Duke reminded industry members, “This is just another step in a process-it is far from over and CERTAINLY not a done deal.”
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The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

The trial was dismissed at the end of July by Federal District Court Judge Michael M. Baylson.

FSC filed the Rule 59(e) because they believe that Judge Baylson failed to address the key constitutional question in the case.

The key point in the filing and the issue FSC believes Judge Baylson overlooked is: “Under the First Amendment, no record keeping requirement derived from the Government’s interest in suppressing child pornography may substantially burden the circulation of expression which is not child pornography.”

The motion was filed by FSC attorneys Michael Murray and Lorraine Baumgardner with the expert assistance of attorney Reed Lee, FSC Board Member and Legal Committee Chair.

“We are looking for this motion to pinpoint the focus to the critical points of the litigation,” Lee said.

A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment. The government then has 14 days to reply to the motion.

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The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

CANOGA PARK, Calif. – The Division of Occupational Safety and Health (CalOSHA) will hold a subcommittee meeting tomorrow, to discuss standards for the adult industry.

The meeting will be held at 100 S. Main St., Los Angeles, CA, from 10 a.m. to 3:30 p.m., and is open to the public.

The subcommittee will meet with the CalOSHA Board of Directors to discuss regulations for bloodbourne pathogen standards for adult industry productions.

In addition to standards proposed by HIV/AIDS advocacy organization AIDS Healthcare Foundation (AHF), the subcommittee will discuss standard revisions proposed by Free Speech Coalition (FSC). FSC has developed proposed
revisions with OSHA compliance experts and adult industry stakeholders.

“It is my hope that this meeting is not designed to carry the political agenda of AHF and others like them, who know nothing about the adult industry but wish to regulate and control it,” FSC Executive Director Diane Duke said. “Whether CalOSHA will listen to the real stakeholders of this issue remains to be seen.”

The subcommittee members, which were appointed by CalOSHA, include adult industry attorney Paul Cambria, FSC representative and industry regulatory expert Kevin Bland, Hot House Entertainment CEO Steven Scarborough, Evil Angel General Manager Christian Mann, Traci Bryant, Dan Leal, Brian Chase, Peter Kerndt, Paula Tavrow, Denise Bleak, Gail Bolan and Frank Strona.

Tomorrow’s meeting is the second of four meetings scheduled to address regulations for bloodbourne pathogen standards for adult industry productions. An additional subcommittee meeting will be followed by a CalOSHA Board of directors meeting, to be held at a to-be-announced location in the Bay Area in October.
The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

FSC and its attorneys are reviewing the decision and will comment further on the decision later this week.
“We’ve known all along that the District courts would be a challenge, as they are staffed with Bush appointees.” Duke continued. “Our next option is an appeal at the Circuit Court level. We are in the 3rd Circuit-an optimal circuit for our appeal.”

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The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community

The first to be interviewed was ICM’s CEO Stuart Lawley who touted that this would be a TLD for the “responsible” adult entertainment community. Although Mr. Lawley stressed that he believed a .XXX sTLD would be financially advantageous for the adult entertainment community, he also reported that ICM is expected to make between 30 and 150 million a year off of the adult entertainment industry with this endeavor.

Duke, the second to be interviewed, pointed out that the adult entertainment community is concerned at the potential to mandate the sTLD, making the industry an easy target for anti-adult industry extremists. She also pointed out that with an sTLD, many adult businesses would be forced to defensively register their domain names to protect their brand and traffic. She acknowledged that the ICM CEO had mentioned the option to pay a one-time fee to “park” a domain, thus protecting brand and traffic. “In our initial discussions Stuart talked about a price of $25. Monday I read somewhere that the price was between $50 and $250 and by Tuesday, a reporter I spoke with said that it was up to $275.” Duke stressed that an industry hard hit by the recession and copyright infringement does not have the expendable income to invest in defensive registrations. Finally, Duke spoke of the regulatory board associated with ICM’s application. “The nominating process and ultimate make up of the board is still unclear. To have a company that is not part of the adult industry oversee the regulation of our industry is simply untenable.”

Cole was asked if she thought that the sTLD should be mandated and all adult businesses be forced to have a .XXX TLD? She said that she believed that it should, that by mandating adult businesses viewers surfing the internet would not accidentally stumble on to porn sites.

Duke, identifying herself as a feminist and long time advocate for women’s rights, said that she was surprised that Cole would take that stand knowing, from a feminist perspective, the dangers of marginalizing a community and limiting their right for free expression.

Cole’s response was that Canada does not have a First Amendment and does not hold free speech in the same esteem as those in the US.

Those wishing to hear the interview can access it July 1^st on CBC’s website http://www.cbc.ca/podcasting/pastpodcasts.html?8#ref8

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The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

CANOGA PARK, Calif. — Since its launch in April, Free Speech Coalition’s Anti-Piracy Action Program (APAP) hasdocumented nearly 287 million views on 1,700 clips identified with APAP’s best-of-breed spidering software. Overall, 18 adult production companies participating in APAP have fingerprinted more than 5,000 titles with the software to track content and gather data from infringing tube sites.

Adam & Eve President Bob Christian commented on FSC APAP data reports, “What an eye opener! To see from a small test that over 13 MILLION illegal, unauthorized viewings of just seven of our expensive, high quality movies have occurred is staggering to us! This is important work going on!”

APAP’s day-to-day operations are overseen by attorney Gill Sperlein, of Sperlein Law. Alongside his work with APAP, Sperlein also is in-house counsel for adult production company Titan Media and considered the leading adult industry attorney in copyright infringement litigation. Titan Media recently was awarded $1.35M by a U.S. District court, in a suit against tube site operators Antelope Media LLC.

Since the program has been in full operation, more than 1,700 DMCA notices have been sent to infringing sites on behalf of APAP participants, Sperlein said.

In addition to tracking content, delivering data reports to participants, and issuing DMCA notices to infringing sites, APAP also offers producers an option to monetize their content on tube sites. APAP organizers are negotiating with tube site operators to take down illegal content and replace it with legal clips that lead viewers to a retail option where they can purchase content, with technology similar to that being used on YouTube and other legitimate tube sites.

“I’m really excited to be working on this project, because it is going to bring about a fundamental shift,” Sperlein said.  “APAP provides a model for tube sites to go legitimate and for content owners to start getting their fair share.”

The program also offers free pre-litigation counseling to assist producers that are considering legal action against infringers. APAP organizers also can provide options for producers to form litigation groups, to file suit against infringers. Data reports compiled by APAP can be used as evidence of infringement, in the event of a lawsuit.

Participants also are given a FSC-branded APAP logo to use on DVD packaging or display on their websites. The logo indicates to infringers that the participant’s content has been fingerprinted for tracking through the program.

APAP is available to FSC member content producers for a set-up fee of $450, and low monthly charges based on the amount of content being tracked.

For more information on APAP or joining FSC, contact (818) 348-9373 or joanne@freespeechcoalition.com

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The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

CANOGA PARK, Calif. — Free Speech Coalition (FSC) Executive Director Diane Duke will speak on a panel at the inaugural Distributed Computing Industry Association (DCIA) P2P & Cloud Media Summit (http://www.dcia.info/activities/p2pcms2010/) held at the Loews Santa Monica Beach Hotel on Thursday, May 6^th. The summit coincides with the Digital Hollywood Spring conference, also being presented at the hotel (http://www.digitalhollywood.com/).

The DCIA Summit “will explore current policy, technology, and content issues as well as next-generation business opportunities related to P2P and cloud-based commercial offerings,” according to the summit website.

Duke is scheduled to appear at 12pm, on a panel titled “Key Challenge — Balancing Monetization and Anti-Piracy Efforts to Maximize Profitability.” The topics to be discussed will include business models that are the most promising in the P2P and cloud-based content delivery environments; changes needed to better harness P2P and file-sharing technologies; as well as optimization of security solutions and other developments that will benefit users of P2P, cloud-based and assisted-peer distribution platforms.

Duke’s fellow panelists include independent producer Melike Amjarv, Copyright Clearance Center’s Chris Kenneally, BUZZMedia’s Mike Lewis, BayTSP’s Lawrence Low, and Game Based Monitoring’s Gabe Zichermann. The panel will be moderated by We Get It Consulting’s Laura Tunberg.

“I think it is important that the people creating these new content delivery platforms understand the impact of piracy on the entertainment industry overall,” Duke said.  “Both content providers and platform creators need to think ‘outside the box’ at potential delivery systems and business models that will broaden access for consumers while providing revenues for the creators of the content.”

Duke’s panel appearance is especially timely since FSC recently launched its Anti-Piracy Action Program (APAP) for adult content producers, as well as two FSC-produced anti-piracy public service announcements videos that have received more than 275,000 YouTube views and coverage on Wired.com, Media Bistro, LA Times and NY Times.

For more information on APAP or FSC membership, contact the FSC at (818) 348-9373.

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The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

The first video, “FSC All-Star Anti-Piracy PSA,” features diverse cast of adult industry luminaries, including performers Lisa Ann, Alektra Blue, Kaylani Lei, Kimberly Kane, Joanna Angel, Nicki Hunter, Julie Meadows, Sinnamon Love, Charlie Laine and Ron Jeremy, as well as directors Will Ryder, Axel Braun and Cousin Stevie. The video spot delivers a serious message to consumers about the negative impact of illegal downloads on the adult industry. It also provides insight into how the industry provides jobs and generates revenue for thousands of people involved in content production.

The second video spot, entitled “FSC ‘Turn a Frown Upside-Down’ PSA” stars performer Charlie Laine, and delivers a humorous, visual message to consumers about the evils of content theft.

“We produced these PSAs hoping they will start a public dialogue on the ways illegal downloading and content theft have a tremendously negative impact on the adult industry,” said FSC Membership Director Joanne Cachapero. “FSC recently launched its Anti-Piracy Action Program, which enables content producers to take action against the illegal tube sites. Now, we would like content producers and other industry members to use these PSAs on their DVDs, websites and social networks, to communicate with consumers and deliver the message that illegal downloads are devastating to the thousands of people who depend upon the adult industry to earn a living.”

Several versions of the PSAs are available on YouTube; industry members that would like to post the videos on websites and social networks can find embedding codes there and are encouraged to “viral” the PSAs to their online networks.

Content producers that would like to use the PSAs on DVD products, as a trailer, can contact FSC to receive a data disc containing the PSAs in full-resolution Hi-Def format.

“FSC also would like to thank everyone that volunteered their time for this special project,” Cachapero added. “The people that starred in the videos; Michael Whiteacre, who directed the spots; and also the mainstream studio that donated its facilities and crew for production. Everyone involved understands that content theft has a tremendous negative impact on all areas of entertainment – adult and mainstream. It’s vital to convey that message to the consumer.”

For more information, contact Cachapero at (818) 348-9373, or joanne@freespeechcoalition.com.

YouTube links for PSAs (viewable in Standard Def and Hi-Def):

1)      FSC Turn A Frown Upside-Down PSA (Charlie Laine):  http://www.youtube.com/watch?v=oE7xMI6vIVs

2)      FSC All-Star Anti-Piracy PSA – full (retail use) version with text over picture:  http://www.youtube.com/watch?v=4xNzsTHA1nI

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The Free Speech Coalition (http://www.freespeechcoalition.com) is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

COSTA MESA, Calif. — During a meeting today, the California Division of Occupational Safety and Health Standards (CalOSHA) Board of Directors approved the formation of an advisory committee to consider amending current CalOSHA compliance regulations for the adult industry.

A group of adult industry representatives and stakeholders attended today’s meeting; including Free Speech Coalition (FSC) Executive Director Diane Duke; Adult Industry Medical Healthcare (AIM) spokesperson and neurologist Dr. H.A. Aranow; First Amendment attorney Paul Cambria; FSC California lobbyist Ignacio Hernandez; and performer Angelina Armani.

“I’m glad that they’re convening a committee,” Cambria said. “I hope that they choose someone responsible from the adult community to participate and I’m hopeful that, eventually, some workable regulations will be put in place.”

Industry members present at the meeting were allowed to speak to and answer questions from CalOSHA Board members. In commentary leading up to the approval of the advisory committee, several CalOSHA Board members recommended that adult industry stakeholders be allowed opportunity to sit on the committee.

“There are two good things that happened today,” Duke said after the meeting. “One, the voice of the adult entertainment industry was heard and we were able to tell the truth about the industry.

“Two,” she added, “a process has begun that can finally address blood-borne pathogen standards in an industry appropriate way.”

Formation of the advisory committee was in response to a petition filed by AIDS Healthcare Foundation (AHF). In December, AHF filed a petition with CalOSHA calling for changes to current adult industry compliance standards. The Los Angeles-based AIDS advocacy organization has been waging a campaign to mandate condom use on adult productions sets, and has stated that current CalOSHA regulations are insufficient.

Representatives from AHF were present at the meeting and also allowed to speak before the Board.

Adult content producer David Pounder also was in attendance, as an advocate of mandatory condoms for adult productions. During his commentary to the board, Pounder admitted that he does not always utilize condoms in his own productions.

CalOSHA will initiate the process of selecting advisory board members. Duke anticipates that the eventual amendment of compliance regulations will take more than two years.

Established in 1991, the Free Speech Coalition’s mission is to lead, protect and support the growth and well-being of the adult entertainment community.