-
Domain Name Registration Services What To Look For
Once upon a time, if you wanted to register a domain name, you could only do it by visiting Network Solutions at http://www.networksolutions.com/ and paying them whatever they asked for, about $35.00 per year.
Then ICANN, http://www.icann.org/, The Internet Corporation for Assigned Names and Numbers (ICANN) that is the non-profit corporation that was formed to assume responsibility for the IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions previously performed under U.S. Government contract by IANA and other entities, decided to change the rules.
The initial testing phase of the new competitive Shared Registry System for the .com, .net, and .org domains quietly began to take place in April of 1999.
It started with five participants who were the first to implement the new system for competition in the market for .com, .net, and .org domain name registration services.
Previously, registration services in the .com, .net, and .org domains were provided by Network Solutions, Inc. under an exclusive contract with the United States government.
In the two years since this program began, things have really changed.
Just this last week, ICANN reported that two of their registrars, Tucows and New York-based Register.com, had recorded more new registrations for Top Level Domains (dot-com, dot-net and dot-org) than VeriSign’s Network Solutions.
This marks the first time ever that VeriSign’s Network Solutions was out-sold by any of the registrars and signals that their past dominance of domain name registration is certainly fading.
Why?
Because besides others being allowed to make domain name registrations, these new registrars are also cutting prices.
The Rules have most certainly changed.
The Shared Registration System (“SRS”), ICANN’s accredited registrars program, allows people to submit application to become a registrar along with a non-refundable $1000 filing fee.After someone is accepted into the program then they must pay a yearly fee of $5000 to maintain their status as an accredited registrar.
This situation has created a very competitive environment which can only be beneficial to all of us as the price to register a domain name has fallen like a rock from a very tall building.
However, if you plan to register a new domain name using a virtual unknown registrar, make certain they do indeed have the legal accreditation from ICANN by visiting the ICANN web site and viewing their posted list of ALL accredited vendors:
http://www.icann.org/registrars/accredited-list.htmlIt will only take you a few moments to make sure you are dealing with a reputable vendor of domain names. Those few moments will make the entire process legal and worry-free.
Article written by Lee
-
Everybody’s Going Gay
The past few months in the online adult industry have seen some rather dramatic changes happen from Visa charging additional fees to accept their credit cards online, Paypal no longer processing adult and, several large companies going out of business. However, one thing that also seems to be changing for the better is the amount of webmasters looking at new niches to promote. Surprisingly, the one niche that many webmasters are looking at is that of the gay niche.
Where The Money’s At.
For years, the adult webmaster community has been split amongst themselves, those that are only focused on straight niches and, those that focus on gay niches however. As of late, more and more of those webmasters from the first group are looking to make additional income from the gay niche. With this inevitable surge in gay adult sites coming online, there are bound to be some knock-on effects, and those webmasters just starting to look at the gay niche, will return to what they know. However, for most, i think this is going to be a fruitful encounter with one of the industry less socially accepted markets. Many of the webmasters who have been concentrating solely on the straight market for their income are going to realize just how much money they have been losing out on for all these years. And with this realization, comes its own set of problems for the industry as a whole.The Gay Market.
Whether you are a straight webmaster or a gay webmaster the one thing that will become apparent is that your sites are going to reflect you in both, how they look and, the marketing techniques you use. More importantly, the attitude you have towards your gay surfers will in fact show through. Many of the straight webmasters whom, perhaps are not as tolerant towards this niche will, almost certainly fail before they can really get going. Marketing gay adult sites is far different than marketing straight adult sites. You have to know the surfer, understand what they want and, more importantly, know the terminology in the gay market. Many times a post can be seen on various message boards belittling those webmasters who are openly gay – often accompanied by terms such as ‘fag’, ‘queer’, ‘homo’, etc along with with images being posted that, quite frankly, would turn most people’s stomach.The gay niche is much more than just a single online market, it is a whole lifestyle unto itself. While this lifestyle is affluent (having an abundance of readily available money to spend) it will take a lot of work and perseverance to ensure you get your share of this market.
Starting Points.
As I mentioned above, the main thing many webmasters are going to have to learn are the terms of the gay market, what is a twink? A bear? A cub? What products work well on gay sites? Despite what most people think, you cant just throw up some banners with naked men on them and turn a profit. Match your content to a niche and then, match your advertising to your content, what use is it having bears on a site if, the paysite you are promoting features Teens ‘n’ Twinks?Similarly, your text links, ‘Click Here For Hot Gay Action’ might get you a few clicks but, by targeting your surfers even more, you will see how some of the gay niches can really turn a profit. The trick is this, get the surfer to your site and actually give them something that you think will suit their desires. This may mean making a 10% commission on a sex toy sale as oppose to a $35 commission on a pay site membership. And so be it. Those 10%’ers start to add up after a few sales.
In Summary.
To summarize, the gay niche will make you money however, to make money you will need to invest something that, perhaps isn’t for everyone – a lot of time and understanding. Marketing the gay niche isn’t for everyone, we have seen this too many times. However for those who are, spending time adding a gay market portfolio to there straight, with a little time increase your overall income significantly.Article written by Le
-
Domain Name Transfer Agreement
Domain Name Transfer Agreement
For most people, buying and selling domain names is a fundamental income provider for their business model, as such, you should ensure that when buying or selling domain names you should have a legal contract to assist in the transfer of sale.Domain Name Transfer Agreement.
This Agreement is made on the Day of 2001 between:
(1) [Your name and address goes here]. (hereafter referred to as the assignor) and;
(2) [The buyers name and address goes here]. (hereafter referred to as the assignee).
RECITALS:
(a) The parties have been in discussion concerning the transfer to the assignee of the registration of the designations ‘[full domain name goes here]’ and ‘[further domain name goes here]’ (whether in lower or upper case) hereafter referred to as (the “domain names”) as website addresses on the internet.
(b) The parties wish to reach a mutually acceptable arrangement in relation to such discussions.
Now therefore, in consideration of the parties’ mutual covenants and undertaking, the adequacy and sufficiency of which are acknowledged, the parties agree as follows:
1. The assignor hereby agrees to assign, and/or cause to be assigned, to the assignee the domain names. The assignor shall do such things and execute such documents as reasonably requested by the assignee at the assignees expense to perfect such assignment and shall comply with the standard requirements of [insert domain name registrar here] as in force at the time of this agreement.
2. In consideration of the parties mutual obligations under this agreement the assignee agrees to pay the assignor the sum of $$ [Amount in words goes here] [currency goes here, Dollars, Sterling Etc] immediately following notification that all of the domain names within this agreement have been recorded at the relevant registries as in the ownership of the assignee thereby evidencing the transfer of the domain names to the assignee.
3. The assignor, whether through himself, any alias and/or his servants or agents shall immediately cease and desist from and shall not resume using the domain names or any other designation whether a trade or service mark, trading name or domain name that contains words colourably similar to that of the assignee.
4. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks.
5. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks, cause enable or assist any third party to do the same.
6. The assignor represents and warrants that it has not, directly or indirectly, through any alias or in association with any other person or entity, filed, reserved, received or granted a transfer of license of any domain name that contains the trade marks or any word or words confusingly similar thereto in any country or federal, local government, region or state authority, or with [insert domain name registrar here], or any other internet registration agency. The assignor covenants that it will not, whether through himself, any alias, through his servants and/or agents undertake any such registration, filing, or reservation or cause or assist any such registration, filing, or reservation to be made, by itself, or in connection with any other person or entity.
7. The assignor represents and warrants to the best of its actual knowledge, as of the date of its execution of this agreement, that:
(a) The assignee has the right to dispose of the domain names;
(b) The assignor has not received notice of any existing or threatened claims or proceedings by any third party other than the assignee relating to the assignors use of the domain names;
(c) The assignor has not received notice that the domain names are subject to any outstanding order, decree, judgment, stipulation, written restriction, undertaking or agreement that would prevent the assignor complying with this agreement;
(d) The domain names are not subject to any lien, charge, security interest, mortgage, third party interest or other encumbrances;
(e) The assignor has not granted any licenses to or authorized any third parties (including any affiliate of the assignee) to use the domain names or any other confusingly similar domain names; and
(f) The assignor, does not own directly or indirectly through any alias, third party or likewise any other domain name containing words similar to that of the assignees.
8. Each of the parties hereto warrants and represents that the person (s) executing this agreement on its behalf has full authority to execute this agreement and bind it as a party to this agreement.
9. The terms and conditions of this agreement shall be maintained in confidence. No party may disclose such terms and conditions to any third parties other than to the attorneys, accountants, officers or members of the boar of directors of the assignee or assignor or otherwise without the express written permission of the other party.
10. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, clients, licensees, representative, successors, predecessors, and assigns. In this agreement words denoting persons shall include bodies corporate and unincorporated associations of persons and vice versa.
11.This agreement incorporated herein constitutes the entire agreement of the parties. It may be modified only in writing signed by both parties. This agreement may be executed in one or more counterparts, all of which shall constitute a binding agreement when one or more counterparts have been signed by each of the parties.
12. This agreement shall be construed in accordance with the laws of the [Your country goes here, United Kingdom, United States, Etc], and the parties hereto submit to the non-exclusive jurisdiction of the courts of the [Your country goes here, United Kingdom, United States, Etc].
13. Both parties acknowledge that if either party violates all or part of this agreement the other party may seek legal remedies to restrain any further violation of this agreement and in such a case, the violating party will be wholly liable for the cost of any such order.
Signed by: ……………………………….. Date: ………………………..
For and on Behalf of [Your company / legal name].
Signed by: ……………………………….. Date: ………………………..
For and on Behalf of [Buyers company / Legal name].
Article written by Lee
-
How To Use ALT Tags On Your Sites
One simple technique can improve your search engine rank, make site navigation easier, and increase the accessibility of your site to disabled visitors. Yet, as many as 78% of sites don’t use it! Boost your site’s profile with human visitors and search engine spiders with the <ALT> tag.
Inserting ALT Text
Adding <ALT> descriptions to your <IMG> tags is quick and easy. You don’t have to do any complex HTML coding. If you can describe your image or link, then you can add ALT tags to your code.
We’ve used some examples below:
<img src="thumbnails/porn.jpg" width="100" height="78" ALT="Explicit Teenage Sex Pictures">
You can also include an ALT tag when your image is a link:
<a href="porn.html"> <img src="thumbnails/porn.jpg" width="100" height="78" ALT="Explicit Teenage Sex Pictures"></a>
Ideally, your ALT text descriptions should be complete sentences, rather than a list of keywords or obscure phrase like “company logo small 2.” Remember that all visitors are likely to see (or hear) some version of your ALT text so be sure that it’s meaningful.
Optimize ALT Descriptions For Search Engines
Besides helping human visitors, ALT descriptions help you rank higher in some search engines. AltaVista and Google are two of the search engines that use ALT descriptive text when they rank Web sites. The growth of search engine/directory partnerships means that a high rank in one engine can often translate into an improved rank on its partner sites.
Search engine algorithms calculate the number of times keywords are repeated and give higher rank to pages that use them often. Keywords in the ALT descriptive text help you increase their frequency on the page. Search engines assume the terms are more relevant and important if they’re used in the page content, not just listed in the META tag.
For instance, the descriptive text in the example code uses keywords and keyword phrases from the META keyword tag: Explicit Teenage Sex Pictures. Since these are relevant to the site’s content, they’re easy to include as descriptive text.
If you’re having problems choosing relevant, targeted keywords, refer to this article, How To Pick Your Keywords. It provides helpful tips about selecting keywords and using them to improve your search engine ranking.
Make Your Web Site Sticky
ALT tags help you promote your site in another way too: they help make it “sticky.” Sticky means that visitors stay at your site longer so they see your advertising and purchase your memberships. Visitors who feel comfortable at a site will stay longer – and hopefully return more often to make further purchases.
Disabled visitors who use text-only or spoken word browsers rely on the ALT text for clues about the image’s content and function. This can be a lucrative audience: they represent a worldwide audience of 750 million and spend twice as much time online as the average user. But it isn’t just a disability issue: ALT tags make your site more accessible to everyone.
Visitors see your ALT text while the images are downloading or when they mouse over images. The descriptive text helps them decide if they want to wait for an image to download or move on to a different page. If your image is also a link, then visitors can read the explanatory text and quickly jump to the section they want.
Site navigation is easier, so impatient visitors are less likely to leave the site.
Don’t Follow The Crowd
ALT tags are a small addition to your HTML code that can make a big impact on your site. Since many of your competitors don’t use them, give your site and edge and include them on all images.
Article Written By Lee
-
Records Keeping Compliance Checklist for European Content Providers
More and more European Content Producers are choosing to do business with American. webmasters. While citizens of foreign countries cannot be compelled to comply with United States’ restrictions on the creation of adult material, business realities are forcing foreign content producers to consider voluntary compliance. American webmasters, painfully cognizant of the increasing need to focus on legal compliance, consistently reject foreign content that is not produced in compliance with 18 U.S.C. §2257. Non-compliant content not only increases the risk that an underage model could slip through, but failure to strictly comply is itself a federal felony, exposing those involved to a 2-year prison term. Given the substantial compliance motivations involved, foreign content producers are expected to adopt the U.S. requirements as the global standard for creation of sexually explicit imagery. The following constitutes a bare minimum checklist for compliance with the requirements of Section 2257:
1) Assume that all erotic images require Section 2257 compliance: While the law only applies to actual “sexually explicit activity,” it is ill-advised for the content producer or the webmaster to attempt to guess which images require compliance, and which can be safely distributed without compliance. Since child pornography does not require the depiction of sexual activity to meet the federal definition, such distinctions can be risky business. And, in any event, a release given by a minor normally is not enforceable.
2) Obtain a signed compliance form created by a competent attorney: Section 2257 requires that certain records be created containing certain information. The right form is the best place to start.
3) Obtain, at a minimum, the following information from each model:
a. Date Of Birth
b. Legal Name
c. All other names, aliases, nick names, stage names, and maiden names
d. Social Security Number
e. Copy of Government-Issued Identification containing a picture; preferably 2 pieces of identification. Note the requirement that the producer actually examine the identification document, not just the copies.
f. Address, phone and other contact information
g. The model’s signature
4) Require the model to execute a binding model release prepared by a competent attorney. The images are only as legal as the model release backing them up. If all relevant rights have not been transferred and released by a valid model release, both the webmaster and the content producer are subject to claims once the content is displayed on a Web site.
5) Maintain the records so that they are cross-indexed by the models’ legal names and stage names and by web page. Alternatively, provide copies of all records to the webmaster if the webmaster will act as Records Custodian. You need to discuss the particulars of this with an attorney, because each circumstance may be unique.
6) The Records Custodian should maintain an off-site backup copy of the records: What happens if there is a fire or a government seizure?
7) Include a conspicuous records custodian disclosure on all CD’s / DVD’s containing erotic imagery, including the full legal name of the custodian and physical address where the records are kept. The disclosure should also certify that all models are over the age of 18, and include the date when the content was first created, published or republished. Placement of the disclosure on the product should be reviewed by an attorney.
Only through strict compliance with the mandates of Section 2257 will American webmasters fully embrace content produced overseas. The right compliance procedure will open profitable markets for foreign content producers, and result in a wider variety of adult content for both webmasters and consumers.
Article written by Lawrence Walters
-
Newbie Webmasters – What Is A Newbie?
Newbie Adult Webmasters are something that is good for the adult industry as a whole. As more Newbie Webmasters join the adult industry the way in which things are done change and, more importantly, the way in which the newbies themselves get taught changes however, just what is a ‘Newbie’ when it comes to the adult industry? This is what we will take a look at in this brief article.
Adult Webmaster Newbie – The Differences.
Irrespective of what anyone tells you, everyone in the adult industry is a newbie its just a matter of figuring out what they are a newbie at. For example, personally i have just taken to learning PHP as a programming tool, i have never coded anything before so, i am officially a php newbie. Likewise there are webmasters who have never built a TGP gallery, they are TGP newbies, in fact, every facet of the adult industry has its own newbies some of them have been around for days whilst others have been around for many years. Going by the ‘true’ meaning of the word however, a newbie is someone who knows very little about very little.Message Board Newbies.
At some point or other every webmaster will want to start posting on some of the industry’s message forums, whether this is to make friends or ask advice you will instantly be branded a newbie from your first post, if this isn’t the case, make sure that you give a brief history about what you do in the adult industry and, more importantly, how long you have been doing it, don’t go overboard however, just give enough information to let others know what it is you are doing on the message forum.Newbie Adult Webmasters – Overview.
The perception of newbie webmasters is that many of them do not know what they are doing however, just because someone hasn’t heard the name before on a specific message forum this doesn’t mean the webmaster is in fact a true ‘newbie’ we all need to ensure that when using the term newbie we don’t make ourselves look like newbies in the process.Article written by Lee
-
Adding Images To Your Web Pages
The Basics
Adding Images To Your Web Pages – The Basics.
So you have just got into the online adult business but don’t know your ass from your elbow, you have the simplistic stuff relating to HTML down but, you want to find out how you can start adding banners and images to your pages here is a quick guide to help you on your way.
What Is An Image?
The answer, is, believe it or not simple, An image is a picture on a page of your website. There are however, many way to display images on your site from the size of it to the overall effect you want the image to have on your HTML page and from borders around the image and many other things.
However, I don’t want to blind you with information at the moment considering you need to actually know the basics of adding images before you can start using fancy styles and the likes.
Adding A Basic Image.
The HTML code to add an image on any HTML based page is a straight forward one however, before you can use this HTML tag you need to know where on your page you want the image to appear.Now that you have decided where you want your image to display you need to use the image tag, the HTML coding to place an image on your page should be IMG. Also, you will need to tell your page where you want the image to come from or, in other words, you need to tell it the source of the image you want to use the HTML tag to do this is SRC.
For example, lets say you have an image called porn.gif (you need to include the extension in your SRC coding) you would display this image on your page using the following code:
<IMG SRC=”porn.gif”>
Simple huh?
Well, actually, maybe not, for example, what do you put if the images you are linking to is NOT in the same location as the page you want it to appear on? That’s not a problem, all you need to do is use the FULL location of the image in your IMG HTML tag like this:
<IMG SRC=”http://www.domain.com/images/porn.gif”>
You should now be able to include images on your pages without any problems.
Image Sizes.
Ok we can now include an image on our pages but, what if we want to make this image fit the feel of the rest of our page / site, how do you manipulate the graphic to ‘look’ right?There are a number of ways images can be manipulated for example, if you want the image to be 100 pixels wide by 100 pixels high you can add the WIDTH and the HEIGHT tag to your HTML coding like this:
<IMG SRC=”http://www.domain.com/images/porn.gif” WIDTH=”100″ HEIGHT=”100″>
That will now resize your image into a square that is 100 pixels wide and high.
Now we have the image on our page in the right size we require what else can we do with it? Read on..
Borders + Colors.
In addition to placing the image and resizing the image on our pages we can also add a border and, a border color to the mage to make it stand out if needed for example:<IMG SRC=”http://www.domain.com/images/porn.gif” WIDTH=”100″ HEIGHT=”100″ BORDER=”2″ BORDERCOLOR=”FF0000″>
As you can see we have now added the two tags ‘BORDER’ and ‘BORDERCOLOR’. The first ‘BORDER’ tag tells your HTML what size of border you want around your image and, this can be any size you want to make the image stand out on your page. The second ‘BORDERCOLOR’ tag tells your HTML code what color you want the border to be again, this can be any color you like to match the rest of your sites pages.
Linking An Image.
In addition to resizing, adding borders and colors we can also link our image to a specific URL (the most common form of this is with banner advertising) and, if you want to link your image to a URL you would use the following coding:<A HREF=”http://www.sponsorsurl.com”><IMG SRC=”http://www.domain.com/images/porn.gif” BORDER=”2″ WIDTH=”100″ HEIGHT=”100″ BORDERCOLOR=”FF0000″>
This will create an image that is 100×100 pixels in size, with a border size of 2 pixels in the color FF0000 that is linked to http://www.sponsorsurl.com
Also, the order of the HTML tags we use is not important however, you should try to get used to arranging them in a certain way to make your work easier if it ever comes to editing your images.
Hopefully this has been of use to you and you can now see that adding banners and images to your sites isn’t as daunting as you first thought.
Article written by Lee.
-
Pop Up Consoles Work – To A Point
As webmasters we are constantly thinking up new ways to generate sales to our sponsors however, the one medium to generating sales that has been and most likely will remain to be popular is the method of using consoles on our sites. Whether these are exit consoles, blur consoles or, on entry consoles one thing holds true, the more consoles you use, the more you annoy your surfer.
Marketing Console Numbers.
Through some research of my own i have noticed that a trend appears when the use of consoles on our sites takes effect this trend is that anything after the first console you use actually cuts your chances of making a sale in half, thus, the maximum amount of pop up consoles we should use on our sites, in my humble opinion should be two or three at the very most.Console Sales Figures.
Okay lets take a look at some average (signups per month divided by days in the month) sales figures based on a three month period (sending roughly 10,000 hits per month).Average signups to sponsor (A) = 113
Sales From Console (1) to sponsor (A) = 11
Sales From Console (2) to sponsor (A) = 2The setup above uses pop up consoles in the following manner, on entering the site you get a Blur Console which hides itself behind the current page you are viewing, once you close the current page you see the blur console, once you close the blur console you see a smaller console, once you close the smaller console, the browser window closes altogether.
Evaluating The Figures.
From the above figures we can see an immediate pattern, namely that console (1) makes up roughly 10% of our total sales and also that console (2) makes up roughly 20% of console (1) sales. Putting these figures into practice across further consoles will show you that by utilizing any more than 3 consoles on your sites really does not amount to any significant raise in sales unless you send a higher amount of traffic to your sites in the first instance.Console Sales – Recap.
We have now seen that from a steady flow of traffic over a monthly period we can influence the potency of specific consoles within our exit chains and, by analyzing the figures we get from these consoles we can almost certain figure out firstly, the correct (or comfortable) amount of consoles we use on our sites and secondly, that the more consoles we add to our sites, the lower the potential sales figures will be from each subsequent console.I will be the first person to admit that overall pop up consoles are an excellent marketing tool however, the figures above show that the more consoles we use, the less chance we have of making a sale further down the chain, use consoles wisely and they will benefit you however, abuse the use of pop up consoles on your sites and not only will be wasting bandwidth, youll be wasting a surfer too.
Article written by Lee
-
Building A Surfer Trap – Stage 3
Building A Surfer Trap – Stage 3.
You should hopefully by now have a basic looking surfer trap ready on your server and on your hard drive.
Now we need to start to ‘dirty’ this surfer trap up a little.
We have already added 1 pop-up console to each of the FPA’s including the Multi-Site FPA.
For the next step in this ‘dirtying’ process we need to add some additional links onto each of the FPA’s including the Multi-Site FPA.
On the FPA’s what you need to do is create a ‘no thank you’ link so, if your surfer does not want to visit the site for the FPA you have sent them to you can send them to an alternative.
This no thank you link can go to one of two places, you need to decide where you feel the traffic can be best utilized however, from my experience i would highly recommend using this first method:
Link the ‘no thank you’ text on each of the single site FPA’s to another DIFFERENT niche FPA in your surfer trap so, as an example, if your surfer is on the All Petite FPA in your trap, the ‘no thank you’ link would lead to Just Toon’s. If they decide not to go with the Just Toon’s site, the ‘no thank you’ link on this FPA would go to Gay Ultra and so on, you need to ensure however, that the ‘no thank you’ link goes to a completely different niche to the one of the FPA the surfer is currently on.
The second option you have is to link the ‘no thank you’ text to the ARS POTD (picture of the day) program. This will be your last chance at selling the surfer to one of the ARS pay sites.
In addition to the ‘no thank you’ link on each of the FPA’s you also need to add a small table to the Single-Site FPA’s. ideally this should be four columns across and 2 rows down. This will give you 8 places to put a one or two word link going to another different niche FPA than the one the surfer is currently viewing however, you also need to ensure that these 8 links are going to a different FPA than the ‘no thank you’ link you have created.
The above stage is where we could potentially start to lose people in the instructions therefore if you have ANY questions or queries regardless of how small they may be please post on the forums.
This stage should hopefully only take you a couple of hours to complete and, once you have tested all of the links and uploaded the FPA’s to your server you are all set for the next MAJOR step in this project…. Generating Fresh Traffic.
Article written by Lee
-
Obscenity – Put It To The Test
Regardless of how long any of us have been an adult webmaster we all need to be
aware of obscenity laws and, in particular how they affect our businesses
whether we think a hardcore photoset is ‘obscene’ or not ultimately, if you get
taken to court on obscenity charges the one thing you should be aware of is how
the courts will decide whether the images you are using will be classified as
obscene or not.Testing Obscenity – The Miller Test.
The Miller test was developed in the 1973 court case of Miller vs. California
and in comprises of three parts ALL of which MUST be satisfied on order for
something to be deemed obscene by the courts. The Miller test is the ‘official’
method used by the United States Supreme Court for determining whether an
expression or a speech can be determined as obscene and, if deemed obscene, it
is not protected under the First Amendment and is therefore prohibited by law.The Miller Test – Part One.
Part one of The Miller Test states something may be obscene if ‘the average
person, applying contemporary adult community standards, would find that the
work, taken as a whole, appeals to the prurient interest’ In essence, this
means that if the ‘average’ person on a jury or on the bench finds the work to
be deemed obscene then, it is. However for the court to rule something as
obscene it also has to be deemed obscene by the standards set in part two and
part three below.The Miller Test – Part Two.
Part two of The Miller Test states that something is potentially obscene is
‘the average person, applying contemporary adult community standards, would
find that the work depicts or describes, in a patently offensive way, sexual
conduct’. Basically this is saying that if the images or speech is something
which is not practiced in a manner befitting your local community standards
then again, it may be obscene. However, as with part one of The Miller Test for
a court to find something obscene it needs to fall below the standards in part
three below.The Miller Test – Part Three.
Part three of The Miller Test states that something is potentially obscene if,
‘a reasonable person would find that the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.’ This is pretty much where
you could potentially come unstuck after all, everyone has different sexual
tastes and because of this, just because something that may be widespread such
as ‘bare backing’ (to use as an example) could potentially be considered as
obscene if you happen to have a jury who are devout practicers of safe sex.The Miller Test – Overview.
In essence The Miller Test is a useful guideline for webmasters when it comes
to operating our sites and specifically, when it comes to choosing the types of
content we utilize on them however, for the most part The Miller Test itself is
outdated. Since the early 70’s when this test was devised there have been many
sexual practices that were once deemed obscene that have become more a part of
everyday life and accepted in to society as whole thus, what once would (or
could) have been deemed obscene would no longer be in the same sense as
something that may be deemed obscene today could be found not to be in 5 years
time.Article written by Lee
Premium Sponsors
Categories
- 2257
- Billing Solutions
- Blogging
- Branding
- Content
- Domain Names
- Employment
- Forms & Contracts
- General
- Hosting
- Link Lists
- Opt-in Mail
- Paid Traffic
- Pic Posts
- Promotion
- Scripts
- Search Engine Optimization
- Sponsors
- TGP
- Traffic
- Tutorials
- Viral Marketing
- WebDesign
- Writing