Where is it is written that The Adult Entertainment Industry wants THE THREAT OF LITIGATION hanging over their heads every time they give some guy fifty bucks to j/o on video?
Andrew Gilden’s Assumption
Andrew Gilden has written a 23 page analysis on the ASSUMPTION that Adult Entertainment Companies WANT the courts involved in settling employment disputes between Adult Entertainment Companies and Adult Industry Performers.
“adult entertainment industry requires the protection of the judicial system in order to ensure that the tremendous financial value invested into its business is not sacrificed as a result of broken promises, faulty expectations, or criminal sanctions. However, unlike other industries, the adult entertainment industry is uniquely situated in murky legal waters due to the peculiar commodity it endeavors to sell: sexual performance on camera.” Andrew Gilden, “Sexual (Re)Consideration: Adult Entertainment and the Problem of Enforceability”, The Georgetown Law Firm. http://www.georgetownlawjournal.org/issues…lden%5B1%5D.pdf
However, is there any evidence that the majority of Adult Entertainment Companies WANT the fucking Courts involved when it comes to Adult Entertainment Companies “contracting” with performers?
Mr. Gilden is in academia and he appears to have THAT DISEASE that is common with many people who STUDY LAW. Law Professors and Law Students have this strange notion that LAW is PURE, that the Courts actually funciton the way they appear to function from the reading of citations, that somehow a fucking idiot can’t become a Federal Judge (or a Supreme Court Judge). Law Professors and Law Students have this strange notion that having the fucking COURTS involved in your life is a good thing. In My Opinion, The Adult Entertainment Industry is more than happy with the way things are when it comes to their hiring THE BODIES that they use in their products. Litigation only benefits those people charging by the hour to litigate (litigation only benefits lawyers).
America today functions BECAUSE of the high cost of litigation and the threat that some idiot Judge will just fuck-up your life and your business if you make the mistake of filing a lawsuit against soemone. The overwhelming majority of people in America with a fucking brain KNOW that it far better to WORK OUT DISPUTES INFORMALLY than to play Russian Roulette with Dumbass Judges who aren’t paid enough money to support the lifestyles they are leading.
There is a scandal now in New York in which the winners in divorce cases were decided by what lawyer was buying the Judge the most expensive cigars and which lawyer was paying for the Judge’s dinners. Who the fuck wants to bet their life and their business on whether their lawyer is more CONNECTED with the Judge than the other guy’s lawyer?
In my opinion, the Adult Entertainment Industry is like the Staffing Industry when it comes to how they relate to their “employees”. In the Staffing Industry, the average person temping is not a temp long enough for any Temp Agency to benefit by thinking LONG TERM when it comes to how it relates to Temps (i.e., things like healthcare, vacation time, retirement etc.). Reportedly, the turnover rate for temporary workers is 400% in the US. Similarly, given the LIMITED SHELF LIFE of most Adult Entertainment Stars, especially the extremely limited shelf-life of GAY Adult Entertainment Stars, Adult Entertainment Companies would be foolish to actually want the threat of litigation hanging over their heads every time they hire A BODY to appear in one of their videos.
Harlow Cuadra (more likely his lawyer) posted a blog entry saying that he preferred to pay Sean Lockhart a “lump sum” for Lockhart appearing in a boybatter.com video “because he didn’t want to get involved in all of the paperwork that would be required if he agreed to pay Lockhart royalties”. I submit to you that IF Adult Entertainment Companies did manage to get their contracts with performers recognized as legal by the Courts, eventually, more Adult Industry Performers would be demanding “royalities” (something that can’t possibly be a “good thing” for the Adult Entertainment Companies).
Adult Entertainment Companies clearly do want “The Litigation Option” when it comes to illegal duplication of their product and when it comes to Adult Entertainment Companies being able to produce and distribute their product freely.
In New York City, Falcon Studios seems to be rather famous among adult video retailers for suing any and everybody who duplicates a Falcon Studio product. This is all well and good, but, every business accepts a certain amount of “shrinkage” (i.e., a certain amount of theft and fraud). You have to wonder if the EXPENSE Falcon Studios incurs by being so litigious is justified by the small dent Falcon makes in the illegal video duplication racket.
Marriage Prostitution and Contracts for Sex
It is interesting that “Sexual (Re)Consideration” does not appear to actually get to discussing The Two Most Recognized Contracts for Sex in the State of California, i.e., Marriage and Domestic Partnerships
Andrew Gilden does consider what is more or less the State of California’s COMMON LAW MARRIAGE STATUTE, i.e., the case law associated with Marvin v Marvin. In Marvin v Marvin, a woman who had been living with the actor Lee Marvin sued the actor for “divorce” more or less on the grounds that she was essentially Lee Marvin’s common law wife.
In America, Marriage is a recognized EXCEPTION to the prohibition against contracting for sexual services. The legal argument is that THE STATE has an interest in promoting stable families so THE STATE has an interests in making it legal for one man and one woman “to contract with each other for sex”, i.e., to marry.
California’s Domestic Partnership Registration Law clearly recognizes SEX as being part of the domestic partnership contract as the State of California DEFINES the two people registering as domestic partners as “two people who are intimate”.
WHEN THE STATE does allow two people to contract with each other for sex, the State steps into the relationship to REGULATE the relationship. THIS IS A FINE POINT that the Gay Marriage Idiots continually fail to realize. The State REGULATES the sexual activities of married couples. In some States, there are sex acts that are illegal even for married couples. The State of California REGULATES the sexual activities of Domestic Partners by making it illegal for more than two people to register as domestic partners.
I submit to you that IF Adult Entertainment Contracts were to be legally recognized by the State of California, the State of California would then step in to REGULATE what kind of sexual activities could be contracted for in those contracts. In fact, the US Justice Department is essentially already engaged in trying to regulate what sexual activities are ACCEPTABLE in Adult Entertainment in America
Would The State of California allow fisting to be a contractable activity if The State of California decided to reocginize Adult Entertainment Contracts as legal and enforceable?
The Georgetown Law Journal and Sean Lockhart
Andrew Gilden’s “Sexual (Re)Consideration could present The State of Pennsylvania and Sean Lockhart with “a little problem” if Lockhart will in fact be the State’s Star Witness in a murder trial for Harlow Cuadra and Joe Kerekes.
The State of Pennsylvania’s argument is that Cuadra and Kerekes killed Bryan Kocis to free Sean Lockhart from his Performer’s Contract with Cobra Video and Bryan Kocis.
Andrew Gilden’s Sexual (Re)Consideration clearly presents the argument (that most people in the Gay Adult Video Industry appear to share) that the Performer’s Contract between Lockhart and Cobra Video was legally UNENFORCEABLE. Sean Lockhart had already done a video for a studio OTHER THAN Cobra Video before the infamous meeting between Camp Corrigan and Camp Cuadra in Las Vegas in January 2007. Lockhart had appeared in Velvet Mafia by Falcon Studios.
In addition, Andrew Gilden’s “Sexual (Re)Consideration” cites a motion filed by Sean Lockhart in the Lawsuit brought against him in federal court in San Diego by Bryan Kocis/Cobra Video in which Lockhart argued that his contract with Cobra Video was “against public policy” (i.e, Lockhart argued that his “contract” with Cobra Video was legally unenforceable and it was a “contract for sexual services” / prostitution).
If Lockhart was arguing in court in San Diego (prior to his meeting with Cuadra and Kerekes in Las Vegas in January 2007) that his contract with Cobra Video was void and unenforceable because it constituted PROSTITUTION, how can Lockhart then testify in a murder trial for Cuadra and Kerekes that he told Cuadra and Kerekes that he could not appear in a video for their company because he was LEGALLY BOUND to Cobra Video?