Conclusion

Just wanted to say a quick thanks to the professor, the TA and the students for making this a great semester.  When I look at the agregator I find it amazing the amount of material and the diversity that this course brings.  Good Luck to all!!!!

Holy Shit, Larry Flynt.

This was actually an amazing lecture to me that hit home pretty well.  I just recently finished a paper and presentation on Larry Flynt and his great promise to protect the first amendment.  Please see below under the blog heading Inspiration from Com 497.  In this blog I posted the paper that I wrote on the topic of Larry Flynt and Jerry Falwell.  This case was very similar in some aspects to that described in class about the women in Sheik Magazine who was portrayed in “false light”.  The actual courtroom charges become defamation and actual malice.”  Previously Larry Flynt had been the founder of protecting this right for many magazines and publishers across the nation.  The court must prove that the article or picture was posted with intention to cause actual harm or malice and that it was believable.  I guess what made this case interesting to me is that they being the editors did not modify the picture in any way.  In Flynt’s normal publication especially Hustler he often uses public icons and uses parody’s.  This case was different they did not modify the existing picture and allowed them to be vulnerable to a tort known as intentional infliction of harm.  In English this basically means that if an AVERAGE reader would pick up the magazine (like the gas station attendant) should would believe this person to be associated with the magazine.  I guess that was the way it worked out.  The reason I believe that this did not cause a large deal of disturbance to Flynt and his quest to protect the first amendment is that it is not to often that you see picture of people who are unaware of them un modified or edited for purpose of opinion of speech or humor.  When a parody is posted they often go above and beyond the reasonability factor to ensure that they will not be held liable under defamation.  This was not the case and I found it to be an interesting contrast to my earlier research.  

            I have included the link below that gives some information into the previous case.

Larry Flynt vs. Jerry Falwell.  

Hustler Magazine v. Falwell – Wikipedia, the free encyclopedia

Globalization

Globalization was a bit of a dry topic compared to others in the class but did have a few interesting points.  In the early 1990’s as stated in lecture the internet and “cyberspace” was seen as a different entity.  Maybe people did not know how to react to this fairly new technology and viewed it in a category all by itself.  

            The internet has troubled the law in many ways.  From security issues, zoning issues and moral issues the internet has expanded a seemingly old system of law into a modern day effort in action.  It seems that the internet in itself is just a massive operation that is very difficult to get a strong grasp on.  Unlike a stationary store or business the internet allows individuals to operate and earn profits from all over the world.  I was a bit surprised by lecture on the idea that when your search in the United States you tend to use links from the
United States.  In fact when you search for academic sites for research a not I end up getting many hits from international sites, especially the United Kingdom and
Japan.  I was not aware of the jurisdiction matters that hold people of one country liable for breaking a law in another country.  Does this mean that everyone that goes oversees to use drugs or prostitutes ultimately get into some sort of legal trouble? Probably not I would imagine.  In fact the examples that were given in lecture are probably extreme, especially those regarding publication on Neo-Nazi material.  I can somewhat associate it with our FBI’s terrorist list.  The author from
Nebraska I think it was, was most likely marked as a target by the German government and watched to see if he would make a move that would allow him to be liable under law, in which he did.  I was also wondering if the countries that a person is from ever offers some sort of protection from laws of another country?  From my understanding international jurisdiction is a very sticky topic to begin with.  I know from some of my business law classes that when one country brings criminal action against members of another country it has a whirlwind of results.  The most serious being trade barriers that are set up by the governments in effort to suppress foreign economies from challenging the laws of native countries.  

            Semester is coming to an end, I have one more lecture left and then the real world begins.  Moving onto intellectual property.

Sweet Reflections..

I found this class to be one of the best I have ever taken.  To be honest I was very surprised with the amount of writing you end up doing.  I guess that the topics are interesting and controversial enough to write rather extensively.  I felt I gained great educational and informative insight into the world of CyperPorn.  It was nice to get a different perspective on the issue other than “I love it” or “It ruins the world”.  I am a bit disappointed that this class will not be taught by professor Halavias anymore.  Many students talk a lot about the class and I have only spread the word even more.  I feel that overall I did a great job with reading, watching lectures and blogging.  My main objectives when I was blogging were to take the issue we discussed in lecture and try to expand on it.  I felt I was effective in bringing outside resources such as the internet and research material.  (Other than my sitting of a site of satire!!!)  But overall I found how much it helped me in other classes.  Since the topic of pornography is so controversial it usually fit well into business topics especially law and ethics.  I really am enjoying the fact that the exam is optional I have heard it is rather difficult so I will not be taking it.  Thus far I have maintained an A- in blogging and I felt that April was just as strong if not better.  I am going to try and blog a few more times this week to ensure an A range grade (I hope).  I think it is also rather inspiring what professor Halavais has done especially gaining media attention.  The topic is real; the material is there so why not learn about it?  Thanks again to a great semester.  Hopefully 2 more blogs to come.  And Gong rats to all seniors including me!!!

Lucas Blogs revisited

Although I did lbog rather intensely on Mr. Lucas’s blogs but I guess I did not address his blogs in the form of a question.  Mr. Lucas seems very passionate and proactive to his cause and company but we must not forget that he is most likely making a considerable amount of money at his business endeavor.  I am the first and a huge supporter of the capitalistic views and good for him for establishing what he has and his new office located in
Manhattan.  My question to Mr. Lucas would be how much is actually given back?  In that I mean, how much do his stars make from doing a film?  Is it comparable to straight pornstars or more? And what kind of donations/contributions do you make to support your views?  I know he addressed the issue of politics in many different aspects, I was just wondering if maybe he donated or funded any such events that would allow lobbying for his cause?  Mr. Lucas from what I have gathered seems like a high powered individual in the gay community, in fact I really did not find any negative feedback on his blogs and a solid half of them were thanking him for his last production he put out.  

            Well I’m thinking about it I would also ask another question that pertains to his blog about asking your partner if they were HIV positive.  Although he attacks this point from the idea that ALL sex should be enjoyed with a condom I wonder if all his sex scenes include a condom.  And for the question.  How many people that regularly engage in anal sex do you think actually use a condom?  I know a lot of criticism of the gay community has been the negative light of those few that enjoy raw bear backing anal sex and even some that say they search for HIV (bugs or something I think they are called) I am not saying this is any different from straight sex but how does Mr. Lucas feel this issue should be addressed?

Data Retention and Labeling…Let’s think it over.

Wow…I never knew this was a possibility or even an earlier act.  Data retention by internet service providers?  To me this seems like a serious infringement on privacy.  The original article that I started to read was all good and sound.  I think that placing a label on websites that contain sexually explicit material is completely fair and reasonable.  Just like the video game and music world adheres to the laws the internet companies should be subject to the same treatment.  I do not think it will hurt business in any way and probably will not deter too many users.  Online companies and websites have a difficult time as is censoring people ages.  An example of this is to get into say a website for Beer “Coors Light” they attempt to verify your age by asking you to enter your date of birth.  Well it really does not take a rocket scientist to figure out when you would have to be born to be 21!!!!  So that tactic will not work.  Another aspect of the internet is that usually people are not monitored (by parents, peers) when they are surfing the web so even a label may not stop anyone, but none the less I do not think it will hurt too many companies/sites so why fight it.

            On the other hand this “Data Retention Device” this is going way too far and should be fought from all levels.  It will hinder business, cost money and most importantly infringe on our privacy rights.  I can see monitoring a site that may have been known in the past to have violated a Child Porn law but not all web browsing.   Some of the references in the article said they may want to see data retention for a year!!! This is ridiculous no matter how many “gruesome cases” were lost.  Why don’t they spend more time investigating individuals than consumers as a whole?  This can potentially open a can of worms.  The first being, who will pay for this monitoring? You got that right the ISP’s are not going to bear the brunt of adding new technology, new employees it will be passed on in the form of monthly rate hikes.  Another concern is sharing of information, just like spy ware does.  Spyware/Adware is a virus like tracking device that monitors your use of the internet and often profits from the selling of this information to outside vendors or marketing firms.  Who will protect or ensure that this will not happen?

            In the end I think it is going to take a great deal of money and research to ensure that this is in the best interest of the consumers and citizens.  Who knows the internet may be a dying commodity and Professor Halavais may be teaching this subject in the past tense???!!!

Attack on Child Porn. A Muti-national approach

Within the past few years and especially 2006 many governments have made Child Pornography a top matter on their agendas.  Despite the Chris Hanson’s reports of “luring” child molesters and the widespread terror that arose after the segments the
United States government has taken a great deal of consideration into the issue.  Unlike many other ailing epidemics that sweep through America the Chief Justices office is not be lenient in any way when it comes to punishment.   

            “Thirteen people have been indicted in nine states on charges that include possession, receipt, distribution and manufacture of child pornography. The states are: Arizona, Florida, Hawaii, Illinois, Michigan, Nevada, New York, North Carolina and
Tennessee.

The other 14 have been charged in Australia, Canada and
Britain. One person remains at large. The investigation began with an arrest in
Edmonton last May.”

http://www.cbsnews.com/stories/2006/03/15/national/main1406067.shtml

It seems like governments locally and federally have had great success in busting this massive rings of distributors and producers of child pornography.  One main consideration that we can attribute this to is the global scope of the issue.  Just like earlier in the year when we talked about the internet and the three A’s associated one being anonymity.  Being anonymous can take many forms, the most obvious being that nobody else knows who your are, either on the producing end or the receiving end.  But an issue that we must also consider is suppliers profiting from the anonymous protection that their country offers.  Long arm statutes are extremely hard to exercise by a company going after someone that resides in another country.  With the help of many countries contributing to the efforts the anonymity of these offenders is being unveiled leaving them susceptible to a number of charges.  Along with charges in their own country they are often being connected to charges in as many as 14 countries.  This legal burden that has been lifted is giving authorities hands up in prosecuting these individuals.  

            The seriousness and concern over child pornography by citizens of many countries has jump started this attack on offenders.  If you Google child pornography the sites that pop up under the search was surprising to me.  The internet which has been the place for profit for these individuals is being taken over by agencies, support groups and governments all looking to end this problem.  One can find a site in just a few seconds that allow them to submit a lead into a possible child pornography site.  I find this to be amazing and reassuring, especially since support is coming from a multi-national level.  I’m not too sure on the issue but from the looks of it
Canada seems to be paving the way and setting examples for other countries.  The article above was a bust that originated from
Edmonton. 

            The fines and punishments have increased tremendously.  The article above states that the prosecution terms have quadrupled over the past year and actual guilty prosecutions are up by 5 times as many since 2001.  I think that the governments have also gained an incredible amount of insight into this operation allowing them to react at the initial stages rather than try and catch up to these business men.  The newest difficulty comes from the cutting out of the middleman.  Instead of using a gallery or website a lot of these violators felt they can continue to remain anonymous by using only peer to peer sales and distribution.  In my opinion just as some of our amendment rights are being tested under terrorism I think we are going to see the same in the world of child pornography.  The governments as well as insiders are eager and willing to take great efforts to end this as well as spend a tremendous amount of money.

Zoning Regualtions..

After Listening to the lecture on Zoning laws and further the establishment of secondary effects I began to think about whom actually makes the decision on the effects.  I understand the concept behind the meaning of Secondary effects but I am puzzled over how subjective this topic may be.  It actually brought me back to the first few weeks of class when we discussed who may be offended by certain topics in pornography.  Just as some material may be offensive to one and not at all to another how do we measure secondary effects of say a strip club? Is the community offended by the men or women for that matter that frequent the club? Do the late night crowds intimidate the neighbors? Does the drunken man pee on someone’s lawn?  Or even worse is someone so wound up in the “sexual scene” they commit an act that is illegal such as rape or sexual harassment.  I just can not figure out who would ultimately decide is something is positive or negative.  Why the bar that John Doe #1 has been drinking is at all day before he attends a strip club not considered a negative secondary effect?  And just like the legal system has to measure up to does a secondary effect need to be proved beyond a reasonable doubt?  I totally understand the idea that most people would not like an establishment like this to be by a school or other children’s places, but I do not think that we can restrict this much.  Just like any other establishment that is not desired in a certain area it is usually driven away by lack of business.  I think that the market itself is a better consideration into zoning laws that “negative effects.”  There are very few entrepreneurs that would be able to withstand huge losses on their investment for extended periods of time.  And I guess the other side of the argument would be what if this establishment such as a strip club actually did well.  What I would say to that that there must be a market for it.  Now trying to see the point for sake of argument would a negative secondary effect be if a man frequents a club too much and it takes away from time with his family?  How could we directly pin this on the club and not on a giving any thought to a bad relationship that so many Americans experience with divorce rates approaching 50%.  To me actual malice or intent to harm by someone that frequents an establishment does not and can not be directly associated to the establishment and I would not consider it an effect of the establishment for zoning purposes.  Don’t get me wrong I would not like to have a strip joint in my backyard either but I would also not choose a residence that this would be a likely matter.  We still have to consider that these are businesses and businesses must make profits to survive, to me that alone is zoning.  

            Another thought that I had listening to this lecture that amazed I was the Court System.  Unlike many of our other laws that are primarily rooted from Common Law as well as case precedence. The industry has managed to evade common law.  This can be seen from the different viewpoint and perhaps the widening acceptance of many issues.  Just like the professor talked about that town that he used to work in that tried to fight an establishment on zoning regulation it proved to be too costly.  This is usually a link that the system had not yet established common law and case precedence.  An example of this slightly over exaggerated would be murder.  In the
U.S. the grounds for murder are so well established and rooted that there is little ambiguity in these cases.  This translates into faster court times, objective results, and little need for further examination.  Maybe its just that many issues surrounding pornography, indecency and obscenity are so different on a case by case basis.  Also the industry has not really crossed the legal boundaries too much from what I know.  Or maybe it has a lot to do with the internet and jurisdiction matters such as the long arm statute.  

I’m a Sucker…

Wow, I think I may be the biggest sucker in
America.  Thanks to a response that someone left me on my blog I went back to investigate the source of my information.  I do not know what I was thinking to believe this article in the first place.  I am not going to shamefully erase this past blog just to save myself from further embarrassment but I will leave it up for others to view.  To my defensive (if I have any) I was searching Google for the Gay riots that occurred back in the 1990’s and I came across this “so called” Broke Back Mountain Riot on a website that uses Satire as their form of communication.  I saw this as a wonderful reference to my point and opposition to riots.  Truthfully I did not read deeply into the article but more or less used it to support my opinion.  Upon my return to the site, (link is below) I have never been more embarrassed to reference something in my life.   I apologize for anyone that has read this article.  I am going to use this as a learning tool and also as a form of power that the World Wide Web can have.  Apparently this site solely exists only for the purpose of humor and in fact some of the sites contents are offensive to others.  Just like the spread of pornography over the internet false news can do the same.  Since information is not censored and the internet has really tested the strength of the first amendment it takes more reason to find out what material is factual, what is opinion and flat out what is wrong.  This just goes to show you that stuff like this happens all the time.  In fact just last night my girlfriend and I were in the movie store and I was actually telling her about this false riot!!!!  Idiot I am.  Lesson learned and again I apologize for bringing this site into an academic setting.

Broke Back Mountain Riot

Wow this class has brought upon some coincidental events in my life.  About an hour or so after writing in response to the Lucas article I was watching a riot edition cops on Court TV.  On of the main riots featured was that of the Gay and Lesbian community in
Los Angeles in the early 1990’s.  My stance on the whole thing remained the same as it does with any riot…they are just plain bad and counterproductive to a cause.  In fact I think riots give bad PR for any group especially the way it is portrayed by the media in effort to make it crazier than it already was.  So today I decided to do a little research on the topic and see what I could come up with on this famous riot. To my surprise there was a riot of a similar sort that just occurred in
Los Angeles again. This time the issue was over the box office hit Broke back Mountain losing in the Oscars to Crash.

“Large gangs of well-dressed homosexuals rioted in the streets of
Los Angeles Sunday night, protesting "Crash's" Best Picture win at the Oscars. The Gilded Moose's man on the street reports that the crowd of drunk, witty "Gyllenhaalics" have already mapquested Paul Haggis' house and plan to hire someone to light it on fire. After Haggis' home is destroyed, the crowd will systematically torch the remaining academy member’s homes that voted for the film. Before torching the offending voter, however, they will be dramatically slapped in the face by one gay while another throws a drink in their face, followed by a cutting "you bitch." Homes with well thought out interiors will not be torched, but run the risk of being looted.”

http://thegildedmoose.blogspot.com/2006/03/breaking-los-angeles-in-flames-as-gays.html

This is an action like that no different than any other riot and I am not taking the side that this is wrong because the protestor happen to be homosexuals but this was way to far.  They directly targeted the home of a voter that in an interview actually said she voted for Crash and started crying.  Broke Back Mountain, although I have not seen it gained a tremendous amount of praise at the box office.  But was it excluded from an Oscar solely because it depicted gay individuals?  I do not think so.  Look at all the Television shows that depict gays and some of them have had the longest runs of any sitcoms.  I just think this brings terrible light to the whole issue not to mention a national spotlight.  What effect will this have on future films that feature the gay community and do people who vote for the Oscars have to fear for their lives when they vote and do they deserve to be called a “bitch” and then have their house torched.  50 cent the rapper and his entourage did not hit the streets and harass assault or burn houses. So I guess the moral of the story is that I do not think violence is a proper solution, I think I uniformed debate that would have taken place by the media would have gained far more respect and sparked people thoughts way better than a violent riot