The document discusses different legal standards for determining what constitutes obscenity, indecency, harmful material for minors, and child pornography according to US court rulings. It also discusses copyright infringement lawsuits involving pornographic websites and perfect10.com's numerous lawsuits against companies like Google, Amazon, and others for hosting infringing content. The document further examines Ukrainian laws banning pornography and imposing criminal penalties for importing, producing, selling or distributing pornographic images or videos.

1. Copyright & Cyberporn
Zerov Kostiantyn.
Ipjurix IP Law company Image credit
TIME Magazine Cover/ Cyber Porn - July 3, 1995

2. There's a lot of porn piling up on the Internet.
Doesn't download itself. - Dr. Gregory House
(House M.D.: Season 3, Episode 20).
IMAGE CREDIT: FOX BROADCASTING

3. USA
When it comes to pornographic material, the courts have recognized categories of
harmful speech
Something in speech doesn’t end the First Amendment inquiry.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the government for
a redress of grievances.

4. Obscenity is: “(a) whether the average person, applying contemporary community standards, would find
that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in
a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether
the work, taken as a whole, lacks serious literary, artistic, political or scientific value.” [Miller v California, 413
U.S. 15 (1973) ]
Indecency is: “language that describes, in terms patently offensive as measured by contemporary
community standards for the broadcast medium, sexual or excretory activities and organs, at times of the
day when there is a reasonable risk that children may be in the audience.” [FCC definition, quoted in
Pacifica]
Harmful to minor is: “(a) patently offensive to prevailing standards in the adult community as a whole with
respect to what is suitable for minors; (b) appeals to the prurient interests of minors; and (c) is utterly without
redeeming social importance for minors.” [Ginsberg]
Child pornography is: “works that visually depict sexual conduct by children below a specified age, where
the category of “sexual conduct” proscribed is suitably limited and described.” [Ferber] In the New York
statute’s case, “sexual conduct” was defined as “actual or simulated sexual intercourse, deviate sexual
intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.”
Pornography is: ?????
Quote from: Goldman E. INTERNET LAW: CASES & MATERIALS / Eric Goldman. – Lexington, KY, USA: Santa Clara University School of Law, 2015. – p.250

5. Terms of Use (Pornhub)

7. In 2010, Mansef Inc. and Interhub were sued by Pink Visual, Ventura
Content, for the copyright infringement of 95 videos on websites,
including Pornhub, Keezmovies, Extremetube, and Tube8. According to
Ventura Content the 45 videos were streamed “tens of millions of times”
and they claimed the piracy threatened the "entire adult entertainment
industry.” The suit was settled in October 2010. Most of the terms of the
settlement remain confidential. The parties agreed that the site
operators would implement digital fingerprint filtering on their sites.1
1Ventura Content, Manwin Settlement Includes Vobile Provision[Electronic resource] Access mode: http://www.xbiz.com/news/125964

9. Why So Serious?

11. Perfect 10 v. Google
Perfect 10 v. CCBill
Perfect 10 v. Amazon
Perfect 10 v. Rapidshare
Perfect 10 v. Visa
Perfect 10 v. Yandex
Perfect 10 v. Microsoft
Perfect 10 v. Giganews
Perfect 10 v. Tumblr
Perfect 10 Cases
Perfect 10 is an online adult website – and formerly a
monthly and then quarterly men's magazine – that
features high resolution topless or nude photographs
of 'all natural' women who have not had cosmetic
surgery1.
Perfect 10 is a copyright troll that does not operate a
real business and instead seeks to foster the spread
of infringing copies of works that it owns over the
Internet in order to entrap and shakedown websites
and services where copies of its images may
randomly end up2.
1Perfect 10 From Wikipedia, the free encyclopedia [Electronic resource] Access mode: https://en.wikipedia.org/wiki/Perfect_10
2Masnick M. Rapidshare Countersues Perfect 10 For Being A 'Copyright Troll' Who Only 'Shakes Down' Others [Electronic resource] / Mike Masnick – Access mode:
https://www.techdirt.com/articles/20100614/0105019802.shtml.

12. MAN SHALL NOT LIVE ON STRAWBERRY ALONE
Super Bowl XLVIII (USA)
Seattle Seahawks(NFC) 43 : 8 Denver Broncos(AFC)
Bayern Munich 5 : 1 VfL Wolfsburg
Is it just a Joke?
Potential copyright infringement?

13. Porn. Porn never changes.*
*Allusion to the “Fallout” game intro.

14. As a result…

15. Meanwhile in Russia…
VK.com

16. Article 433. Copyright Objects
CIVIL CODE OF UKRAINE
1. Objects of copyright shall be the works, namely:
works of literature and arts, including:
audio visual works;
works of painting, architecture, sculpture and graphics;
photographic works;
works of applied art;
illustrations, maps, layouts, drawings, and plastic works relating to geography…
2. The works shall be the objects of copyright without observation of any formalities in
respect thereof, regardless of their completion, purpose, value, etc., as well as the
method and form of promulgation.

17. Law of Ukraine “On Protection of Public Morals”
Pornography - vulgar and naturalistic, cynical, indecent fixing of sexual intercourses, self-sufficing,
special demonstration of genitals, anti-ethical scenes of sexual intercourse, sexual perversions,
sketches from nature that do not correspond to moral criteria, offend honor and dignity of the
person, inducing undignified instincts;
Article 2. Making and distribution of Products of pornographic nature is prohibited in Ukraine in
any form.
Products of pornographic nature - any material objects, subjects, printed, audio or video
products, including advertizing, messages and materials, products of mass media, as well as the
electronic mass media, containing detailed image of anatomical or physiological details of
sexual actions or that contain pornographic information;

18. Article 301. Importation, making, sale or distribution of pornographic items
1. Importation into Ukraine for sale or distribution purposes, or making,
transportation or other movement for the same purposes, or sale or
distribution of pornographic images or other items, and also
compelling others to participate in their making, -shall be punishable
by a fine of 50 to 100 tax-free minimum incomes, or arrest for a term
up to six months, or restraint of liberty for a term up to three years,
with the forfeiture of pornographic images or other items and means
of their making and distribution.
2. The same actions committed in regard to pornographic motion
pictures and video films, or computer programs, also selling
pornographic images or other items to minors or disseminating such
images and items among them, -shall be punishable by a fine of 100
to 300 tax-free minimum incomes, or restraint of liberty for a term up
to five years, or imprisonment for the same term, with the forfeiture of
pornographic motion pictures and video films and means of their
making and showing.
Just remember to always think twice !!
CRIMINAL CODE OF UKRAINE

19. Thank you for your attention!
Zerov Kostiantyn
Ipjurix IP LAW COMPANY
04107, 1-A Lukjanivska str., Kyiv, Ukraine
zerov [at] ipjurix.com