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Old 02-14-2013, 09:29 AM   #101
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They do good work, too bad for him... probably will get out with nothing more then Drug Court. Hope he cleans up his shit.
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Old 02-14-2013, 11:11 AM   #102
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Robbie, in your world, yes pretty common but when the regular folks of the upperclass of SFO reads this at their breakfast table, they do not share your opinion...
and consider the content they produce is likely to get "tested" against community standards of obscenity. that alone should be enough motivation to stay clear of any and all LE interest or scrutiny...
1st off, my "world" is pretty normal. I live in a very expensive gated community with doctors, lawyers, owners of companies, etc.

2nd off...nobody in my "world" owns a giant 2 city block wide national historical fort. lol

3rd: San Francisco WAS pretty liberal about things. Not as hung up sexually as the rest of the U.S. is.

4th: Even with all that...I'm not sure how the heck Kink gets away with shooting the stuff they do. I don't find anything offensive about it at all and think it's super hot. But in our backwards society (that seems to devolve more everyday towards Puritanical times), anything but the most vanilla of sex is deemed "bad".

5th: Today in my "world"...I got up at 6 a.m. took my daughter to school with the little valentine cupcakes she made for her class. Came home, ate my oatmeal for breakfast. Fed my fish in my aquarium. Petted my dog and threw the ball to her a couple of times. Came out here to the office and read this. Next up is drive to the bank to pay my mortgage. Do some more work. Grab some lunch. Then some band practice (have a gig here in town next Friday). More work. Then I'm taking the family to dinner and a movie at the end of the day to celebrate stupid Valentines day .

Life is so exciting. lol
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Old 02-14-2013, 12:32 PM   #103
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1st off, my "world" is pretty normal. I live in a very expensive gated community with doctors, lawyers, owners of companies, etc.

2nd off...nobody in my "world" owns a giant 2 city block wide national historical fort. lol

3rd: San Francisco WAS pretty liberal about things. Not as hung up sexually as the rest of the U.S. is.

4th: Even with all that...I'm not sure how the heck Kink gets away with shooting the stuff they do. I don't find anything offensive about it at all and think it's super hot. But in our backwards society (that seems to devolve more everyday towards Puritanical times), anything but the most vanilla of sex is deemed "bad".

5th: Today in my "world"...I got up at 6 a.m. took my daughter to school with the little valentine cupcakes she made for her class. Came home, ate my oatmeal for breakfast. Fed my fish in my aquarium. Petted my dog and threw the ball to her a couple of times. Came out here to the office and read this. Next up is drive to the bank to pay my mortgage. Do some more work. Grab some lunch. Then some band practice (have a gig here in town next Friday). More work. Then I'm taking the family to dinner and a movie at the end of the day to celebrate stupid Valentines day .

Life is so exciting. lol
i thought you lived this rockstar lifestyle partying hard..
but you still know what i meant. kink content has an appearance of being extremely hard core, you and I are "hardened" by this industry and our views are not those of regular peeps.
real pornographers are hard core, they know what they produce is borderline, they have balls because they also know sooner or later someone is gonna come after them but they are willing to take that risk.
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Old 02-14-2013, 12:38 PM   #104
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i thought you lived this rockstar lifestyle partying hard.
I do...every 6th Friday night or so. lol

I USED to live a great life. Now I'm just another boring "average" guy who gets out once in a blue moon.

As that stupid song says: "I ain't as good as I once was, but I'm as good once as I ever was"
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Old 02-14-2013, 12:56 PM   #105
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kink content has an appearance of being extremely hard core, you and I are "hardened" by this industry and our views are not those of regular peeps.
Depending on the community and how the legal argument is handled, you might be surprised by the conclusions that "regular peeps" come to with respect to BDSM porn. Check out the case U.S. v. Marcus some time (AKA "the slavespace.com case") and you'll see what I mean.

In that case, the defendant (Glenn Marcus) ran a site that featured some particularly brutal BDSM depictions, including things like:

Quote:
[B]anging her head against a basement ceiling beam, tying her hands and ankles to the beam, beating her and whipping her while she was hanging from the beam, drugging her with Valium, and inserting a large surgical needle through her tongue.
And:

Quote:
Marcus tied Jodi's hands together with rope, made Jodi lie down on a coffee table, and told Jodi he was going to put a safety pin through her labia. Because she began to scream and cry, Marcus put a washcloth in Jodi's mouth and whipped her with a kitchen knife in an unsuccessful attempt to force her to stop crying. Marcus proceeded to put the safety pin through Jodi's labia and attached a padlock to it, closing her vagina.
While the jury convicted Marcus of violating sex trafficking and labor laws (in what was considered a pretty novel application of those laws), it actually acquitted him on the obscenity charges, even after being exposed to the most severe and explicit depictions the site had to offer.

Granted, the fact that he was going to serve significant time on the labor and sex trafficking charges might have helped some, because it gave the jury the option of acquitting on the obscenity charges without setting the man free entirely, but it's still a hell of a precedent to be staring at if you're a prosecutor considering bringing obscenity charges against a BDSM producer in a community as metropolitan and porn-tolerant as NYC -- and San Fran might not be that different from NYC in terms of having a large local BDSM scene.

I don't mean to suggest that Kink could never be convicted on obscenity charges, just that it might not be as much of a slam dunk for the prosecution as people think.
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Old 02-14-2013, 04:19 PM   #106
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Depending on the community and how the legal argument is handled, you might be surprised by the conclusions that "regular peeps" come to with respect to BDSM porn. Check out the case U.S. v. Marcus some time (AKA "the slavespace.com case") and you'll see what I mean.

In that case, the defendant (Glenn Marcus) ran a site that featured some particularly brutal BDSM depictions, including things like:



And:



While the jury convicted Marcus of violating sex trafficking and labor laws (in what was considered a pretty novel application of those laws), it actually acquitted him on the obscenity charges, even after being exposed to the most severe and explicit depictions the site had to offer.

Granted, the fact that he was going to serve significant time on the labor and sex trafficking charges might have helped some, because it gave the jury the option of acquitting on the obscenity charges without setting the man free entirely, but it's still a hell of a precedent to be staring at if you're a prosecutor considering bringing obscenity charges against a BDSM producer in a community as metropolitan and porn-tolerant as NYC -- and San Fran might not be that different from NYC in terms of having a large local BDSM scene.

I don't mean to suggest that Kink could never be convicted on obscenity charges, just that it might not be as much of a slam dunk for the prosecution as people think.
pardon but he did not fuck her? above sounds like pure violence and I can see how that might not fall into the obscene content category.

i have always been advised by those wiser than me that it is ok produce content depicting a model tied up/bonded and also it is ok to produce content depicting consensual sex but you cannot or should not produce any content where a model is depicted having intercourse or otherwise sexually addressed while bound or otherwise restrained...
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Old 02-14-2013, 04:34 PM   #107
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The "Cambria" List:

Box-Cover Guidelines/Movie Production Guidelines

Before selecting a chrome please check facial expression. Do not use any shots that depict any unhappiness or pain.


Do not include any of the following:

No shots with appearance of pain or degradation

No facials (bodyshots are OK if shot is not nasty)

No bukakke

No spitting or saliva mouth to mouth

No food used as sex object

No peeing unless in a natural setting, e.g., field, roadside

No coffins

No blindfolds

No wax dripping

No two dicks in/near one mouth

No shot of stretching pussy

No fisting

No squirting

No bondage-type toys or gear unless very light

No girls sharing same dildo (in mouth or pussy)

Toys are OK if shot is not nasty

No hands from 2 different people fingering same girl

No male/male penetration

No transsexuals

No bi-sex

No degrading dialogue, e.g., "Suck this cock, bitch" while slapping her face with a penis

No menstruation topics

No incest topics

No forced sex, rape themes, etc.

No black men-white women themes
The Cambria No-No List looks like the Kink production schedule...





ADG
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Old 02-14-2013, 04:50 PM   #108
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pardon but he did not fuck her? above sounds like pure violence and I can see how that might not fall into the obscene content category.

i have always been advised by those wiser than me that it is ok produce content depicting a model tied up/bonded and also it is ok to produce content depicting consensual sex but you cannot or should not produce any content where a model is depicted having intercourse or otherwise sexually addressed while bound or otherwise restrained...
I guess I should have quoted the part of the description that includes the intercourse. Read on, below.

Quote:
After inflicting this beating, Marcus let Jodi off the beam, took her to a bedroom, and had sexual intercourse with her. Marcus photographed Jodi throughout the punishment and instructed her to write and post on the website a diary entry about the incident.
Granted, it says he had intercourse with her after taking her down -- but for reasons I'll get to in a minute, the dispositive element here cannot have been whether or not he had intercourse with her while bound, because the bondage itself is sufficient to sustain an obscenity charge.

The advice you've been given is not so bad from a practical standpoint, but it has little to do with the law, I'm afraid. The Miller Test is nothing if not maddeningly vague, and that vagueness introduces all sorts of possibilities.

Among other things, the application of the test hinges on the statutory definition of "sexual conduct" under the relevant state law. Under California law, that definition is as follows:

Quote:
(b) As used in this section, "sexual conduct" means any of the following:

(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.

(2) Penetration of the vagina or rectum by any object.

(3) Masturbation for the purpose of sexual stimulation of the viewer.

(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

(5) Exhibition of the genitals or the pubic or rectal area of any person for the purpose of sexual stimulation of the viewer.

(6) Defecation or urination for the purpose of sexual stimulation of the viewer.
Please note the text that says "Sadomasochistic abuse for the purpose of sexual stimulation of the viewer." I see no indication here that in order to be construed as obscene, the sadomasochistic abuse necessarily must involve penetration.

New York law has similar provisions and definitions, including whether the work that has been alleged to be obscene "depicts or describes in a patently offensive manner, actual or simulated: sexual intercourse, criminal sexual act, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals."

Like it or not, the crux of the matter is really what the jury thinks of the depiction/description at issue in an obscenity case, and whether it, taken as a whole appeals to the "prurient interest," whether the work depicts/describes sexual conduct in a "patently offensive" way, and whether the work (again, taken "as a whole") lacks "serious literary, artistic, political or scientific value."

It really does boil down to the specifics of a case, and the jury (or judge, if it's a bench trial) that hears it. With respect to BDSM, the law is nowhere near as specific as "bondage without penetration OK, bondage with penetration not OK."

But hey -- don't take my word on any of this... ask any of the dozens of lawyers who are part of FALA. They will tell you much the same thing, I suspect.
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Old 02-14-2013, 05:20 PM   #109
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Banana, banana, terracotta, terracotta, banana terracotta pie...

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Old 02-14-2013, 05:26 PM   #110
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this is actually one of the most obscene pictures i have ever seen
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Old 02-14-2013, 06:08 PM   #111
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[QUOTE=Quentin;19481560
Granted, it says he had intercourse with her after taking her down -- but for reasons I'll get to in a minute, the dispositive element here cannot have been whether or not he had intercourse with her while bound, because the bondage itself is sufficient to sustain an obscenity charge.
[/QUOTE]

ok but he still didnt fuck her while she was bound up.
and i am not saying what he did was ok or not.
i think what i am thinking of in this realm of fucked while bound is not obscenity issue but rather consensual vs non-consensual (basically rape).
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Old 02-14-2013, 06:23 PM   #112
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i think what i am thinking of in this realm of fucked while bound is not obscenity issue but rather consensual vs non-consensual (basically rape).
None of it SHOULD be illegal. It's just fantasy role play that is filmed.

IF it were actual RAPE then yeah..go to jail for rape. Filming a rape fantasy and that being illegal is fucking stupid.

Millions of WOMEN have rape FANTASIES (no, they don't want to be actually raped in real life). But I've had role playing sex with lots of girls who asked me to pretend I was a stranger "taking" them against their will.

It's just part of sexuality.

Our country, and all of it's "holier than thou" morality is so fucking hung up sexually. Well, the actual PEOPLE aren't...we here in the U.S. are the kinkiest, most perverted motherfuckers on Earth. But for some reason, our govt. and our laws ARE.

It's like we deliberately make laws to "punish" ourselves (if you think about it that's pretty kinky)

Anything and everything that people enjoy (porn, drugs, etc.), we immediately make laws AGAINST doing.
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Old 02-14-2013, 06:32 PM   #113
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a. i'm sure there WAS an old shooting range in the armory
b. delay of arrest? bogus charge that a public defender can erase with ease
c. coke, hard to say it was his, good chance it was a model's or employee's. happens in EVERY business too, coke is everywhere. unless they can prove it was his, it's nothing and won't stick.


basically he has to pay $100,000 to his lawyer to make this go away

sorry it happened to him, Kink is a SOLID company with a great reputation that I have a lot of respect for.
100k for that? I mean lawyers in America gets 4 times average annual wage for one little case?
Like you solve one little case and you can live off it for 4 years like an average american? Or solve 2 little cases and live 4 years like a decent income american?

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Old 02-14-2013, 06:42 PM   #114
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Anything and everything that people enjoy (porn, drugs, etc.), we immediately make laws AGAINST doing.
that would be anarchy Robbie.
i dont think it is as cool as it sounds.

but i do agree that the US is over-regulating themselves.
good example is public transportation..
when i was a youngster back in Europe, we would take the train when we go to parties or nightclubs, bring a six pack and drink on the ride.

first and probably last time i ever used a US metro train i wasnt allowed to even drink my starbucks onboard. wtf
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Old 02-14-2013, 06:49 PM   #115
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that would be anarchy Robbie.
i dont think it is as cool as it sounds.

but i do agree that the US is over-regulating themselves.
good example is public transportation..
when i was a youngster back in Europe, we would take the train when we go to parties or nightclubs, bring a six pack and drink on the ride.

first and probably last time i ever used a US metro train i wasnt allowed to even drink my starbucks onboard. wtf
Not talking about "anarchy" at all.

I'm saying that YES there should be laws against stealing, killing, raping, etc.

But what the fuck are we doing with "Blue Laws" in some states? I lived in South Carolina from 1993 to 2008. And we couldn't go to Walmart and buy anything EXCEPT food before 1 p.m. on Sundays because Jesus would like that! lol
And the bars all had to close at midnight on Saturday nights because it was technically Sunday then and again...Jesus wouldn't like us to drink at a bar on Sunday!

Here in Vegas...an ADULT man can't have a liquor drink and a nude woman in front of him dancing in a titty bar. The girls have to wear TWO thongs.

The only club that is "grandfathered" in for full nudity/full liquor is The Palomino Club (where Claudia Marie appears on Wed. nights ~shameless plug~).

Anarchy? Really? No, just sexually and socially repressed moralistic busybodies who have nothing better to do than make sure that your life is as miserable as their own pathetic existence.
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Old 02-14-2013, 07:16 PM   #116
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Kinda scarey how people are loosing there jobs over facebook posts, arrests being made on social media outlets. I can understand posting something illegal, but facebook posts and a job.... I can't see how something on your time could even play a part in your performance at work.
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Old 02-14-2013, 07:58 PM   #117
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Kinda scarey how people are loosing there jobs over facebook posts, arrests being made on social media outlets. I can understand posting something illegal, but facebook posts and a job.... I can't see how something on your time could even play a part in your performance at work.
Because the corporations own everything, including your ass and free time and what you do with both.
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Old 02-15-2013, 07:03 AM   #118
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that would be anarchy Robbie.
i dont think it is as cool as it sounds.
here in CZ all that is legal to a certain amount - even including small amounts of heroin

still it's apart from a few typical places a very safe and peaceful country

the problem now are border towns where all the germans come over to buy their drugs and since there are no border controls anymore, they have no problems taking back to Germany what they bought here.
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Old 02-15-2013, 11:41 AM   #119
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The only club that is "grandfathered" in for full nudity/full liquor is The Palomino Club (where Claudia Marie appears on Wed. nights ~shameless plug~).
this is the one and only strip joint i ever go to in vegas.
it is a very very cool place, the girls are very hot and very naughty tho i have never been there on a wednesday night though.
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Old 02-15-2013, 11:47 AM   #120
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a. i'm sure there WAS an old shooting range in the armory
b. delay of arrest? bogus charge that a public defender can erase with ease
c. coke, hard to say it was his, good chance it was a model's or employee's. happens in EVERY business too, coke is everywhere. unless they can prove it was his, it's nothing and won't stick.


basically he has to pay $100,000 to his lawyer to make this go away

sorry it happened to him, Kink is a SOLID company with a great reputation that I have a lot of respect for.
$100K? Is this a St. Valentine's Day sale?

I thought Tubes were the downfall of the adult biz. No, 90% of the people involved in it are pieces of shit.
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Old 02-15-2013, 11:51 AM   #121
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Old 02-15-2013, 01:50 PM   #122
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this is the one and only strip joint i ever go to in vegas.
it is a very very cool place, the girls are very hot and very naughty tho i have never been there on a wednesday night though.
It's the only strip club in Vegas worth going to.

The others (Cheetahs, Spearmint Rhino, etc.) are a total waste of time. You leave with your wallet empty and no fun at all.

Girls wearing 2 thongs, not allowed (by law) to "grind" within 6 inches of your upper thigh while lap dancing, undercover cops in all of them watching and giving the girls $1400 tickets if they break any of the prudish Mormon Vegas laws.

It's just insanity to me. Grown people in a city council making laws telling other grown people that they can't have a fucking stripper dance to close to their dick in a goddamn strip club! And that they have to wear 2 thongs!
It's hard for me to even wrap my head around the sexual repression that must run through the minds of some of our politicians in this country.
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Old 02-15-2013, 01:53 PM   #123
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Spent a number of very fun nights over the years upstairs at The Palomino Club.

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Old 02-15-2013, 03:22 PM   #124
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Delay of Arrest - I had to Google it; best I can come up with is resisting, but probably not being forthcoming with information, so not physically resisting.
forthcoming with information? Odd, there is no law that states you have to talk to the police, quite the opposite. Unless it refers to refusal to identify.
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