the 24 votes necessary to approve a motion by Sen. Steve Abrams
that would have pulled the bill out of committee and onto the Senate floor for a vote.
Without a word of debate, reported the Tokepa Capital-Journal, the chamber voted 17-22 to reject Abrams' motion.
According to the Capital-Journal, Abrams, who could have probably seen a compromise bill passed by both chambers, said the state had an obligation to bring order to sexually oriented businesses that damage communities with inspiring criminal
behavior and creating other negative secondary effects.
AIM Medical Associates' executive director Sharon Mitchell has confirmed to AVN after much industry speculation
that the clinic has closed its doors.
Mitchell also acknowledged that the AIM database has been taken offline making it impossible for producers to check the status of performers' tests.
We are officially closed over financial hardship, Mitchell said. We had to close.
In the meantime, most performers working in the Greater Los Angeles area are now using Talent Testing Service, which also has a wholly owned subsidiary in Miami and works with a network of draw stations located around the country.
The recent move by Attorney General Eric Holder to shut down the Justice Department's Obscenity Prosecution Task Force set up during
the Bush administration has wound up nutter conservatives in Congress.
Right-wing activists and anti-porn supporters in government led by Utah Senator Orrin Hatch are claiming that Holder and the Obama administration are soft on porn and are calling for a new crackdown on hardcore material.
The Obama team stopped any new obscenity prosecutions when it took over but allowed ongoing cases to continue even though the task force was officially but quietly disbanded earlier this year.
The final blow for dissolving the unit likely came after last July's trial of John Stagliano when he was acquitted on all obscenity charges for lack of evidence. U.S. District Court Judge Richard Leon told the Washington Post at that time, I
hope the government will learn a lesson from its experience.
But the dissolution of the DOJ's porn police is causing a stir on Capitol Hill.
Hatch's resurrected fight against adult began earlier this month when he and 41 other senators including some democrats, sent a letter to Holder pushing for criminal cases against all major distributors of adult obscenity.
The government said it is not giving up the fight against porn but instead wants local U.S. attorneys and the Child Exploitation and Obscenity Section of the Criminal Division to handle porn cases.
The Child Exploitation and Obscenity Section took over obscenity cases in January but has a carryover pending case against producer Ira Isaacs scheduled for May 17 in Los Angeles. But the Feds said the unit's greater priority is now focusing on
child abuse issues.
It looks like a porn industry attorney is preparing to sue individuals using the PornWikileaks.com website for illegal
activity after that site exposed the health records of the hundreds of the Valley's adult performers, according to a statement from the Free Speech Coaltion.
Lawyer Corey Silverstein is actively looking for porn stars who have been damaged by the much-publicized leak.
FSC, the industry's lobbying arm, quotes Silverstein:
While I cannot discuss the specific nature of my clients' allegations and any action that is being prepared, it is important to note that this is not a simple free speech issue. The individuals running this website are
allegedly intentionally and knowingly jeopardizing the safety and privacy of adult performers all over the world while purposely defaming them in the process. The website repeatedly refers to adult performers as pornographic whores and Hookers
and even talks about specific adult performers degrading the whole family. My clients cannot comprehend why the individuals running this website would want to intentionally cause so much potential harm.
FSC executive director Diane Duke said:
Free Speech Coalition stands in opposition to the violations of performer privacy byPornWikileaks. This is not an issue of free speech; it is about violating the privacy of performers. It's about potential extortion and
exposing performers to potential harassment, stalking and other criminal activities.
Writing about the widely-reported story of a man who ran from a San Francisco porn shop engulfed in flames, AOL
crime journalist David Lohr penned the following headline: A Sign? Man Bursts Into Flames at San Francisco Sex Shop.
This is a quote from a local pastor who's tried for years to close down local sex shops?
Could this bizarre incident be attributed to a higher power? Pastor Roget Huang is asked. I believe so, answers Huang. I definitely believe so.
The police aren't ruling anything out, writes Lohr. The police lieutenant agrees. We don't know what caused it, says SFPD Lt. Troy Dangerfield. It's still under investigation.
The man (burnt by the flames of hell) remains in critical condition with first, second, and third-degree burns over 90% of his body.
A fire investigator is still looking into the case, reports Lohr: Oddly, authorities have found 'no damage to the inside of the building at all.'
I don't know if you believe in prayer, Huang tells AOL News, but ... the last seven years, every August, I go to every store and pray that it [will] be closed down. We have had seven or eight that have been closed down ever since.
Presumably Pastor Huang now appears on the suspects list.
A strip club sued Michigan Governor Rick Snyder in federal court over a new state law that bans adult businesses from
putting anything but words, numbers and a logo on signs and billboards.
Lawyers for the Penthouse Club in Detroit, argue the restrictions are unconstitutional and asked a judge to issue a temporary restraining order against enforcement of the regulations.
Adult businesses can be fined up to $10,000 for violations under the law that took effect last week.
The law only affects adult businesses and requires logos on billboards to be registered as federal trademarks, which have their own restrictions on sexually explicit material. Former Governor Jennifer Granholm signed the bills into law in
December, but they did not take effect until last week. Violators are subject to fines of $10,000 a day, and revenue from scofflaws would go into a fund for public libraries.
42 US senators have signed a letter to Attorney General Eric Holder calling on him to increase federal prosecutions of adult
The letter calls on the Department of Justice to vigorously enforce federal obscenity laws against major commercial distributors of hardcore adult pornography. It asks Holder to instruct the FBI and U.S. Attorneys to work together
to combat the growing scourge of obscenity in America.
The senators pointed to a briefing last June where they claimed 'experts' explained that today's hardcore pornography is typified by extreme violence against women, adding that pornography consumption can contribute to sexual harassment
and sexual violence.
Another 'expert' warned that Internet adult pornography normalizes sexual harm to children, while another addressed the growing connection between pornography and sex trafficking, they continued, before pointing to the identification of a
pornography addiction disorder.
We believe it is imperative that the Department, with cooperation by the FBI, investigate and prosecute all major producers and distributors of adult obscenity, they write. We need your leadership.
Senator Orrin Hatch, who signed the letter, has complained that the Justice Department has focused disproportionately on fringe fetish pornography instead of large-scale pornography producers.
As Politico's Josh Gerstein points out, winning cases against large-scale operators could be complicated since they could argue that their very success demonstrates that their products do not violate community standards.
The California Division of Occupational Safety and Health (Cal-OSHA) has fined Hustler Video $14,175 for failing to
use condoms in its productions.
According to the citation issued to Hustler Video and obtained by AVN, Cal-OSHA cites three violations, in which the video production company failed to provide condoms or other protective equipment for performers. Additionally the company
was cited for failure to provide an injury and illness prevention program, and for failing to provide protection against other potentially infectious materials. Hustler was fined $4,725 for each violation.
Also cited was Mark Zane's Forsaken Pictures, which was fined $12,150 for three violations. According to the complaint, it appears that Forsaken's fines were in connection to producing an adult movie for Hustler Video.
The inspection of the Hustler Video was prompted by a complaint from anti porn nutters of the AIDS Healthcare Foundation (AHF). And of course nutters are never satisified. AHF president Michael Weinstein said:
Something is better than nothing, but I don't know how long it takes Larry Flynt to make $14,000, Weinstein commented. I suspect it's not very long, so we would want to see something sterner. We would like to see an order
prohibiting use that shuts down Hustler productions, and of course, we want to see the city revoke the permits and we want to see the LA County Department of Health also step in and declare it a public health nuisance, but every little bit helps.
It's now established that it's against the law in California to produce [adult movies] without condoms and we're looking forward to actions by the Cal/OSHA Standards Board this year on regulations specific to the industry. We will continue to
lobby the city and the county to be more aggressive as well.