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GADGETS AND GAMES DIRECTORY :: > Business Register Weblog >  Business Tech Weblogs - WEEKLYBITS.COM GADGETS AND GAMES DIRECTORY
Silicon Alley Insider
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Address URLhttp://www.alleyinsider.com/    Registered: 22-Mar-2008
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Visit What's Really At Risk At A Federal Obscenity Trial? About Four Years In Prison What's Really At Risk At A Federal Obscenity Trial? About Four Years In Prison in General
By Silicon
el 04-Oct-2008

maxhardcore.jpgWe know that if you publish pornographic material on the Internet, federal prosecutors can choose to bring trial against you almost anywhere in the nation. And if Paul F. Little's (a/k/a "Max Hardcore") prosecution is any guide, figure a conviction means about 4 years in the pen, minimum security.

Little sold DVDs over the Internet the Tampa Tribune describes as including "scenes of vomiting, violence and urination." But Little, who lived and worked in California, found himself on trial for 20 counts of obscenity 2500 miles away in Florida. Why? On the legally novel reasoning that Little should be held accountable to Tampa's "community standards" because his Web site used servers physically based in Florida. Federal prosecutors were right in thinking a Florida jury would take a dim view of the Californian's films -- Little was convicted on all 20 counts.

The sentence came down this week -- Little gets 46 months in federal prison, mininum security. Three additional years of probation when he gets out. And $15,000 in fines (half personally, half his company) on top. Under federal sentencing guidelines that's the minimum jail time, but if Little wasn't already on probation for a DUI he might have shaved another 5 months off his sentence.

Given the ease with which extreme images can be found on the Internet, picking on one guy and throwing him in prison for four years seems harsh to us. But then, you can argue he got off easy -- the 20 counts of obscenity Little was convicted of carried a potential penalty of 100 years.

Little plans appeal.

See Also: Do The Good People Of Florida Think Your Website Is Obscene? You Better Hope Not.



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04-Dec-2008

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