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Bob Bain

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Pornography and Copyright [Jun. 15th, 2008|03:14 pm]
Bob Bain
[Current Mood |hungryhungry]

In a reply to gemsling I mentioned the Danish Company Color Climax which were one of the first involved in the liberalising of sexual imagery and pornographic content in the '60s and '70s.

A google search on the issue brought up this item I posted to the ANU Link list August 2002


I must have missed this news item back in 1998.


In 1998, an Internet User known by the alias "Bile", posted thousands of copyrighted COLOR CLIMAX works to Usenet News.

After numerous warnings from the COLOR CLIMAX Legal Department and their outside lawyers, COLOR CLIMAX sued "Bile" in the U.S. District Court in New York.

"Bile's" response was the following:

"You have no idea who you are fuc*ing with. I suggest you take that little lawsuit and run."

COLOR CLIMAX did NOT run. In the law suit filed on July 31, 1998, the United States District Court for the Eastern District of New York entered the following order:

1. That Defendant be permanently enjoined from infringing or aiding in the infringement of Plaintiffs' copyrighted works.

2. That Defendant provide accounting for all gains, profits and advantages that he derived from infringing Plaintiffs' copyrights.

3. That Defendant turn over to the Court and to Plaintiff's attorneys a list of all customers to which he sold Plaintiffs' intellectual property.

4. That Defendant turn over to the Court and to Plaintiff's attorneys CD-ROM recorders, personal computer(s), modem(s), and hard disks.

5. That Defendant's domain name "bilesasylum.com" have its registration canceled with Network Solutions, Inc., the domain name registrar.


I wonder if this applies under Australian law.....

Color Climax is a Danish producer of pornography (dare I call it that) and I wasn't aware they were still in business.

I believe they were one of the "first" to produce commercial pornographic films and I'm surprised to discover they are still in business. There isn't quite the stigma attached to porn in Denmark as there is in other parts of the world, hence they seemingly take copyright seriously. I believe that many of the video tapes available in Sydney are purportedly an infringement of copyright (according to one US producer of such material). When I informed him that his videos were available in Sydney he replied "pirates have no overheads" although as far as I can tell he didn't take it any further.

I must admit I don't see "Color Climax" videos in Sydney shops..


"We are taking the protection of our intellectual property as seriously as any other part of the business that we have built over 32 years, and may protect our rights by filing lawsuits against any violators without prior notification!"


Now according to TREWTHE November 24th 2007 questions were being asked..

So the questions persist. Are the U.S. feds knowingly allowing child porn to be copyrighted, re-produced, advertised and distributed worldwide? Are the U.S. feds conspiring with adult companies to protect them from child porn prosecutions?

Or did the U.S. feds lie under oath about the ages of Tove Jensen and the long-haired blond female, and have enlisted third parties, including members of Congress, to cover it up. What is the trewthe?

As I pointed out to Hetty Johnston there is only a requirement in Australia regarding age in respect of the display of sexual imagery to children but NO labeling requirements regarding the age of the models as there are in the United States of America.

She agreed (during our very brief interchange) that the US was far more stringent when it came to labeling adult material (with regards to the age of the performers). It is something I may follow up with her as I have her business card - and apart from the underage issue it appears that she may be liberal towards explicit sexual content - something the New South Wales government (currently in a state of almost total disintegration), the Federal Government of Australia and it's agencies are (and have been) very lax about - given that the only attitude of the Australian Labor Party is BAN BAN and BAN !

[User Picture]From: gemsling
2008-06-15 11:37 am (UTC)
More stringent labelling seems like a worthy idea, at least for the protection of producers and consumers. Young performers are popular subjects in porn and it seems like business suicide to not keep records with proof of age.
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[User Picture]From: bobbain
2008-06-15 10:22 pm (UTC)
More stringent labeling seems like a worthy idea, at least for the protection of producers and consumers. Young performers are popular subjects in porn and it seems like business suicide to not keep records with proof of age.

More stringent labeling was proposed by the Hon. Peter Breen MLC and I have also responded to a request for submissions into labeling with the former OFLC. As it stands the majority of films on sale in New South Wales bearing an "X" classification are NOT and HAVE NEVER BEEN rated "X". Many appear to involve what could be underage people from Asia.

Complaints were made to the Commonwealth Ombudsman regarding this issue as I followed the instructions of the former State Attorney General the Hon Bob Debus MP to the former Hon Jackie Kelly MP.

Mr. Debus would be aware of the stigma attached to being referred to as a pedophile as such an allegation was made in the New South Wales Parliament (dismissed by the police). I often brought these matters to the attention of the former member for Lindsay. I believe her husband is facing continuing legal proceedings regarding the Lindsay flyer issue.

It is a Federal rather than a State issue and I am awaiting a reply from the Hon. Kevin Rudd with regards to these matters.


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