LEGAL BRIEFS
“…[W]e reject the concept that a commercial purpose is shown merely by a one-time posting to an Internet newsgroup. Posting photographs on an Internet newsgroup is not dissimilar from posting photographs on a cork bulletin board…there must be some other evidence, e.g., some indication that the photographs are intended for sale or are intended as advertisements for future sales.”
Adult webmasters should note that in California there is a lesser penalty for posting minors on the net even if it is not done for commercial purpose.LEGAL BRIEFS
“…[W]e reject the concept that a commercial purpose is shown merely by a one-time posting to an Internet newsgroup. Posting photographs on an Internet newsgroup is not dissimilar from posting photographs on a cork bulletin board…there must be some other evidence, e.g., some indication that the photographs are intended for sale or are intended as advertisements for future sales.”
Adult webmasters should note that in California there is a lesser penalty for posting minors on the net even if it is not done for commercial purpose. In short, if you post underage models, you will go to the gray motel, aka, prison. Regardless, many legal standards unrelated to child porn that regulate the adult industry are based on the concept of commercial purpose. The Cochran case clearly establishes that merely posting to a newsgroup does not constitute evidence of a commercial purpose. So what does?
Evidence of a commercial purpose in California can include, but is not limited to:
Sophisticated lighting that would not be found on a home video
Testimony that the product was produced for commercial gain
A narrative voice on the tape highlighting the participants or acts
Reproduction of the video
Conclusion
In no way does this case review seek to support child porn. The Cochran case is, however, a good basis for establishing the phrase “commercial purpose”. Many webmasters have asked us whether their postings to newsgroups constitute pursuing a commercial purpose. In California, the mere posting of a picture does not. If the Webmaster is placing advertisements or links with the picture to create traffic to their site, then it is the opinion of the author that the “commercial purpose” standard has been met and that the Webmaster should act accordingly. It should be further noted that a case brought in a state other than California may employee a different standard. If you have specific questions regarding a particular state, please contact us at www.AdultInternetLaw.com, or at adultlaw@yahoo.com .
