Does Server Location Matter ?

[Toby]

Originally Posted by twintone

While pornography by itself is not illegal, it can be prosecuted as obscenity if it fits the definition laid out by the Supreme Court more than 30 years ago. Under that ruling, Miller v. California, a work may be deemed obscene if, taken as a whole, it lacks artistic, literary or scientific merit, depicts certain conduct in a patently offensive manner, and violates contemporary community standards.

I think most of us here are very aware of the Miller Test. It really doesn't define obscenity, rather it defines a set of criteria for a jury to use to determine if something is obscene.

One problem lies in the the concept of community standards. Prosecutors have been taking advantage of localized community standards to persue cases where the true applicable community is the entire Internet.

Another problem is that you don't know for sure you're in violation of the law until you're convicted.

Max knew he was on the Feds radar, yet he still continued to push the limits, so he had to know they'd keep coming after him. I think the conviction will get overturned on appeal, but I can't say that Max didn't get what he had coming to him.

[gonzo]

Originally Posted by Toby

I think most of us here are very aware of the Miller Test. It really doesn't define obscenity, rather it defines a set of criteria for a jury to use to determine if something is obscene.

One problem lies in the the concept of community standards. Prosecutors have been taking advantage of localized community standards to persue cases where the true applicable community is the entire Internet.

Another problem is that you don't know for sure you're in violation of the law until you're convicted.

Max knew he was on the Feds radar, yet he still continued to push the limits, so he had to know they'd keep coming after him. I think the conviction will get overturned on appeal, but I can't say that Max didn't get what he had coming to him.

Kayden makes a good post on Mike Souths blog.
I dont see the industry rallying around Max though. He has shown no regard for the rest of us or the impact a case like this could potentially have on all of us.

Toby youve seen firsthand how Max has no regard for anybody or anything. Every year he has that tall chick crawl down the water sculpture in hotel lobby.

Im sure that it will be overturned in appeals but then who knows for sure. One thing is for certain. Max didnt mail those videos. Its a reach just as 3rd party custodian of record for 2257 requirements were in the past.

But after all Max makes a perfect canary in the coal mine.