Legal VOD?

[Rico]

Hi. If there are any legal minded people out there I would appreciate some advice after reading in this month's ETO magazine of an unnamed trader sent to jail for offering downloads/streams on the internet of R18 & unclassified material. We were planning to offer streaming of unclassified material (the hard versions of our TVX shows amongst other things) in th belief that because a viewer couldn't actually download and keep it (R18 or otherwise) it fell within the law. However this case makes me wonder. Can anyone advise? Thanks. Ric Porter, Portway Films.
www.portwayfilms.com

[JayK]

This subject is being discussed right now over on the Producers Forum. Email me Ric if you want to join us. See page 6 of ETO for details of what UK Adult Producers is all about.

[BGAFD Admin]

The BBFC have previously issued a statement that: "An offer to supply hardcore material by video-on-demand (streaming, downloads, etc) or other manner in which no physical product changes hands does not count as mail order supply of a video work."



Perhaps you should take up their offer to give them a ring (see link) and let the forum know how you get on.

[Joe A]

How is the word "Trader" defined ?

Out of context the original post doesn't mean a lot to anyone. Is the full story on line ?

What is/was the content ?

Too many questions are left unanswered by such a short post. I and I'm sure many other involved in this type of business would like to know more...

[Britishporn.org]

Although this post doesn't help as regards answers, ETO need to be brought to task for putting such a poorly researched article that must have taken somebody 5 minutes to write on their front page.

80% of the article is attributed to quotes from the trader concerned, without any research as to whether his quotes were accurate or any explanation of what business the guy was actually in (did he have a licensed sex shop, did he have a website selling non dvd material, was his affiliate arrangement just a link or was it a branded storefront? etc).

Even the comments attributed to the "arresting officer" came from the trader himself - not that any arresting officer can be counted on to know the law in any case!

The only "research" done by ETO was to contact the Inspector in charge of Obscene Publications Unit at the Met who basically says what we all know - "if a film is unclassified you cannot sell it in this country, and if it an R18 it can only be sold in person at a licensed sex shop".

Lets hope ETO follow it up next month with a properly researched article that addresses what are very serious questions for any adult website operator based in the UK.

Keith
www.britishporn.org

[Joe A]

I just read the whole article...

The actual charge was for "Selling unclassified Dvds" on line as an affiliate. The guy was raided as the authorities thought he had a warehouse full of goods. The type of content isn't mentioned in the article and it may have been harder than the BBFC would allow, which is another reason, even though unclassified.

Consumers have been buying Dvds from abroad for years and have very few problems with customs etc.

The article states that he could be charged with the same offence for offering VOD but he wasn't taken to court for that reason. This would be an interesting test case as the surfer isn't buying a Dvd. He is downloading a DRM protected film to his pc for a limited time, which is less value than downloading vids from web sites where there is no DRM and you can burn them to Dvd...

Next time Rico check the information before you post.

[AngieRiley]

Any Information regarding Legal VOD would be greatly appreciated...

[JayK]

If you read the editorial in ETO about the article on the front page I think you will see why Rico is concerned. Two quotes from that editorial:

"It is widely believed that the Internet is a regulation-free area and thus outside of the UK regulatory bodies remits but the statements made suggest this may not necessarily be the case."

and

"So the comments made [by the arresting officer] could, of course, be seen as little more than empty threats - but if my company received a significant percentage of its income from sales of this nature [downloads / streaming vids via a website] then I would be seeking legal advice and official clarification of my position as a matter of urgency".

[Joe A]

Jay

This is a link to the article Roco, Keith and I are talking about.. And the reason for Rico's post.



Would you post a link to the parts you mention, so that the whole story is in the open and it's not some secret...

I jumped on Rico for it being less than half a story. I'd like to see who you've quoted

[JayK]

Joe the quotes I gave are from the "Editorial" of ETO as I said - that is the bit next to the contents page written by the Editor - in this case it's page 5 as there are adverts on page 2,3 and 4. I'm not going to scan it and put it on a website as you are in breach of copyright for doing that. But you have an issue of the magazine so read page 5.