Thursday, February 3, 2011

Legal Commentary: So Goes Porn...

An important ruling today that not many people are talking about:
The ubiquitous distribution of free adult videos through redtube.com has had a massive negative impact on the business model of adult website proprietors," charged the complaint against Redtube owner Bright Imperial Limited of Hong Kong. "Now that consumers have the ability to watch high quality adult videos for free on redtube.com, fewer are making the choice to pay other adult website proprietors for the same content."

Thus, Redtube.com has caused "many millions of dollars of damages to proprietors of adult entertainment websites," including those of the plaintiff in this instance, one Kevin Cammarata of Los Angeles, California. This, he charged, was a violation of California's Unfair Practices Act.

And the ruling:
A California Appeals court has dismissed the case as a Strategic Lawsuit Against Public Participation (SLAPP) suit — an action designed to censor free speech. "The publication of a video on the Internet, whether it depicts teenagers playing football or adult entertainment qualifies as 'conduct in furtherance of… free speech," the court ruled last week.

Why is this important? If the ruling had gone the other way, it would have basically made YouTube illegal.

Luckily, judges still have their shit together, I guess.

No comments: