February 5, 2012

Apple Adds ‘Explicit’ App Category

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LOS ANGELES — Signaling a potential shift in policy, Apple has added an "Explicit" category to its iTunes Connect App Store submission system. The additional submission category comes as a surprise, following Apple's recent removal of thousands of "overtly sexual" applications from the App Store, and is widely seen as a welcome measure — if yet another example of the company's oft inconsistent flirtations with market demand. "The reason for Apple's addition of the new category is unknown, although it seems possible that the company may have reconsidered its decision to remove the 'overtly sexual' applications in the face of backlash from developers and users and has decided to create a dedicated category in an attempt to find a middle ground in the controversy," Eric Slivka of MacRumors.com blogged. "The use of a dedicated category for explicit material could supplement the age-rating system used for all App Store applications to easily make the entire category invisible to certain users using Parental Controls." According to Matt Buchanan of Gizmodo.com, the new category hasn't yet shown up in the App Store, but its meaning is obvious: Apple has a home for explicit applications "We've been waiting for such a place since the App Store opened, actually getting excited when Parental Controls made their way into iPhone 3.0, hoping it would release a pent-up flood of apps like the long-lost South Park app, or Playboy for those so-inclined," Buchanan wrote. "An explicit category suggests that it could finally happen." Industry operators, however, are not convinced that the new designation will usher in a dramatic change in policy that opens the doors to adult. "While there's rampant speculation that Apple's new 'explicit' app category signals an impending return of adult apps to the App Store, I wouldn't jump to that conclusion just yet," Pink Visual Director of Public Relations, Q Boyer, told XBIZ. "To the extent that their stated rationales for the removal of the 'overtly explicit' apps make any sense at all, that modicum of sense would be truly obliterated by a subsequent return of those same apps, or even more explicit ones, to the App Store." "There's also nothing new about explicit ratings within the App Store, and no guarantee that anything Apple labels 'explicit' will actually be explicit as that word is defined by anybody else in the known universe," Boyer added. "Our recently booted Cutest Girls app was rated 17+ for 'explicit sexual content,' 'frequent nudity,' and 'frequent sexual themes,' and it had no nudity whatsoever." The discussion illustrates the challenges in developing for the iPhone market. "I don't know whether Apple is using an alternative dictionary, or just playing it loose with the definitions of common English terms, but perhaps their content policies would be clearer to developers if they picked up a copy of Webster's and called it a day," Boyer concluded. No word from Apple yet regarding any policy changes. … [Read more...]

AIDS Group Takes Shot at AIM, Says It Violates Privacy Rights

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LOS ANGELES — Calling the testing of adult performers a "fig leaf," the AIDS Healthcare Foundation has taken a shot at the industry's top adult-performer testing clinic, calling on federal, state and local authorities to look into patient disclosure practice and enforce patient privacy laws. The AIDS Healthcare Foundation, or AHF, in a letter to the authorities said the AIM Healthcare Foundation is "just a a ploy to deflect public scrutiny and government regulation — a ploy that is perpetrated at the expense of the actors’ privacy rights, which would not be violated if the industry simply required actors to use condoms.” "As we understand it, adult film producers have conferred on AIM a virtual monopoly with respect to STD testing," said Michael Weinstein, president of the Los Angeles-based AIDS Healthcare Foundation. "An actor who wants to work in the industry first needs to be tested at AIM." Weinstein said that before testing, AIM requires the actor to agree to waive all confidentiality with respect to his or her test results, which AIM then publishes on a website where the highly confidential test results can be viewed by producers. “AIM testing is a fig leaf that does not protect actors from the risks of unprotected sex during filming,” Weinstein said. “AIM’s hypocrisy is clear — AIM argues that patient privacy rights prevent it from cooperating with public health officials who seek to protect the health of adult film performers. But when profit is at stake, performer privacy seems no longer to be AIM’s concern.” But AIM shot back Wednesday afternoon, claiming AHF has lodged "an unfounded campaign" to attack the adult-performer testing clinic after previous failed legal maneuvers against it. "Our privacy policy does not only meet state and federal guidelines, but it exceeds them as well," AIM spokeswoman Brooke Hunter told XBIZ. AIM operates two clinics in the Los Angeles area, one in Sherman Oaks and another in Granada Hills, but it also has a presence nationwide. The AHF's letter was addressed to authorities of the federal Office for Civil Rights, a federal agency under the U.S. Department of Health and Human Services that enforces HIPAA, the Health Insurance Portability and Accountability Act; the California Office of Health Information Integrity Enforcement Unit and Los Angeles County's Health Facilities Inspection Division. In the letter, AHF raises specific concerns regarding AIM’s use of a so-called Authorization to Release Test Results to obtain privacy waivers from actors. AHF contends the authorization does not appear to conform to the requirements of the Health Insurance Portability and Accountability Act, California’s Confidentiality of Medical Information Act or AIDS testing laws. It further contends that it conditions testing on the receipt from the actor of "an overbroad, irrevocable consent to disclosure of the actor’s STD test results by AIM to whomever AIM feels appropriate, in perpetuity … [Read more...]

U.S. Seeks to Have FSC's 2257 Suit Dismissed

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PHILADELPHIA — Calling challenges to revised record-keeping rules "fruitless," government attorneys asked a federal court this week to dismiss the Free Speech Coalition's suit. The FSC and 14 other plaintiffs claim in a suit filed last year against the government at U.S. District Court in Philadelphia that the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations. FSC Executive Director Diane Duke told XBIZ on Wednesday that the government's reply was expected. "We will have an opportunity to go before the court in March," she said. "We have a solid case and are extremely hopeful." So far, the suit has gained the attention of other groups defending free speech, including the ACLU and the Electronic Frontier Foundation, which both will present amicus briefs in the case. Among other challenges to the FSC's suit, government attorneys this week said that placing burdens on producers for age-verification requirements "is a form of speech that receives no 1st Amendment protection at all" and that it is a "fact that producers remain free to create, publish, or distribute any images of adults engaged in sexual conduct as long as they adhere to the statutory and regulatory scheme designed to ensure that these performers are adults." "Rather than offering a plausible challenge to these requirements, plaintiffs primarily rely on the notion that the government must come forward with new evidence to support requirements that were enacted over two decades ago," government attorneys wrote. Government attorneys also honed in on the FSC's 4th Amendment challenge, over the fact that some plaintiffs operate businesses out of their homes and that records inspections would be burdensome. "Because plaintiffs do not claim that any inspection has yet occurred, they are limited to a facial Fourth Amendment challenge, and their imagined perception of how such inspections might be implemented in their individual circumstances cannot properly be part of the analysis," government attorneys wrote. "Plaintiffs cannot claim a reasonable expectation of privacy in these records. Government inspection of these records therefore does not qualify as a 'search' subject to 4th Amendment challenge." The U.S. has asked the court to dismiss the FSC's claim in the suit, as well as for a dismissal of its motion for preliminary injunction over 2257. Besides the FSC, the plaintiffs attached to the suit include the American Society of Media Photographers, which represents 7,000 members; Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer; David Steinberg, a photographer and writer of sexual issues; Nina Hartley, a performer and website owner; and Michael Barone, a photographer. The plaintiffs list also includes Dave Cummings, an adult industry performer who owns numerous websites; Tom Hymes, an adult industry journalist who runs a website; … [Read more...]

Poker Affiliate Offers Porn Access in VIP Section

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Credits eared playing poker can go toward purchasing porn and other items CYBERSPACE—Gambling and porn have always enjoyed a certain simpatico of sin, and now one online poker affiliate is codifying the relationship in a novel way that brings the two worlds closer while hopefully making some extra money for itself. CoinFlip.com announced Monday that it is the first poker affiliate to offer adult entertainment in its VIP store. “We call this new service XXXBack," says the company. "You can use your VIP points to buy one-month passes to some of the world's most popular adult entertainment web sites, like Bangbros or Reality Kings.” In addition to those two studios, XXXBack currently includes access to Pornstar Network, VideoBox, Ron Harris Studio and Pornstar Classics. Admitting that it is in “uncharted” territory, the site stresses the added benefits for consumers of being able to access porn sites anonymously. “After you have requested the pass with your Coins, our system will automatically deliver your registration code to your inbox (on the top right hand corner of the screen),” the company says. “Coinflip.com VIP store acts as the intermediary between you and the adult site. This way you won't have to give your credit card details or any other personal information to the adult sites. Buying adult entertainment passes and watching high-quality adult movies [have] never been easier and more carefree!” CoinFlip.com users can earn coins (or points) that can be used to purchase other items in their store, as well. A quick perusal found available items such as a 25 euro iTunes gift card, (40 coins), Ray-Ban aviator glasses (124 coins) and Apple TV with a 160 gig hard drive (259 coins), to name a few. “We realize that bringing adult entertainment to our VIP store is not the most conventional thing to do and it may amuse or even offend some of our members, but for us it's a natural step forward,” says the company. “Here at Coinflip.com we strive to be among the pathfinders in the affiliate world and always bring some extra value to our members, giving you a wide array of choices in how to use your valuable Coins.” According to Poker News Daily, CoinFlip.com was launched last year by a well-known poker player named Ziigmund. “Fresh off his runner-up finish in the Main Event of the Helsinki Freezeout, Ilari Sahamies, known to many in the poker world as Ziigmund, has launched his very own blog, Coinflip.com,” the site says. “The free online poker community will play host to videos and anecdotes from the popular Finnish player.” … [Read more...]

Massachusetts House Acts to Close Sexting Loophole

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New law updating the state’s obscenity code would apply to all electronic communication BOSTON—The Massachusetts House has voted to close a loophole in the law that allowed the sending to minors of sexually explicit images by electronic means (i.e. sexting). The bill, which was introduced in early February by State Rep. Bradley Jones (R-North Reading) and House Judiciary Chairman Eugene O’Flaherty (D-Chelsea), would close a loophole that last year forced the state’s Supreme Court to overturn the conviction of a man accused of sending explicit instant messages to a 13-year-old girl. According to wbztv.com, “The amendment unanimously approved on Wednesday would update the state’s obscenity laws to include all electronic communications such as e-mail and text messages. The measure … was tacked onto an unrelated crime bill that would create a new charge of assault and battery on a correctional officer by means of a bodily fluid.” The bill now heads to the Senate. … [Read more...]

Wal-Mart Will Drop Porn in VUDU Deal

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AVN says it is looking at other platforms on which to offer high-quality adult programming BENTONVILLE, Ark.—Retailer Wal-Mart, which announced Monday its intent to purchase online movie provider VUDU in a deal whose details remain secret, has indicated that it will discontinue adult programming on the service. Currently, VUDU offers adult movies on the AVN “After Dark” channel. An announcement posted late Monday to Wal-Mart’s website announced its intention to buy VUDU. “VUDU is a revolutionary service, built into a growing number of broadband-ready TVs and Blu-ray players, that delivers instant access to thousands of movies and TV shows directly through the television,” the retailer said. “Customers with broadband Internet access and an Internet-ready TV or Blu-ray player can rent or purchase movies, typically in high-definition, without needing a connected computer or cable/satellite service.” As of Monday morning, unnamed sources had already leaked the news that Hollywood studios were in the process of being informed about the change in ownership, but the question remained whether Wal-Mart was going to keep the adult channel. Some thought it might; most thought it would not. The mystery was soon cleared up. A VUDU spokesperson confirmed to AVN that Wal-Mart would no longer offer adult programming on the service and that customers who had bought adult movies, as opposed to renting them, would have those purchases automatically refunded. No calls to VUDU (or Wal-Mart) are necessary, the spokesperson said. “We’ve enjoyed working with VUDU over the past two years in the development of an online service that offers the highest-quality entertainment available to fans of adult content,” said AVN CEO Darren Roberts. "We're currently looking at other platforms that are suitable to carry out this vision." Wednesday, VUDU began emailing adult studios with the news that it is discontinuing adult programming. "As you may have recently heard, VUDU was acquired by Wal-Mart," the email reads. "In conjunction with this acquisition we will be discontinuing the 'After Dark' adult service over the coming days. Upon completion of the shutdown process, we will settle all accounts with you and ensure that you are paid the full amount you are owed under our existing agreement." The company is also requesting that studios sign a voluntary termination notice. According to The New York Times, the VUDU deal positions Wal-Mart in a market it needs if it wants to stay competitive in the delivery of mainstream digital content. “Wal-Mart, based in Bentonville, Ark., is one of the world’s largest retailers of DVDs,” reported the Times. “But it has so far lacked a way to deliver movies digitally to people’s homes—a glaring weakness as consumers shift from renting and buying physical discs to streaming movies over the Internet.” Wal-Mart has indicated that the deal is expected to be finalized within the next few weeks. … [Read more...]

Another major winter storm has Northeast in bull's-eye

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Strong winds and heavy snow will produce white-out conditions and power outages in parts of New York and New England. STORY HIGHLIGHTS * Nor'easter expected to bring blizzard conditions, near-hurricane winds * Upstate New York, Vermont, New Hampshire and Maine could get 30 inches of snow * Little snow expected in Boston; New York, Philadelphia and Washington may see more (CNN) -- A major nor'easter is expected to bring blizzard conditions to interior New England and heavy rain and near-hurricane-force wind gusts to Northeastern coastal areas Wednesday through Friday. Little, if any, snow will fall in Boston, Massachusetts, while Washington, New York and Philadelphia, Pennsylvania, could see as much as 5 inches of snow with locally higher amounts, CNN meteorologist Sean Morris said. Record snowfall totals of 30 inches or more will be possible across upstate New York, Vermont, New Hampshire and Maine, Morris said. Very strong winds will combine with the heavy snow to produce dangerous white-out conditions and widespread power outages. Share your winter weather videos and pics Hurricane-force wind gusts combined with heavy rain are likely to cause significant flight delays and cancellations at all major airports along the Eastern Seaboard on Thursday and Friday, Morris said. Another storm was bringing heavy, wet snow Wednesday morning from Connecticut to Massachusetts. The National Weather Service predicted the weight of the snow would bring down tree limbs and power lines, causing scattered power outages. Video: Dog rescued from icy pond RELATED TOPICS * Winter Weather * National Weather Service * New England States * Texas Scattered outages already were being reported in parts of New Hampshire and Massachusetts, where snowfall totals in the Berkshire Mountains could reach 24 inches by Wednesday night, the weather service said. Meanwhile, central Texas was digging out from up to 4 inches of snow after setting records with more than a foot less than two weeks ago. Sunshine was predicted for Wednesday, but CNN iReport contributor Robert Huntington of Austin, Texas, said the snow was falling hard in his neighborhood Tuesday. "[They're] really big flakes, I mean, unusually large flakes," he said. "It's Texas. Everything's bigger in Texas." … [Read more...]

Japan Inc.'s reputation rides on Toyoda

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STORY HIGHLIGHTS * Political ire toward Toyoda growing in Japan * Toyoda at first said he wouldn't attend hearing, then accepted formal invitation * Government monitors effects of Toyota's massive recall on Japanese exports RELATED TOPICS * Toyota Motor Corporation * Japan * Akio Toyoda (CNN) -- As Akio Toyoda prepares to sit before the klieg lights of a U.S. Congressional committee in Washington on Wednesday, the midnight lights of television sets will glow in corporate offices and government halls of power in Tokyo. Riding on his testimony, Toyoda -- the grandson of the company founder who took the reins as Toyota president in June -- carries not just the reputation of his company and his future leading it, but the weight of Japan Inc. Political leaders in Tokyo will be watching as the fate of Japan's premier brand falters in the market Toyota --- and most Japanese exports --- depend most upon. Yet also growing in Japan is an undercurrent of conspiracy theories: That the U.S. government, now majority owner of General Motors -- the world's largest automaker before Toyota took the throne last year -- has an interest in bringing down the reputation of the company and its leader. "There was a cab driver who was telling me that the other day, as we were driving in a Toyota," said Jeff Kingston, a professor of Asian studies at Temple University's Japan campus in Tokyo. "There's a conspiracy theory, which some people are inclined to believe, that a nexus of events in the U.S. is making Japan a juicy scapegoat." Regardless, "the audience here is asking, is Akio going to deliver? He has a lot at stake not to," Kingston said. "Japan has lived through a 'lost decade,' which is now entering its third decade, and inside this national malaise they could at least bask in the reflective glory of the Toyota Motor Corp.," Kingston said. "All of the sudden, that is at risk." Video: Japan awaits Toyoda appearance Indeed, the nation's press is heaping pressure on the shoulders of Toyoda to defend Japan Inc. before U.S. legislators and consumers. "Considering that Toyota represents Japan's corporate identity, a loss in confidence would potentially affect all Japanese products," said a Friday editorial in the Nihon Keizai Shimbun, Japan's equivalent to The Wall Street Journal. "In testifying before the House committee, we hope Toyoda will take to heart his position as the de facto captain of this nation's manufacturing industry," said a Saturday editorial in the Yomiuri Shimbun, Japan's largest newspaper. Known as "The Prince" in Japan, the scion of the Toyoda has stumbled badly in the eyes of the usually deferential Japanese press, after he disappeared from public view for two weeks while the recalls mounted across the globe. "There were editorials in the Nihon Keizai and Asahi the day after his first press conference basically saying, 'It's a day late and a dollar short -- you've made us look bad before the world,'" Kingston said. More … [Read more...]

Google bosses convicted in Italy

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Google with a microphone Google says the case stifles net freedoms An Italian court has convicted three Google executives in a trial over a video showing a teenager with Down's Syndrome being bullied. The Google employees were accused of breaking Italian law by allowing the video to be posted online. Judge Oscar Magi absolved the three of defamation but convicted them of privacy violations. The three received suspended six-month sentences, while a fourth defendant was acquitted. David Drummond, chief legal officer at Google and one of those convicted, said he was "outraged" by the decision. "I intend to vigorously appeal this dangerous ruling. It sets a chilling precedent," he said. "If individuals like myself and my Google colleagues who had nothing to do with the harassing incident, its filming or its uploading onto Google Video can be held criminally liable solely by virtue of our position at Google, every employee of any internet hosting service faces similar liability," he added. Peter Fleischer, privacy counsel at Google, was also found guilty. He questioned how many internet platforms would be able to continue if the decision held. "I realise I am just a pawn in a large battle of forces, but I remain confident that today's ruling will be over-turned on appeal," he said. The verdict is likely to have ramifications for content providers around the globe. Google said at the trial that pre-screening all YouTube content was impossible. The video at the centre of the case was posted on Google Video in 2006 shortly before the firm acquired YouTube. Prosecutors argued that Google broke Italian privacy law by not seeking the consent of all the parties involved before allowing it to go online. Google's lawyers said that the video was removed as soon as it was brought to its attention and that the firm also provided information on who posted it. As a result four students were expelled from their school in Turin, northern Italy. … [Read more...]

Top 10: Ways To Flirt With A Woman Sexually

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Did you know that talking about sex with a woman can be the first step to actually having it? Unfortunately, most guys screw up big time when they try to turn a conversation in that direction and they end up coming across as “creepy” or “clueless.” The solution here is to learn the ways to flirt with a woman sexually. Here are 10 tips to help you do it. No.10 - Speak in a sexy way Think you can turn a woman on with a high-pitched, squeaky voice? Think again. Women pay more attention to your tone of voice than to the words you speak. When you flirt with a woman in a sexual way, work on improving your delivery. Speak slowly, hold eye contact, deepen your voice, and pause. Be careful not to be overly dramatic and cheesy; think James Bond, not Austin Powers. These style-points help you convey powerful sexual undertones in your communications with women and they will help you build attraction and sexual tension fast. No.9 - Accuse her of being the aggressor One of the best ways to get the fun started is to accuse a woman of trying to seduce you. For example, if she mentions something about her house, such as: “I just moved into a new place” or “Do you know how to install a wireless router?” you should say: “Wow, you are trying to get me to come over to your house already? I’m not surprised.” Women love it when you do this. Don’t be surprised if she really does try to get you to come over soon after. No.8 - Show her you're a stud Women want men who know how to please them, but you can't come right out and say: "I'm a great lover." Instead, use sexual innuendo to indirectly convey this message. For example, say you are at your place making a drink for a woman and she says: "Wow, you're good at that." Look her square in the eye and say: "I'm good at a lot of things." She’ll get the hint that you’re a stud and be dying to find out more. No.7 - Get her to "use you" Women accuse men of using them for sex all the time, so why not turn the tables? The next time you do something considerate for a woman, tell her: "So, you're using me already… next thing I know you’ll be trying to use me for other things as well." She’ll find this role-reversal hilarious and it’s a great way to bring up the topic of sex in a safe, fun and non-threatening way. No.6 - Make "boring" conversation sexy When most men first meet a woman, they ask her typical, boring questions like: "Where are you from?” and “What do you do for work?" Women usually hate it when guys do this, but you can set yourself apart by using these drab questions to turn things sexual, quickly. For example, when you find out a woman is from, say, Spain, you can say to her: "Hmm, you know what they say about women from Spain, don't you?" Then let your sly smile and rock-solid eye contact suggest that you know Spanish women are, well, let's just say a lot of fun. No.5 - Bring sex into the situation A great way to flirt sexually with a woman is to compare some of … [Read more...]