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-   -   Sent down for selling porn in the UK - SCARY SHIT (https://gfy.com/showthread.php?t=643591)

TextBill_ben 08-12-2006 04:07 AM

Sent down for selling porn in the UK - SCARY SHIT
 
I'm curious what you guys make of this!!!

See the link at the top of my SIG for the actual story!


If you distribute, circulate, sell, let, hire, gave, lent or offer for sale or hire, unclassified or R18 material by any means, including video messageing, webcam, streaming or download, or conspire withsomeone else to do the same (meaning to act as an affiliate) it would be a certainty to be prosecuted.

Me - I'm a little concerned! Scary shit!

Tuga 08-12-2006 04:19 AM

That's fucked up.

Due 08-12-2006 04:20 AM

Crazy, is porn ILLEGAL in UK?
Or is it just illegal to sell it in places where minors have access?
UK is a really big market also lots of webmasters living there, sounds pretty fucked up

Mr.Right - Banned For Life 08-12-2006 04:21 AM

it seems they are only talking about dvds and unclassified dvds.

TextBill_ben 08-12-2006 04:22 AM

Quote:

Originally Posted by Tuga
That's fucked up.

thats a little more than 'fucked up'

Did you see recently the guy from the UK who was arrested for operating sports betting sites in the US - even though the site and he was based in the UK?

So does this mean - if your 'unclassified' material is available to consumers in the UK you can expect a jail sentence?

s9ann0 08-12-2006 04:23 AM

I think its for DVD's and I think that guy was selling some fucked up shit

If its not then its fucked up. I don't see why the police would waste their time busted straight pornsites if they have that much time on their hands why don't they go and solve some real crimes.

TextBill_ben 08-12-2006 04:23 AM

Quote:

Originally Posted by Batts
it seems they are only talking about dvds and unclassified dvds.

If you distribute, circulate, sell, let, hire, gave, lent or offer for sale or hire, unclassified or R18 material by any means, including video messageing, webcam, streaming or download

This is clearly NOT just about DVD's

Mr.Right - Banned For Life 08-12-2006 04:26 AM

Quote:

Originally Posted by TextBill_ben
If you distribute, circulate, sell, let, hire, gave, lent or offer for sale or hire, unclassified or R18 material by any means, including video messageing, webcam, streaming or download

This is clearly NOT just about DVD's

They were unclassified

TextBill_ben 08-12-2006 04:27 AM

Quote:

Originally Posted by Batts
They were unclassified

IS YOUR CONTENT CLASSIFIED??? Anyone?

abz 08-12-2006 05:15 AM

That story is a load of bollox. I cant post the link to another forum but im giving you a clue with [bollox] you can read the thread about it there

gooddomains 08-12-2006 05:18 AM

that is sad

JoeA 08-12-2006 05:20 AM

Here's the link to the other thread from our UK forum :)

http://www.beerandbollocks.com/forum...ead.php?t=5296

Look out chicken licken the sky is falling down..

The original story is a load of crap !!!

fastfun 08-12-2006 05:22 AM

Read the whole story!

Scotty.T 08-12-2006 05:24 AM

Never mind

SGS 08-12-2006 05:32 AM

Well thats half the story, the bullshit half. lol

Farang 08-12-2006 05:32 AM

that's not good

Scott McD 08-12-2006 05:34 AM

Load of shite. Nothing to worry about...

Dvae 08-12-2006 06:15 AM

Quote:

Originally Posted by TextBill_ben
I'm curious what you guys make of this!!!

See the link at the top of my SIG for the actual story!


If you distribute, circulate, sell, let, hire, gave, lent or offer for sale or hire, unclassified or R18 material by any means, including video messageing, webcam, streaming or download, or conspire withsomeone else to do the same (meaning to act as an affiliate) it would be a certainty to be prosecuted.

Me - I'm a little concerned! Scary shit!

Damn there go the right Bible thumpers again
Oh wait.. its the UK
haha

TextBill_ben 08-12-2006 06:41 AM

Quote:

Originally Posted by Dvae
Damn there go the right Bible thumpers again
Oh wait.. its the UK
haha

yeah - well - the UK get great tits on page 3 of their daily newspaper....

america - arest people for public nudity... what a load of shite... puritanical wankers your government...

I am scared our pansy ass PM has his tongue so far up GW's ass that we are going to follow suit..

Dvae 08-12-2006 07:21 AM

Quote:

Originally Posted by TextBill_ben
I am scared our pansy ass PM has his tongue so far up GW's ass that we are going to follow suit..

What would that have to do with it?
Don't all laws/ordinances require some form of legislative input?
Since when can the PM pass any at will?

wizhard 08-12-2006 08:19 AM

Quote:

Originally Posted by Scott McD
Load of shite. Nothing to worry about...

What an idiotic thing to say.

As far as I know this is the first time a UK based affiliate of a non UK based distributor has been prosecuted in this way.

If this is a sign of things to come from the UK then any UK affiliate had better be extremely carefull about what they promote on the web

Klen 08-12-2006 08:22 AM

Well you just need to be carefuil what you do and everything will be fine.

Damian_Maxcash 08-12-2006 08:32 AM

Quote:

Originally Posted by JoeA
Here's the link to the other thread from our UK forum :)

http://www.beerandbollocks.com/forum...ead.php?t=5296

Look out chicken licken the sky is falling down..

The original story is a load of crap !!!

Got a summery? - There are pages of it!

Webby 08-12-2006 08:54 AM

Quote:

Originally Posted by TextBill_ben
I'm curious what you guys make of this!!!

See the link at the top of my SIG for the actual story!


If you distribute, circulate, sell, let, hire, gave, lent or offer for sale or hire, unclassified or R18 material by any means, including video messageing, webcam, streaming or download, or conspire withsomeone else to do the same (meaning to act as an affiliate) it would be a certainty to be prosecuted.

Me - I'm a little concerned! Scary shit!

Yes?? Which part did you not understand? :winkwink:

The classification of video/DVD type stuff for the adult biz has been in force for decades in the UK and where the R18 category is available in licensed adult stores.

Being unlicensed and distributing/publishing porn which prob has never even been classified could well be an offense under the Obscene Publications Act (tho that's down to a jury).

Webby 08-12-2006 09:04 AM

TextBill_ben:

I you are in the UK man - also note that the Post Office Act (1953) also has a section covering "indecent material" sent via mail.

Quick summary is... send any kind of, even mild adult content, thru the mail and this can contravene the Post Office Act. This does not have to be "obscene" - simply "indecent" in the eyes of a jury.

It also does not matter if the content is eg a video which has been legally classified as R18 - if a jury considers this indecent - there's a small problem.

A person who, in collusion with another, arranges for the shipment/mailing of eg a DVD a a customer, - can be charged for conspiring to contravene the Post Office Act and convicted where that content is deemed to be indecent by a jury.

abz 08-12-2006 09:06 AM

Quote:

Originally Posted by damian2001
Got a summery? - There are pages of it!

DO NOT sell any adult material that would breach the Obscene Publications Act I.E Scat which is what made the police act in this case.

BASICALLY DO NOT SELL SHIT!

madawgz 08-12-2006 09:08 AM

Quote:

Originally Posted by Batts
it seems they are only talking about dvds and unclassified dvds.

yeah thats what im reading too...

Webby 08-12-2006 09:11 AM

Quote:

Originally Posted by abz
DO NOT sell any adult material that would breach the Obscene Publications Act I.E Scat which is what made the police act in this case.

BASICALLY DO NOT SELL SHIT!

Ya got it! :thumbsup

Anything involving torture, rape, kids, canibalism, flagellation, incest and all that shit is likely to be considered for prosecution by the DPP.

Gunni 08-12-2006 09:23 AM

He was charged for violating the OPA, he was probably promoting scat dvd's or something. He wasn't charged with violating the POA.
Even if DVD's are unclssified they couldn't be ablet to prosecute him for violating the OPA if the defence could find examples of films already approved by the BBFC depicting the exactly same kind of thing, so I think he must have been promoting something that was clearly against the OPA.

Webby 08-12-2006 09:30 AM

Quote:

Originally Posted by Gunni
He was charged for violating the OPA, he was probably promoting scat dvd's or something. He wasn't charged with violating the POA.
Even if DVD's are unclssified they couldn't be ablet to prosecute him for violating the OPA if the defence could find examples of films already approved by the BBFC depicting the exactly same kind of thing, so I think he must have been promoting something that was clearly against the OPA.

That's what he was convicted for Gunni - Obscene Publications. To get a conviction on that there has to be evidence of violations - ie possibly scat and or, some other contentious material. It's kinda rare to get a jury to convict on lesser content and the DPP has better stuff to do that chase porn. He is also highly unlikely to pursue an action unless there is a reasonable chance of conviction - they are aware of costs and budgets :)

95% of cases like this have a lot more underneath.

L-Pink 08-12-2006 09:37 AM

Quote:

Originally Posted by TextBill_ben
thats a little more than 'fucked up'

Did you see recently the guy from the UK who was arrested for operating sports betting sites in the US - even though the site and he was based in the UK?

So does this mean - if your 'unclassified' material is available to consumers in the UK you can expect a jail sentence?

Get your facts straight. The dumbass was in Texas when he was arrested. Where you live makes no difference if you violate US law and are on US soil.

L-Pink 08-12-2006 09:45 AM

Quote:

Originally Posted by Webby
Ya got it! :thumbsup

Anything involving torture, rape, kids, canibalism, flagellation, incest and all that shit is likely to be considered for prosecution by the DPP.

And really, does any of the above actually involve sex as anyone reading this participates in?

Good luck drawing a jury of your peers. Even the recent Florida arrests were for facial gangbang content, not something a jury of your peers will understand or have ever taken part in.

How's the weather Webby?

Webby 08-12-2006 09:50 AM

Quote:

Originally Posted by L-Pink
Get your facts straight. The dumbass was in Texas when he was arrested. Where you live makes no difference if you violate US law and are on US soil.

Get your facts straight L-Pink :winkwink:

David and his wife were in Miami on a stop-over flight on route to Costa Rica and he was arrested - his wife was allowed to continue onwards and is in CR now - but the effect was the same.

Think on this one - on the same basis any webmaster can be arrested while flying to another country where adult-related issues are "illegal" although he has no business in that country, is not a resident/citizen or have any hosting etc.

Webby 08-12-2006 09:58 AM

Quote:

Originally Posted by L-Pink
And really, does any of the above actually involve sex as anyone reading this participates in?

Not getting your question man - you mean is the possessor of obscene material (the buyer) committing an offense? Mmmm.. depends on each case I think - basically if it's CP and stuff like that - most prob on other charges. The Obscene Publications Act is literally covering issues of "publication" and distribution.

Quote:

Originally Posted by L-Pink
Good luck drawing a jury of your peers. Even the recent Florida arrests were for facial gangbang content, not something a jury of your peers will understand or have ever taken part in.

How's the weather Webby?

Ya mean they've not participated in a swinger scene gangbang?? :winkwink: Sure - not easy on jury selection for that - but, who knows - not sure what a jury may think on that - tho kinda hard to defend on it's artistic values :winkwink:

It's prob about 84% L-Pink and the sun is shining - considering it's rainy season - it's not a bad day :thumbsup

L-Pink 08-12-2006 10:07 AM

Quote:

Originally Posted by Webby
Get your facts straight L-Pink :winkwink:

David and his wife were in Miami on a stop-over flight on route to Costa Rica and he was arrested - his wife was allowed to continue onwards and is in CR now - but the effect was the same.

Think on this one - on the same basis any webmaster can be arrested while flying to another country where adult-related issues are "illegal" although he has no business in that country, is not a resident/citizen or have any hosting etc.

If we are talking about the same guy, I read a link where he was in Texas changing planes and arrested on an out-standing warrent based on US complaints. ?? No?

Webby 08-12-2006 10:09 AM

Quote:

Originally Posted by L-Pink
And really, does any of the above actually involve sex as anyone reading this participates in?

Ah shit - getting ya man!

OK.. It can do, but - the level of "content" where the DPP would consider acting on is kinda high. Juries have had a tendency to accquit "normal sex" and the the Obscene Publications Squad ("Dirty Dozen") were disbanded - simply because there was no hope in hell of getting a conviction. (There is now a section which deals with... more net related and CP issues which apparently are more in line with required enforcement these days.)

L-Pink 08-12-2006 10:11 AM

Quote:

Originally Posted by Webby
It's prob about 84% L-Pink and the sun is shining - considering it's rainy season - it's not a bad day :thumbsup


I grew-up in Hawaii, really miss that type of weather.

Webby 08-12-2006 10:18 AM

Quote:

Originally Posted by L-Pink
If we are talking about the same guy, I read a link where he was in Texas changing planes and arrested on an out-standing warrent based on US complaints. ?? No?

Damn - you are 100% correct man! The flight was via Forth Worth - not Florida. The main focus of the case is the Kaplan's who have the Florida connection.

Can't say about an existing warrant as the basis of arrest - believe this was a complete surprise to a few people :)

BTW.. Gary Kaplan is the main person US prosecutors want to chat with and prob part of the reason for David's arrest (pressure). There still has been no extradition order passed to the Costa Rica govt - but suppose there is no hurry :winkwink:

Webby 08-12-2006 10:23 AM

Quote:

Originally Posted by L-Pink
I grew-up in Hawaii, really miss that type of weather.

Nice!! Where are you now? You ever visited here?

It's rainy season (winter) at the moment - but never cold and maybe around 84 here and prob about 90 at the beach/coastline. Mid-afternoon most days there is a shower, but that often passes in an hour or so, but can be very "wet" :winkwink:

You got to visit for a break man!

Marshal 08-12-2006 11:04 AM

this is weird...


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