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IP: Florida Community Can't Shut Down 'Voyeur Dorm'
From: David Farber <dave () farber net>
Date: Fri, 05 Oct 2001 10:05:04 -0400
From: Chris Spurgeon <CSpurgeon () electronicink com> To: "'David Farber'" <dave () farber net> Prof. Farber... Today's (10/5/2001) New York Times has an article about a federal court ruling that seems to give legal weight to the concept of cyberspace as a separate distinct location. Here's an excerpt from the NYT article.... In its six-page ruling, the appeals court reckoned that although the Voyeur Dorm house and its paid coeds exist on West Farwell Drive, no sexual entertainment is "offered" to the public at that particular location, as the Tampa statute stipulates. Rather, the court said, the sexually-themed images are transmitted, displayed and consumed somewhere else: cyberspace. "The residence of 2312 West Farwell Drive provides no 'offer[ing] [of adult entertainment] to members of the public,'" wrote Judge Joel F. Dubina a unanimous three-judge panel, referring to the zoning law's language. "The offering occurs when the videotaped images are dispersed over the Internet and into the public eye for consumption. The City Code cannot be applied to a location that does not, itself, offer adult entertainment to the public." Later in the opinion, Judge Dubina said: "Here, the audience or consumers of the adult entertainment do not go to 2312 West Farwell Drive or congregate anywhere else in Tampa to enjoy the entertainment. Indeed, the public offering occurs over the Internet in 'virtual space.'" http://www.nytimes.com/2001/10/05/technology/05CYBERLAW.html ____________________ Chris Spurgeon Senior Design Technologist cspurgeon () electronicink com ELECTRONIC INK One South Broad Street 19th Floor Philadelphia, PA 19107 www.electronicink.com t 215.922.3800 x(233) f 215.922.3880 This e-mail is intended solely for the above-mentioned recipient and it may contain confidential or privileged information. If you have received it in error, please notify us immediately and delete the e-mail. You must not copy, distribute, disclose or take any action in reliance on it. In addition, the contents of an attachment to this e-mail may contain software viruses which could damage your own computer system. While Electronic Ink, Inc. and E Ink Ltd have taken every reasonable precaution to minimize this risk, we cannot accept liability for any damage which you sustain as a result of software viruses. You should perform your own virus checks before opening the attachment.
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- IP: Florida Community Can't Shut Down 'Voyeur Dorm' David Farber (Oct 05)