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Old 07-03-2011, 03:29 PM   #51
InfoGuy
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Originally Posted by Barry-xlovecam View Post
Decide which domains are worth the expense of trademark I guess ... If some domains are not worth protecting with trademark and paying the $200 bribe err protection money err fee to ICM to exclude them from .xxx take your chances ...
Many adult themed domains CAN'T be protected by U.S. trademark due to this provision in trademark law.

Title 15 § 1052. Trademarks registrable on principal register; concurrent registration
Quote:
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it?
(a) Consists of or comprises immoral, deceptive, or scandalous matter;
Anyone with an online business in adult entertainment should view ICM Registry / .XXX as a serious threat to the future of their online business. If it doesn't affect you directly, it will negatively affect those with whom you do business and then you. That includes everyone from production companies, affiliate programs, webmasters, talent, content providers, traffic brokers, payment processors, web hosting companies, web designers, etc.

Contrary to the lies from ICM Registry, they don't have the industry's support. We don't need them and we don't want .XXX. We don't want them pushing government legislation to force online adult businesses onto .XXX websites. More rules and regulations, especially those influenced by an outside entity like ICM Registry, can only mean bad news.

Don't buy .XXX domains. By doing so, you only give ICM Registry more money which will eventually be used against you.

Boycott .XXX and pass the message along. If the industry doesn't buy .XXX, it will deter speculators from buying .XXX. Domain speculators will only buy domains with the hopes of reselling them for a profit.
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Old 07-03-2011, 07:02 PM   #52
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the .xxx people claim to represent us as an industry. its just not true. when they are not honest about the basic facts, imagine what else they are lying and scamming about.
Yup...

https://gfy.com/showthread.php?t=1028404
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Old 07-03-2011, 08:27 PM   #53
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No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—
(a) Consists of or comprises immoral, deceptive, or scandalous matter;
Cite one example of a trademark in the United States denied to a legal adult content provider in the last 20 years based on it being an "immoral or scandalous" enterprise please ...

Unless proven obscene, adult speech is constitutionally protected speech the same constitutional protections would allow for trademark.


Reality is .xxx has been approved and most likely withstand any court challenge. It is unfortunate it was approved. Our domains are trademarked and we will commence a WIPO domain dispute resolution arbitration against any cybersquater as we have done successfully in the past See AC Webconnecting B.V. of Rotterdam, The Netherlands v, SC VIRTUAL MEDIA SRL of Roman, Neamt, Romania. Case No. DRO2010-0001. But I fully understand the issues this whole thing raises for smaller stake players, including our own affiliates.

In many cases it may be cheaper to pay the annual shake down money to register your name with ICM just so it can be excluded — cost of trademark v. cost of shakedown registration fee / years expected to operate and of course the annual value of the domain name. Sad reality, but we have faced the same challenge with the other TLDs to date.

And I would like to see the first organization with a realistic court challenge to the .xxx sTLD. I would be happy to make a modest personal donation to that ...

Last edited by Barry-xlovecam; 07-03-2011 at 08:32 PM..
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Old 07-04-2011, 12:14 AM   #54
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Cite one example of a trademark in the United States denied to a legal adult content provider in the last 20 years based on it being an "immoral or scandalous" enterprise please ...

Unless proven obscene, adult speech is constitutionally protected speech the same constitutional protections would allow for trademark.


Reality is .xxx has been approved and most likely withstand any court challenge. It is unfortunate it was approved. Our domains are trademarked and we will commence a WIPO domain dispute resolution arbitration against any cybersquater as we have done successfully in the past See AC Webconnecting B.V. of Rotterdam, The Netherlands v, SC VIRTUAL MEDIA SRL of Roman, Neamt, Romania. Case No. DRO2010-0001. But I fully understand the issues this whole thing raises for smaller stake players, including our own affiliates.

In many cases it may be cheaper to pay the annual shake down money to register your name with ICM just so it can be excluded ? cost of trademark v. cost of shakedown registration fee / years expected to operate and of course the annual value of the domain name. Sad reality, but we have faced the same challenge with the other TLDs to date.

And I would like to see the first organization with a realistic court challenge to the .xxx sTLD. I would be happy to make a modest personal donation to that ...
US Patent & Trademark Office - Trademark Electronic Search System (TESS)

Click on the link for Basic Word Mark Search (New User). I'd include a link, but it's dynamic and changes with each session. Try some obvious adult themed terms - fuck, shit, cunt, asshole, douchebag, etc.

Interesting, up until last year, the USPTO has denied all registrations for "fuck" and "shit". There are now 10 trademark registrations listed for "fuck" and 5 for "shit", albeit without registration numbers.

Despite potential problems getting a U.S. trademark, it may be possible to protect one's intellectual property in adult entertainment with a non-U.S. trademark. UDRP only requires trademark status. It doesn't require it from a certain geographical region. However, filing a UDRP against a defendant in the US may be weakened if claiming non-U.S. trademark rights. I'm not a lawyer, so if you need trademark advice, ask a qualified lawyer.

If or when ICM Registry tries to force businesses to use .XXX, I'm sure there will be legal battles.
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Old 07-04-2011, 12:36 AM   #55
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I love it when Paul goes all quiet after making a spaztastic statement.
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Old 07-04-2011, 01:29 AM   #56
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I love it when Paul goes all quiet after making a spaztastic statement.
I love it when Damian says stupid things. Must be why I'm happy all the time. But when I see your Plan B, I'm ecstatic.

Go do some magic work. www.damianjennings.com Please note the Pussy Cash pass around his neck. "I perform elegant close up magic that your guests will remember."

This is the real world worse case scenario, which I don't expect to happen but planning for.

If they decide to put all online porn onto .xxx domains.

The last people they will consult with are the online pornographers to ask if they like the idea.

Those who can't afford to buy a .xxx domain can go work in another industry. Don't expect anyone to really care about you. It's business, the herd is being culled.

If it leads to the the end of all online porn this will be the biggest boost to porn ever. Those who now get their porn for free will have to pay for it, the odds on people swapping their copies of teens anal gay gang bangers movies are slim to none. This will lead to more money in porn, more people buying porn and a very big porn industry. People won't just stop consuming porn, they have developed a taste for it. The casual buyer might, the numbers who will switch to buying are mind boggling.

The opportunities for good people in online porn to switch their operations to offline porn will be immense. The earnings will start to climb steadily. The threat of free porn will diminish with the demise of free online porn.

Yes a lot will not be able to cut it, however the way this industry is going if you don't have a plan B, like Damian with his magic act, then you're probably fucked anyway.

No epitome, .xxx will not stop CP or any illegal porn. The present laws don't and future ones won't. CP existed before the Internet and will exist afterwards.

Yes Herd, people will challenge this in court and take it to the Supreme Courts of their lands. AFTER the law is passed. Which makes your examples void.

Personally I think nothing will happen, .xxx will sink into the background and not be the threat you guys imagine. The next step up is it becomes mandatory and expensive. Cost of doing business. I can afford it, those who can't, make sure the door doesn't hit you on your way out. If it takes porn offline, then it will be the biggest boost to porn ever.

Make your plans like businessmen and be aware.

As for living and working in fear of being shut down or dragged into the local police station. you guys are pussies IMO. For over 20 years I lived and worked in porn in the fear that I would get a visit from the police bearing search warrants, it happened a few times. And I was dragged to the courts on 2 occasions. Once for sending porn through the post and once for a non BBFC license thing.

I lived and worked with it and made sure I had a plan B. I didn't bleat about something I had no say in. You shouldn't either. If pornographers did have a say in this, the big boys would be all over it.
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Old 07-04-2011, 02:58 AM   #57
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the lack of understanding of history, economics and even basic common sense in Paul Markham's posts is becoming more and more disturbing..
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Old 07-04-2011, 03:36 AM   #58
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If they decide to put all online porn onto .xxx domains.

The last people they will consult with are the online pornographers to ask if they like the idea.

Those who can't afford to buy a .xxx domain can go work in another industry. Don't expect anyone to really care about you. It's business, the herd is being culled.

If it leads to the the end of all online porn this will be the biggest boost to porn ever. Those who now get their porn for free will have to pay for it, the odds on people swapping their copies of teens anal gay gang bangers movies are slim to none. This will lead to more money in porn, more people buying porn and a very big porn industry. People won't just stop consuming porn, they have developed a taste for it. The casual buyer might, the numbers who will switch to buying are mind boggling.

The opportunities for good people in online porn to switch their operations to offline porn will be immense. The earnings will start to climb steadily. The threat
of free porn will diminish with the demise of free online porn.
You must have been living in a cave for at least the last 10 years. All online porn and free porn is not going away. .XXX is only going to hurt legitimate online businesses. Those who operate beyond the scope of the law are going to do whatever they want regardless of the law. Just like 2257 doesn't stop CP, .XXX won't stop illegal sharing. Pirates will just move their operations to a neutral jurisdiction and continue to rip content and share files through torrents, tubes and the method du jour. You are highly delusional if you think that this evil curse called .XXX is a blessing that will restore prosperity to the porn industry.

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Yes Herd, people will challenge this in court and take it to the Supreme Courts of their lands. AFTER the law is passed. Which makes your examples void.
Stupid laws can be repealed, just like Prohibition.

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Originally Posted by Paul Markham View Post
Personally I think nothing will happen, .xxx will sink into the background and not be the threat you guys imagine. The next step up is it becomes mandatory and expensive. Cost of doing business. I can afford it, those who can't, make sure the door doesn't hit you on your way out. If it takes porn offline, then it will be the biggest boost to porn ever.
I was joking in another thread about the imminent end of online porn and things coming full circle to print publications. However, you seem to be stuck in the past, reliving your memories from 40 years ago.

Don't be so naive and simpleminded. How do you know you're going to make money? What if ICM Registry decides to introduce tiered pricing based on the success of your webiste? Let's see, your site has 10 million uniques this year, so your renewal cost is going to be $1 million. A competitor with 5 million uniques this year is going to have to pay annual renewal fees of $1/2 million. As your business grows, ICM Registry grows like a parasite, always wanting more to fill their insatiable appetite. Are you OK with that scenario? Are you sure you can afford it or even WANT to pay it? The problem is not just ICM Registry operating .XXX. The danger is they lied in their claims to represent the industry and they want to create rules and regulations for us through IFFOR.
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Old 07-04-2011, 05:18 AM   #59
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Originally Posted by InfoGuy
"Try some obvious adult themed terms - fuck, shit, cunt, asshole, douchebag" these are obscenities and insults and not adult terms ...

In fact, registrars can refuse to accept names that contain obscenities, cusswords or what is considered racial or religious slurs.

I meant more in line with a business trade name.

Maybe "gofuckyourself" might have difficulty obtaining a trademark because the expression is also an insult with an obscenity in it.

99%+ of registrants would have no problem.

I would imagine many states might refuse to incorporate "gofuckyourself.com" for the same reasons.

But even if you choose to do business with a name that is less than "politically correct" ? if that name is of so much value to you pay ICM off and defensively register the name. So what if it may cost you $100 a year or so. A waste of good money, I agree, but a necessity that ICANN has imposed upon you.

If you tried to start a WIPO action on the abusive registration of "fuckyouintheasshole.xxx" they would laugh you out of court.
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Old 07-04-2011, 06:17 AM   #60
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In fact, registrars can refuse to accept names that contain obscenities, cusswords or what is considered racial or religious slurs.
Yes, I'm aware of this. Neustar prohibits .us ccTLD domains from containing George Carlin's 7 dirty words - shit, piss, fuck, cunt, cocksucker, motherfucker & tits.

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I meant more in line with a business trade name.

Maybe "gofuckyourself" might have difficulty obtaining a trademark because the expression is also an insult with an obscenity in it.

99%+ of registrants would have no problem.

I would imagine many states might refuse to incorporate "gofuckyourself.com" for the same reasons.

But even if you choose to do business with a name that is less than "politically correct" ? if that name is of so much value to you pay ICM off and defensively register the name. So what if it may cost you $100 a year or so. A waste of good money, I agree, but a necessity that ICANN has imposed upon you.
I would agree that most adult entertainment company names will probably not have an issue with obtaining a trademark. However, adult entertainment companies use many brands that will likely encounter trademark registration problems. If someone's adult brands include tits, pussy, cock, dick, cum, ass, etc, they'll probably be shot down. I didn't include those terms in my post above because some of these words have multiple definitions, including those can also apply to mainstream or can form parts of non-adult words.

If a company has hundreds of brands, protecting those brands is no longer a few hundred dollars, but an amount well into 5-figures. If a company needs to renew those year after year, one could be looking at hundreds of thousands of dollars. Who needs .XXX when there are plenty of other alternative TLDs with less restrictions and a much better cost structure?

Last edited by InfoGuy; 07-04-2011 at 06:19 AM..
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Old 07-04-2011, 07:21 AM   #61
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Of course, there is no need for .xxx However, few companies have 100's of brands (Jonson&Johnson?) Say what you mean — hundreds of SEO names with keywords ... If they contain Carlin's 7 words their revenues are at risk. Panda or some future search algorithm puts these sort of SEO names at risk too.

surprisingly;
Code:
Domain Name: CUNT.COM
   Registrar: GODADDY.COM, INC.
   Whois Server: whois.godaddy.com
   Referral URL: http://registrar.godaddy.com
   Name Server: NS1.ABOVE.COM
   Name Server: NS2.ABOVE.COM
   Status: clientDeleteProhibited
   Status: clientRenewProhibited
   Status: clientTransferProhibited
   Status: clientUpdateProhibited
   Updated Date: 02-jul-2011
   Creation Date: 09-feb-2001
   Expiration Date: 02-jul-2021

   Domain Name: TWAT.COM
   Registrar: NETWORK SOLUTIONS, LLC.
   Whois Server: whois.networksolutions.com
   Referral URL: http://www.networksolutions.com
   Name Server: TRAFFICDNS1.DDC.COM
   Name Server: TRAFFICDNS2.DDC.COM
   Name Server: TRAFFICDNS3.DDC.COM
   Name Server: TRAFFICDNS4.DDC.COM
   Status: clientTransferProhibited
   Updated Date: 11-apr-2011
   Creation Date: 07-dec-1995
   Expiration Date: 06-dec-2011
I suppose that these names might not be granted a trademark in the USA. However, I would think that paying the $100 a year to ICM in defensive registration would be a wise choice. Of course, if they had some legal angle and the money to sue ICM ...

Bottom line, this is a done deal unless someone is able to overturn it with some court order. Unifying the industry to just boycott .xxx and ICM is an option that will probably not work. Personally I have no intention of paying ICM anything. As I indicated before we will commence a WIPO action in any abusive registration of ACWebconnecting trademarked names.
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Old 07-04-2011, 07:33 AM   #62
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Most S&P 500 companies have hundreds, if not thousands of trademarks. This is especially true with multi-nationals, which have brands and trademarks in many different languages. With respect to adult entertainment, I was just thinking of studios with DVD titles and affiliate networks with paysites, having many brands that need to be protected.

Last edited by InfoGuy; 07-04-2011 at 07:34 AM..
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Old 07-04-2011, 11:49 AM   #63
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Most S&P 500 companies have hundreds, if not thousands of trademarks. This is especially true with multi-nationals, which have brands and trademarks in many different languages. With respect to adult entertainment, I was just thinking of studios with DVD titles and affiliate networks with paysites, having many brands that need to be protected.
Cost of doing business.

I would lessen the domains if it is a problem or don't pay the protective registration.

Short of a successful court case, this is what it is.
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Old 07-04-2011, 02:28 PM   #64
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Yes Herd, people will challenge this in court and take it to the Supreme Courts of their lands. AFTER the law is passed. Which makes your examples void.

The opportunities for good people in online porn to switch their operations to offline porn will be immense. The earnings will start to climb steadily.
The only Supreme Court decision that maters when dealing with pornography is the United States court. As we are the biggest consumers of this product, along with our court ruling regarding the use of this material sets the trend for most other nations to follow. And for the United States Congress to finally legitimize pornography, along with giving total distribution rights of all porn on the internet, to only one entire company, with no competition is insane.

Most of the US's public also considers porn the most vile, disgusting, disturbing semi legal business that wishes its production was discontinued. And anyone that says the public doesnt care about this issue is full of it. Because soon legitimate civilians are going to start realizing that their going to have to pay protection money to a pornographer (ICM)! Shaking down us porners (its bullshit) but to be extorting big money from regular people is going to be .XXX's downfall. What is ICM thinking???

And whats with all the talk about going back to brick and mortar stores for their porn? Newsflash, physical media is dead. Its never coming back. ESPECIALLY FOR PORN.
Anyone that rebuttals otherwise needs to get out of the business now, find a new job, move on, and be thankful for the good run they had a long, long time ago.
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Old 07-04-2011, 04:53 PM   #65
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"[I]f it leads to the the end of all online porn this will be the biggest boost to porn ever. ...
Paul, your predictions of the fall-back to 1980 are not going to happen ? the Internet is not going away. Wake up and smell the coffee ...
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The only Supreme Court decision that maters when dealing with pornography is the United States court. As we are the biggest consumers of this product, along with our court ruling regarding the use of this material sets the trend for most other nations to follow.
That is just xenophobic. The EU Courts have great influence now. Personally, although I claim USA citizenship, the US only accounts for less that 30% of my income today. I am constantly surprised by the maybe 15% to 20% of my income that is from what we Americans would consider developing nations in the 2nd and 3rd world.

Things have changed, the Internet has internationalized business beyond what I ever expected. And this has to do with my statements above ? offline porn, and for that matter ? a good part of offline print media has declined in the face of the digital age.

People read the local and international news media now online. Major Banks, Securities Brokers and Insurers are now offering their services online in the digital world.

There will always be a place for the brick and mortar locations but more of their functions will become digitalized and offered on the Internet.
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[A]nd for the United States Congress to finally legitimize pornography ...
News flash; porn in the USA was constitutionally protected in the 1970s, see Miller v. California 413 U.S. 15 (1973). The U.S. Congress will not ever elevate Porn to legitimacy of its own "home" (or Domain) on that we are in agreement.

So really the question is, is ICM just a roadshow carny that will pass or to become a tool of governments? The cost of the domains is more than most but really, If you can't afford $100.00 a year to lease a business name for a domain that you own then chance the cybersquatting of the name or just get rid of and consolidate some of your digital properties.

Hell, I was thinking of buying a keyword .cc domain ? the price was $49.99/year! Cheapest registrar I found was $19.99 ... I just said screw it ? use that keyword in subdomains or URLs ? there is your low cost alternative.
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Old 07-04-2011, 06:54 PM   #66
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[INDENT] That is just xenophobic. The EU Courts have great influence now.
[INDENT]News flash; porn in the USA was constitutionally protected in the 1970s, see Miller v. California 413 U.S. 15 (1973).
If EU has such great influence then why did .XXX get passed in the first place? European Commissioner for the Digital Agenda Neelie Kroes was so outraged it passed, she flew all the way over here to the states to try to get ICANN to stop the launch of it. We all know how that went.

As for porn being protected, refer back to my previous post honoring our past pornographers like Flynt, who fought censorship and paved the way for all of us to produce this medium known as porn in the United States. That said, Congress never legitimized pornography. The courts ruled that local states, cities and counties can prosecute obscene material that violate community standards. Prosecution's been happening for over 30 years and continues to happen.

Rob Black, Lizzy Borden and Max Hardcore all went to jail not too long for producing pornography that was ruled obscene. Fucking jail for making movies! Along with John Buttman Stagliano that spent millions to fight his obscenity case last summer.

By allowing the US Govt that despises the porno business, to legitimize it and give absolute power to one company, free from future prosectutions, doesnt make sense. Cant see majority of United States Congress voting in favor of this.

And with the pro .XXX lobby, that are trying to get us to believe, that .XXX is a safe insurance policy, and in our best interest to buy these domains, are just trying to mind fuck us into supporting our own demise.

Naw, think its just best to pass on .XXX altogether.
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Old 07-04-2011, 07:21 PM   #67
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And with the pro .XXX lobby, that are trying to get us to believe, that .XXX is a safe insurance policy, and in our best interest to buy these domains, are just trying to mind fuck us into supporting our own demise.

Naw, think its just best to pass on .XXX altogether.
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Old 07-04-2011, 09:49 PM   #68
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With the insider deals for the top domains, would you trust the .XXX search engine to be unbiased?

Just wondering......
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Old 07-04-2011, 10:08 PM   #69
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[R]ob Black, Lizzy Borden and Max Hardcore all went to jail not too long for producing pornography that was ruled obscene. ...
They pushed the limits and were convicted in very conservative federal districts (western Pennsylvania and central Florida, respectively). The Miller ruling is hardly "contemporary" but until the "larger community" of the internet population is considered relevant these cases will be brought in the most conservative federal districts.

No person in politics is going to come out in favor of porn. The best that can be hoped for is a non-position on porn.

However, .xxx is really a monster of our industry's own making. We continue to make a more "interesting product" that in many cases angers the non-porn consuming public, causing out-lashes that can be taken advantage by people like Stewart Lawley and ICM. ICM is no friend to this industry no matter how they try to paint the picture.
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Old 07-06-2011, 08:39 AM   #70
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