The Adult Industry Update comes to us courtesy of First Amendment attorney Larry Walters of FirstAmendment.com, keeping Webmasters up to date on the latest legal news that is impacting the adult entertainment industry.The Adult Industry Update comes to us courtesy of First Amendment attorney Larry Walters of FirstAmendment.com, keeping Webmasters up to date on the latest legal news that is impacting the adult entertainment industry. In the second part of this two-part Update, Walters talks about the latest from the Paris Hilton sex tape scandal, the legal battle with spam, and some various sex-related legal cases from around the country.

HILTON CO-OWNER OF SEX TAPE?

A February court hearing suggested that Paris Hilton not only debuted in her first adult film with ex-boyfriend Rick Solomon, but she also directed and shot the film. In response to a $10 million copyright infringement lawsuit filed by Solomon, Seattle-based Marvad Corp., which is owned by Solomon’s ex-roommate, argued that Hilton played a big role in the production and shooting of the film, she is the co-owner of the film’s copyright, and that Solomon’s failure to acknowledge her on the copyright registration renders the registration invalid. Solomon’s attorney stated, “When an actor appears in a motion picture and may help direct scenes…that doesn’t change ownership.”11 The Court has yet to decide this issue.

SPAM

In an unusual joint effort, some of the United States’ largest Internet Service Providers are teaming up to file lawsuits against hundreds of people who have been accused of violating the CAN-SPAM Act for sending millions of unwanted emails known as “spam.” Much like what the Recording Industry Association of America did to combat song swapping, Microsoft, America Online, Earthlink and Yahoo! targeted mostly “John Doe” defendants in the suit and plan on working together for future lawsuits.12

Since its commencement in January of this year, the Act has yet to meaningfully reduce the amount of spam being sent to users’ inboxes. According to Brightmail, a spam filtering company, the volume of spam has grown continuously since the Act took effect, with spam taking up as much as 60 percent of emails in January up from the 58 percent in December.13 Consequently, the Federal Trade Commission (“FTC”) has decided to post a Web forum at www.regulations.gov to gather public thoughts and input about the “war on spam.” The FTC is soliciting comments on modifications of the Act, its application, and whether the public feels like more regulations are necessary. The FTC also seeks public input on what other questionable online practices should be added to listings of “aggravated violations,” like e-mail harvesting and dictionary attacks.14

SEX NEWS

Acacia has done it again. Disney Enterprises, Inc., which owns ESPN, Disney, and ABC News, entered into a license agreement with Acacia Technologies Group for the Digital Media Transmission technology. Acacia has licensed more than 116 companies for its technology in all industries, including the online music, adult entertainment, movies, and news industries.15 Resolution of the Acacia digital media transfer technology issue is still pending in the courts. However, until the courts resolve the validity of the claims, Acacia will continue compelling users to license its technology.

In other news, Playboy Enterprises, Inc., entered into a multimedia venture with France-based men’s lifestyle publisher 1633SA to start an adult Web site featuring young men called Playboy.fr, which will be launched in March of this year. The venture also includes a deal for Playboy to supply content to cellular phones, which would allow users to download such things as wallpaper images and streaming video. Playboy currently operates many other international Web sites in Germany, Taiwan, Brazil and the Netherlands.16

Also, Harvard’s Committee on College Life approved a plan to distribute and publish its first edition of an adult-oriented, student-run magazine, which will be called the “H Bomb.” This magazine will be an official Harvard publication and distributed during its May commencement ceremonies. Although the magazine was approved by Harvard, it will not necessarily be funded by the college. The magazine will feature articles concerning sexual issues as well as naked pictures of Harvard undergraduates, with the stipulation that no naked pictures may be taken inside Harvard buildings. Now that is what you call a Harvard education!

ARRESTED FOR WHAT?

Elizabeth Book, 42, of Ormond Beach, Florida, planned a nationally publicized political protest for “decriminalizing the female breast” for the last day of Bike Week in Daytona Beach. She filed a federal lawsuit seeking an emergency restraining order against the City of Daytona to allow the protest to occur without arrests or harassment, but the federal court denied the request because it did not have enough time to hear from the City. The protest went on as planned, but Book was arrested during the protest when she bore her breasts, which violates Daytona’s public nudity ordinance that mandates a “full and opaque covering” of the nipple and areola is required, along with half of the outside surface of the breast below the areola.17 She will take her ordinance violation case to court, with the assistance of the author as defense counsel. Book faces a fine of $253 and the possibility of one year in jail.18 Book will fight for her First Amendment right to protest and said, “Do you think for one minute I would pay them? Never!”19

Also, a driver in New York was arrested for breaking New York state law prohibiting watching television while driving, as well as another law barring the display of sexually explicit material in a public place.20 The driver was arrested after cruising by police playing a DVD entitled Chocolate Foam, which was visible from his passenger-side sun visor and on screens located in the car’s headrests. Depending on a motorists’ location, he or she could face fines and even jail time for the display of X-rated images. Regarding the penalties involved, supporters of the state law believe, “Those restrictions would apply if the content is located in a vehicle. You have effectively moved beyond the privacy of your own home,” stated Jeff Matsuura, Director of the Law and Technology Program at the University of Dayton.21

11 Cory Kincaid, Hilton Called the Shots, Xbiz, Feb. 24, 2004, at http://xbiz.com/articles/index.php?article_idp=1136.

12 C. Cobbs, Microsoft, AOL Earthlink and Yahoo! Sued At Least 165 Suspected Spammers, Orlando Sentinel (March 11, 2004) at www.orlandosentinel.com.

13 C. Farrar, “Fraction” Of Spam Complies With CAN-SPAM: Report, AVN.com (Feb. 11, 2004), at http://www.avn.com/index.php?Primary_Navigation=Articles&Action=Print_Article&Con.

14 C. Farrar, FTC Seeking Commment on Spam Reg, Definitions, AVN.com (March 11, 2004), http://www.avn.com/index.php?Primary_Navigation=Articles&Action=Print_Article&Content_ID=76889.

15 Brandon Shalton, Disney Gets Goofy, Fightthepatent.com, Feb. 26, 2004, at http://www.fightthepatent.com/v2/ Disney.html.

16 Cory Kincaid, Playboy Unveils Wireless Plan, Xbiz, (Feb. 20, 2004), at http://xbiz.com/articles/print.php?article_idp =1116.

17 Mike Schneider, Women Sue to March Topless During Daytona Beach Protest, Orlando Sentinel, Mar. 5, 2004, at http://www.sun-sentinel.com/news/local/florida/sfl-0305topless,0,6372207.story?coll=sfla-news-florida.

18 Henry Frederick, Experts Disagree About Topless Protest’s Effect, Daytona Beach Journal, Mar. 10, 2004, at http://www.news-journalonline.com/newsjournalonline/news/headlines/03newshead03031004.htm.

19 Id.

20 CNN, XXX-DVDs A New Hazard For Drivers, CNN.com (March 10, 2004) at http://www.cnn.com/2004/US/03/10/drive.by.porn.ap/index.html.

21 Id.

Lawrence G. Walters, Esquire is a partner with the law firm of Weston, Garrou & DeWitt, with offices in Orlando, Los Angeles and San Diego. Mr. Walters represents clients involved in all aspects of adult media. The firm handles First Amendment cases nationwide, and has been involved in much of the significant Free Speech litigation before the United States Supreme Court over the last 40 years. All statements made in the above article are matters of opinion only, and should not be considered legal advice. Please consult your own attorney on specific legal matters. You can reach Lawrence Walters at Larry@LawrenceWalters.com, www.FirstAmendment.com or AOL Screen Name: “Webattorney.”

The Adult Industry Update comes to us courtesy of First Amendment attorney Larry Walters of FirstAmendment.com, keeping Webmasters up to date on the latest legal news that is impacting the adult entertainment industry.The Adult Industry Update comes to us courtesy of First Amendment attorney Larry Walters of FirstAmendment.com, keeping Webmasters up to date on the latest legal news that is impacting the adult entertainment industry. In the second part of this two-part Update, Walters talks about the latest from the Paris Hilton sex tape scandal, the legal battle with spam, and some various sex-related legal cases from around the country.

HILTON CO-OWNER OF SEX TAPE?

A February court hearing suggested that Paris Hilton not only debuted in her first adult film with ex-boyfriend Rick Solomon, but she also directed and shot the film. In response to a $10 million copyright infringement lawsuit filed by Solomon, Seattle-based Marvad Corp., which is owned by Solomon’s ex-roommate, argued that Hilton played a big role in the production and shooting of the film, she is the co-owner of the film’s copyright, and that Solomon’s failure to acknowledge her on the copyright registration renders the registration invalid. Solomon’s attorney stated, “When an actor appears in a motion picture and may help direct scenes…that doesn’t change ownership.”11 The Court has yet to decide this issue.

SPAM

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