sarettah
08-22-2003, 10:32 AM
Ok, the article talks about an age verifier script to "SAVE" the avs part of the adult net. The article states that the developer of the script (a lwayer) believes that it will stand up in court etc etc and that it is patentable.
Basically the script warns of perjury and requires the user to enter their birthdate to prove thay are over 18.
First of all, this is really no stronger than the warning pages now in common use on free sites.... and it has not yet been proven or disproven whether a warning page's language would stand up in court. Further, across the past couple of decades of "Your not responsible for what you do" type legal decisions, it is been the pattern to put the burden of proof on the person accepting the "proof of age" (ie liquor stores prosecuted for accepting false ids, etc). How would the mere fact that someone has to enter an age and say "it's the truth" stop a prosecution. Kids are very aware that until they are over 18 that they will not be held responsible for their actions. So, they will continue to lie on the net. Would having a record of what age they entered into a script protect a site owner... I don't think so.
Now, patenting it..... lololol.... Scripts such as this have been around for a long time. I first saw one of these on the miller beer site several years back. ( Miller Brewing age verification (http://www.millerbrewing.com/agecheck.asp?redirect=http%3A%2F%2Fwww%2Emillerbre wing%2Ecom%2Fdefault%2Easp) ). Can he copyright his wording ? possibly... But patent the script ?? I dont think so... He also states "This may sound like a commonsense solution, but Walters pointed out quickly that most patented ideas are very obvious but haven't put together yet."....
Well... it has been put together already...
It will not stop underage access (which is what the laws they are trying to get through requires... read em... burden is on the site owner, not the surfer)
It is just a rehash of what we are doing... basically, a fancy ass warning page.....
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http://www.avn.com/index.php?Primary_Navig...ontent_ID=36737 (http://www.avn.com/index.php?Primary_Navigation=Articles&action=View_Article&Content_ID=36737)
ALTAMONTE SPRINGS, Fla. - With credit card companies pulling away from allowing age verification services to use credit cards for the stated purpose, the adult Internet is looking for workable alternatives. And First Amendment attorney Lawrence G. Walters believes he's developed one himself – a script by which a prospective adult surfer verifies his age by way of his own birthdate, under penalty of perjury, and based on suggestions found in federal law.
"Obviously, AVSs can no longer use (credit) cards for age verification," Walters said in a telephone interview of his in-testing project, with a working name of Birthday Verifier, "so they're required to eliminate AVS verification, but this provides the solution. They can go back to advertising age verification, and just use the card to verify the transaction. And it could save the AVS industry, and it gives the credit card industry something to point to."
Last edited by sarettah at Aug 22 2003, 09:43 AM
Basically the script warns of perjury and requires the user to enter their birthdate to prove thay are over 18.
First of all, this is really no stronger than the warning pages now in common use on free sites.... and it has not yet been proven or disproven whether a warning page's language would stand up in court. Further, across the past couple of decades of "Your not responsible for what you do" type legal decisions, it is been the pattern to put the burden of proof on the person accepting the "proof of age" (ie liquor stores prosecuted for accepting false ids, etc). How would the mere fact that someone has to enter an age and say "it's the truth" stop a prosecution. Kids are very aware that until they are over 18 that they will not be held responsible for their actions. So, they will continue to lie on the net. Would having a record of what age they entered into a script protect a site owner... I don't think so.
Now, patenting it..... lololol.... Scripts such as this have been around for a long time. I first saw one of these on the miller beer site several years back. ( Miller Brewing age verification (http://www.millerbrewing.com/agecheck.asp?redirect=http%3A%2F%2Fwww%2Emillerbre wing%2Ecom%2Fdefault%2Easp) ). Can he copyright his wording ? possibly... But patent the script ?? I dont think so... He also states "This may sound like a commonsense solution, but Walters pointed out quickly that most patented ideas are very obvious but haven't put together yet."....
Well... it has been put together already...
It will not stop underage access (which is what the laws they are trying to get through requires... read em... burden is on the site owner, not the surfer)
It is just a rehash of what we are doing... basically, a fancy ass warning page.....
************************************************** **
http://www.avn.com/index.php?Primary_Navig...ontent_ID=36737 (http://www.avn.com/index.php?Primary_Navigation=Articles&action=View_Article&Content_ID=36737)
ALTAMONTE SPRINGS, Fla. - With credit card companies pulling away from allowing age verification services to use credit cards for the stated purpose, the adult Internet is looking for workable alternatives. And First Amendment attorney Lawrence G. Walters believes he's developed one himself – a script by which a prospective adult surfer verifies his age by way of his own birthdate, under penalty of perjury, and based on suggestions found in federal law.
"Obviously, AVSs can no longer use (credit) cards for age verification," Walters said in a telephone interview of his in-testing project, with a working name of Birthday Verifier, "so they're required to eliminate AVS verification, but this provides the solution. They can go back to advertising age verification, and just use the card to verify the transaction. And it could save the AVS industry, and it gives the credit card industry something to point to."
Last edited by sarettah at Aug 22 2003, 09:43 AM