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This newsletter is
sent free of charge to FSC members and supporters. For
personal contact, call 1-800-476-7813.
Free Speech X-Press
Delivering Weekly Censorship Updates to the Adult Industry
Vol. VI, No. 38, August 13, 2004 -- A Member Service of the Free Speech Coalition
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Free Speech X-press is researched and edited by Kat Sunlove and Layne Winklebleck.
Copyright 2004 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit.
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VISIT OUR WEBSITE FOR FSC MEMBERSHIP INFORMATION
http://www.freespeechcoalition.com
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VIDEO CONTEST! $500 PRIZE!
Attention videographers, producers, directors and undiscovered amateurs: FSC is holding a video contest. Here’s the challenge: To create a fabulous, 10-second, Free Speech promotional video for FSC’s use on the Sony Videotron Billboard on Sunset Boulevard, a billboard that has one of the highest numbers of viewers in the nation! The video will run 250 times a day for 2 days. Our quick-thinking Board Chairman, Jeffrey J. Douglas, bid on the billboard ad space in a KCRW radio fundraiser and won!
The winning video will be awarded a $500 prize. A non-refundable entry fee of $25 is required. The deadline for submissions is September 1. Entries will be judged by a prestigious panel of five adult entertainment industry professionals.
Contact Neva Chevalier for details and contest rules. (fsc@freespeechcoalition.com – 866-372-9373)
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ACACIA RESEARCH THREATENS ACADEMIA
UNIVERSITIES AND COLLEGES, USA – The latest expansion of the Acacia Research patent infringement lawsuit strategy is a foray into the world of higher education. A few weeks ago we reported that a federal judge in Santa Ana, California, had ruled that that some of the company’s patents may be too vague to be enforced against certain adult entertainment companies. (See “Acacia Loses a Round in Court,” X-Press, Jul 16) Now, only weeks after that decision, Acacia has sent letters to dozens of higher education institutions across the country.
Following their standard tactic, the company claimed that schools using a form of streaming video or audio for online lectures or to transmit course material over the Internet were violating Acacia’s patents. The letters offered to set up licensing agreements with the schools for a minimum annual fee of $5,000. Otherwise, the company suggested that the schools would be sued. Each website or institution faces a similar dilemma: pay up, or spend potentially much larger amounts for legal costs in a lawsuit.
“If you look at their strategy, they approach what they consider to be vulnerable industries, small porn sites for example, and try to get them to license the material rather than go to court,” said Don Spicer, chief information officer for the University System of Maryland.
Acacia has filed similar suits of patent infringement against 47 adult entertainment companies and settled with 30 of them. Last month, it filed complaints against nine cable and satellite companies. Acacia has signed more than 160 licensing agreements with various companies, including the Walt Disney Corporation.
From Tricia Bishop, The Baltimore Sun, 8/10/04
http://www.baltimoresun.com/technology/bal-te.bz.patents10aug10,1,1696110.story?
coll=bal-business-headlines
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SENTENCING IN FEDERAL OBSCENITY CASE
BILLINGS, MT – In April we reported on the first ever federal obscenity prosecutions in Montana. (See “Two Federal Obscenity Busts in Montana,” X-Press, April 2). Gary Robinson, who pled guilty in one of the cases, has now been sentenced to one year and one day in prison and three years of supervised release.
The term was at the low end of the sentencing guideline range and will allow Robinson to earn “good time” to shorten his sentence. However, defense attorney Robert Stephens had urged the judge to depart downward to a sentencing range that would allow for home or community confinement. Robinson has letters of support, had served in the U.S. Navy and had no criminal record, he said. Before starting the business, Robinson had talked to an attorney and mistakenly thought his activities would be legal, Stephens said.
U.S. Attorney Bill Mercer opposed a downward departure, saying there was nothing about the circumstances of the case that qualified Robinson for a break. U.S. District Judge Richard Cebull agreed with the government.
The videotapes which Robinson shipped around the country, using UPS, had titles like “Dogs and Horses and Pigs and Chickens,’’ and contained graphic scenes of bestiality and other sexual activity that involved excretory functions.
From Clair Johnson, The Billings Gazette, 8/10/04
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/08/10/ build/local/38-obscenity-case.inc
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INTERNATIONAL COUNCIL FORMS TO FIGHT SPAM
SAN FRANCISCO, CA – A new spam-fighting organization called the International Council on Internet Communications will be launched here this week at an International Spam Law and Policies conference. The private-sector organization will give highly placed spam fighters and strategists a direct line to their counterparts in other countries in order to disseminate information, coordinate tactics and make it more difficult for junk e-mailers to hide their operations. The council will include at least one high-level executive or attorney from Britain, Australia, Italy, India, Taiwan, Canada and the United States.
“This group is going to provide one of the fastest, most effective ways to address the growing international spam crisis,” said Anne Mitchell, president of the Institute for Spam and Internet Public Policy. “Speaking as a lawyer in the anti-spam enforcement area, if we in the U.S. are dealing with a spam gang coming out of Germany, we don’t know who to talk to, how the laws work or what we need to do to get them on the hook,” Mitchell said. “Now we have this international council, each member of which is intimately connected with the e-mail industry in his or her respective country and can provide other members context, contacts and cooperation.”
From Chris Ulbrich, Wired.com, 7/29/04
http://www.wired.com/news/technology/0,1282,64383,00.html?tw=wn_12techhead __________________________________________________________
LOYAL LISTENERS PROTEST STATION CLOSING
OTTAWA, QUE – An estimated 7,000 radio listeners showed up at a protest on Parliament Hill to demand that the federal government reverse a decision by the Canadian Radio-television and Telecommunications Commission (CRTC) to take Quebec city’s number-one radio station, CHOI-FM, off the air. CRTC pulled the plug on the station, after years of warnings, and after repeated complaints that some of its announcers were violating decency standards.
“It’s a noble cause, saving our radio station,” said Claude Hudon, a truck driver from Levis, Quebec, who listens to CHOI’s controversial “shock jocks” pillory politicians.
Heritage Minister Lisa Frulla said the CRTC is an independent body, free “of the political pressures, independent of lobby groups,” that judges those who “have the privilege to use the public airwaves.” She said the decision to silence CHOI-FM can be appealed only at the Federal Court.
Station owner Patrice Demers, who brought a petition carrying more than 200,000 names to present to Parliament, said he intends to file an appeal to the Federal Court later this week.
From Miro Cernetig, The Toronto Star, 8/11/04
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/
Layout/Article_Type1&c=Article&cid=1092175812181&call_pageid=970599119419
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CLUBS PAY SURPRISE VISIT TO COMMISSION
PINELLAS COUNTY, FL – Exotic dancers and club owners, along with attorney Luke Lirot, recently showed up at the Pinellas County Commission to complain about ambiguities in an ordinance that does not clearly state how much skin dancers can expose in clubs serving alcohol. The matter was not on the daily agenda, but the adult entertainment group brought it up during the public comment portion of the meeting.
Pinellas allows complete nudity in clubs that do not serve alcohol. But dancers at the county’s dozen or so topless clubs serving drinks must cover up. They usually wear what they say is the equivalent of a bathing suit. Yet, they testified, they are often unfairly raided by sheriff’s deputies and fined $500 for showing too much. The local code bans “cleavage of the nates of the human buttocks” without specifying what that means. Just walk down the beach, the dancers say, and you can see just as much from women wearing thongs or “booty pants.”
“At Hooters, when they bend over they are showing nates,” said Jill Lauderdale, a local dancer. “I don’t want to worry about bending over and going to jail because my smiley faces are showing.”
In the meantime, Luke Lirot has been fighting the ambiguous “nate” issue in court. But he said that the court process has been too slow. That’s why he advised his clients to appeal directly to the commissioners, asking them to clarify the code.
The result of this tactic? Commission Chairwoman Susan Latvala said the county attorney sees the ordinance as appropriate. However, she wants commissioners to review it and see if they need a clearer definition.
From Michael Sandler, St. Petersburg Times, 8/11/04
http://www.sptimes.com/2004/08/11/Northpinellas/Exotic_dancers_want_c.shtml
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“ECCENTRIC MENACE” VERSUS TOWN
ROSEVILLE, MI – Local artist Edward (Gonzo) Stross has a long history of clashing with town officials. In the latest incident, Stross painted a replica of Michelangelo’s famous “Creation of Man” on the side of his art studio, complete with a topless Eve, just as Michelangelo portrayed her. This violated a 1997 agreement between Stross and the city that he would not paint words, breasts or genitalia on the building. Now Stross must face charges in District Court. If he is found guilty, he could get up to 90 days in jail.
A partial history: Before “Creation of Man,” Stross spent seven years painting 150 faces, including Joe DiMaggio, Marilyn Monroe, Princess Diana, John F. Kennedy Jr. and his wife, Carolyn Bessette, for a mural on the side of his building. After he was ticketed in 2003 for loitering while painting the faces, Stross said he decided to cover his mural with pink paint. Later, he created a frowning face with a written protest against the city in black paint. That apparently did not go over too well.
Roseville Mayor Pro Tem Harold Haugh said Stross is no Michelangelo. Haugh said he is an eccentric menace. “It’s not about art or porn,” Haugh said. “The issue here is that we have a sign ordinance. It’s been a burden to have to deal with him and the problems that he creates.”
Says Stross: “If I was in Royal Oak or Detroit, I would be just any artist. But in Roseville, I stick out. I encourage artists to come to Roseville to take the pressure off of me.”
From Mary Owen, Detroit Free Press, 8/11/04
http://www.freep.com/news/locmac/artist11e_20040811.htm
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UpComing Events
AUG 13-15 – Internext -- Westin Diplomat
Hollywood, Florida – www.Internext-expo.com
AUG 31-SEPT 2 -- Gentlemen’s Club Owners Expo and Exotic Dancer Fan Fair, Mandalay Bay Hotel & Casino, Las Vegas www.ExoticDancer.com
SEPT 11-12 -- Gay Erotic Expo,
Los Angeles,212-352-3535 x. 40
SEPT 21-22 -- Home Entertainment Retail Expo,
Baltimore, MD www.homeentertainmentevents.com
SEPT 30-OCT 2 -- Chicago Adventure & Erotic Fair
http://www.chicagoadventure.org/ Chicago_Adventure_-_A_Lifestyl/chicago_adventure_-_a_lifestyl.html
OCT 10 – AdultCon, Los Angeles, CA www.adultcon.com
JAN 6-9, 2005 -- AVN Adult Entertainment Expo, Las Vegas, NV www.homeentertainmentevents.com
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