- Edited
argyle43 Maybe you should add something of value to the thread?
argyle43 Maybe you should add something of value to the thread?
petermc It's absolutely a legal issue in that card companies don't want to be sued into oblivion if they inadvertently process 'obscene' content.
The reason GoT can show incest and adult sites can't comes down to the aforementioned 'obscenity' and 'artistic merit'. GoT is not an incest porn series. There is an actual non-sexual plot that takes up the bulk of each episodes. Your average person is not watching GoT for the bits of incest sex here and there (and really, there isn't much outside of the very first episode). Conversely, your average person watches adult content for a very certain reason which may or may not have enough artistic merit to keep it from being considered 'obscene'. This is the fine line card companies need to take when accepting our business.
Again,. bankers, card companies, etc. would LOVE to process everything legal and not have to worry about it, but the law of the land plus America's litigious nature makes this difficult. So again, if you want to see more currently proscribed content, lamenting on this forum will not help. You will need to contact politicians or consider running for office.
LordCrash I don't know too much about Legal Porno, but from what I've seen from "gray area" paysites (ie, with themes that push the line), they are VERY careful with the wording they use on the site and in their movies to push the 'processing OK' line at times, but never cross it.
Per non-USA, sure, EU can make their own credit card from scratch if they want. It will only take many billions of dollars. And it would be economic suicide for SLR or most any site to solely focus on this region while not accepting major credit cards. Fortunately, while a 'EU card' does not seem to be happening, there are more and more alternative payment options and perhaps we may get to a point where a paysite could theoretically attempt operating without accepting regular cards, but that day has not yet arrived.
I think at the end of the day--and data from what I've seen backs this--most users don't really care about out of the box content. Most simply want to see vanilla content of pretty people having sex together. Please keep this in mind.
ZENRA You will need to contact politicians or consider running for office.
I'm not an American citizen. I live in the actual free world that isn't dominated by puritan morals and pathetic sexual double standards.
And I do think that major players in the porn industry should actually strive for payment methods and production and company locations that are not restricted by ridiculous 18th century ideas. It should actually be one of their very top priorities - at least if they don't run their business solely based on monetary reasons.
ZENRA Per non-USA, sure, EU can make their own credit card from scratch if they want.
They don't have to. In the EU Belgian courts already have the exclusive jurisdication for the application of laws based on Masterdata's rules and standards. Therefore American people can't sue Masterdata in the US for stuff that European companies do with Masterdata services within the EU.
But you need a company that is based in the EU, of course. Then you are protected by European laws, no matter what you do. That's kind of the point of the thread.
LordCrash That's kind of the point of the thread.
there is no longer a point to the thread. You made a suggestion to SLR to start a new site. The owner responded immediately that they wonβt be doing this and even told you why. What further point is there other than you yelling at the wall for the sake of yelling at the wall? There, I added something to your now pointless thread and I still couldnβt care less about any of it
ZENRA when has that ever happened? When Max Hardcore was prosecuted, no one went after the credit card company, they went after the guy who produced and βtransportedβ the content both over the internet and in the mail. He still runs a website btw showing all the stuff that was considered obscene except all audio relating to ageplay has been removed.
No one is suing a credit card company because they happen to process a payment for a third party billing provider that is deemed to be obscene, not that any of this stuff weβre talking about would be classed as obscene anyway. Maybe if it was underage people involved and they could prove Visa/Mastercard knowingly processed payments for actual illegal content. Are they supposed to watch every scene though on every porn site in the world to make sure someone says βstepβ dad or that the girl doesnβt swallow the pee. No way would they ever be held liable and their unlimited army of lawyers would see to that anyway. Itβs literally just them bowing to the religious right wing zealots in the US by imposing their own moral judgment to ban perfectly legal material.
stst12 Those sites are not registered in the EU I'm sure. Though they could be, but i think not.
@LordCrash
Exporting uncensored JAV content is illegal. SLR would have to close down the .jp site and no Japanese studios will post any more videos to us either.
The models in those videos will also risk no longer being hired by actual legit studios, risk getting fined and even jailtime. Instead of gaining JAV, we'd be losing all Asian content shot in Japan.
Many uncensored 'JAV' is also shot outside of Japan. But the models still run the risk mentioned above when returning to Japan.
ZENRA That's not legal in Belgium.
I've been looking to start a studio in Belgium.
The laws here are pretty difficult to run a studio. Not impossible, but most stuff porn studios rely on, are simply illegal here. ie model bureaus (if it's sexwork)
It's even illegal to hire a hooker for a friend. That's considered pimping.
Many models prefer using a bureau because they don't have to share their personal information that way. Like their address, real name, VAT number, etc.
argyle43 I donβt believe Justsomedude is the owner but I donβt doubt that heβs absolutely correct in what he said. Iβm not asking for a Euro SLR, itβs not my thread. It just irks me when people try to make out porn kinks are βillegalβ when theyβre absolutely not, not even in the US.
Rakly3 Exporting uncensored JAV content is illegal. SLR would have to close down the .jp site and no Japanese studios will post any more videos to us either.
I requested no such thing in this thread actually so there's maybe a misunderstanding. This is about content that is produced in Europe and that is offered to European customers (but e.g. not to Japanese and American users due to their respective legal situation in their countries).
Belgian law is applied to ALL business that is conducted via Mastercard in the whole EU. You can have a company registered in Czech Republic and if you use Mastercard services their legal jurisdiction for your business is in Belgium.
And replying to a feature request with "Do it yourself" is kind of pointless.
petermc Visa/MC leave the enforcing to their merchant partners who are their actual customers. Those with plastic in their wallets and those who accept the cards on their sites and stores are not their actual customers. Real proscribed content does not make use of direct processing but various workarounds (such as in most situations being crypto-only).
I suggest anyone here interested in credit cards and our industry to listen to the Hot Money podcast (the last two episodes I think in particular cover this).
ZENRA I know
It was more a response meant for LordCash, but on your comment.
LordCrash
There is no such obscenity law for porn in most European countries. People just don't care. That's kind of the point...
There literally is. I only know this because I happen to be looking into Belgian laws around porn. It doesn't have a specified list of what this includes, however. I know it does include bestialities, necrophilia, enactment of sexual abuse.
(S&M is not sexual abuse. At the same time, sexual abuse doesn't have to be physical.)
Edit, found it. Art. 417/51
Production or distribution of content of an extremely pornographic or violent nature
- The production or distribution of content of an extremely pornographic or violent nature is the display, offering, selling, renting, broadcasting, supplying, distribution, making available, handing over, manufacturing or importing, by any means whatsoever, content of an extremely pornographic or violent nature.
- Extreme is understood to mean any content that is so pornographic or violent that it is of a nature to produce traumatizing or other psychologically harmful consequences for a normal and reasonable person.
- This crime is punishable by imprisonment of one month to two years and by a fine of two hundred euros to two thousand euros.
and also partially Art. 417/43 (depiction of a real or non-existent minor, or acting as a minor, is illegal.)
- Any material that involves the visual representation in any way of a person who looks like a minor and who participates in real or simulated explicit sexual conduct, or that involves the representation of that person's genitals for primarily sexual purposes;
- Realistic images depicting a non-existent minor participating in explicit sexual behaviour, or representing the sexual organs of that minor for primarily sexual purposes.
Source: https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la=N&cn=1867060801&table_name=wet
Rakly3 Hmm according to your post taboo content is viable for these laws. You even store studios like TabooVRPorn or any other studio who does taboo content yet you say if we do it we are on the edge of losing. I see hypocrisy here. I actually don't understand when the concept has high audience yet it is so overlooked.
stst12 https://youtu.be/kZVd659gxd0?t=28
This clip from Fight Club should help explain why some taboo is allowed but not all. Wording (including dialog in the movie) is VERY important when ti comes to compliance.