RE: Kinky Porn co fined for condom policy (Full Version)

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LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/16/2014 7:30:20 AM)

Good luck in convincing anybody that a condom is an item of clothing



eulero83 -> RE: Kinky Porn co fined for condom policy (2/16/2014 8:43:29 AM)

as a mettar of fact it is a protecive clothing, like latex gloves, but it doesn't matter the law says body protection and is generic enough.



LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/16/2014 8:54:02 AM)

Well, I would still like to see you convince anybody that a CONDOM is a matter of clothing, seriously, I would like to be at that press conference (the audience reaction would be priceless, it's actually a brilliant idea for a sketch, somebody should send the idea to Jon Steward) and you will find that there is a bit of a difference between a glove you put on your hands and something you put on your member. Why not simply make a law that in porn movies sex has to be with a condom?



windchymes -> RE: Kinky Porn co fined for condom policy (2/16/2014 10:31:36 AM)

Testing really doesn't guarantee anything. What if they get their test done in the morning, and that night, hook up with a partner who infects them? The test comes back negative, but they're spreading an STD like wildfire, and when is the next testing done? Weeks or months from now? A piece of paper with negative STD test results really means nothing if you're looking for a guarantee.



eulero83 -> RE: Kinky Porn co fined for condom policy (2/16/2014 10:56:51 AM)


quote:

ORIGINAL: LadyConstanze

Well, I would still like to see you convince anybody that a CONDOM is a matter of clothing, seriously, I would like to be at that press conference (the audience reaction would be priceless, it's actually a brilliant idea for a sketch, somebody should send the idea to Jon Steward) and you will find that there is a bit of a difference between a glove you put on your hands and something you put on your member. Why not simply make a law that in porn movies sex has to be with a condom?


what difference?



LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/16/2014 11:07:38 AM)

If you don't get the difference between gloves and condoms, I'm not going to waste key strokes or even question comprehension ability



eulero83 -> RE: Kinky Porn co fined for condom policy (2/16/2014 12:47:16 PM)

quote:

ORIGINAL: LadyConstanze

If you don't get the difference between gloves and condoms, I'm not going to waste key strokes or even question comprehension ability


They are both latex protections to avoid direct contact while using a specific body part, the fact one is used on genitalia during sex is a meaningless difference when those body parts are directly involved in the job. But I'm sure your answer really means "I can't see a significant one so I'll play childish"



LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/16/2014 1:29:30 PM)

No, my answer is you obviously don't get it and I don't want to waste key strokes because as much as I try, I can't really be bothered to argue with a frothy ferret who doesn't see the difference between hands and a dick.

And if you aren't aware between the difference of a condom and an item of clothing, then I pity whoever is the object of your affection.



eulero83 -> RE: Kinky Porn co fined for condom policy (2/16/2014 2:12:42 PM)


quote:

ORIGINAL: LadyConstanze

No, my answer is you obviously don't get it and I don't want to waste key strokes because as much as I try, I can't really be bothered to argue with a frothy ferret who doesn't see the difference between hands and a dick.

And if you aren't aware between the difference of a condom and an item of clothing, then I pity whoever is the object of your affection.


I see the difference, but that difference is not a valid reason to break work safety laws. By the way congratulation very mature attitude.



LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/16/2014 2:21:25 PM)

It's a bit hard to be mature with somebody who just doesn't get it, bless your cotton socks.

If you try and be realistic (maybe you can if you try really hard, most adults can), there is no court in the world that will rule that condoms are "protective clothing", ain't going to happen. It's primarily a contraceptive (alright, croqs might have the same effect but at least you can walk in them) and it can prevent SOME STDs, good luck in finding anyone who will agree to it being an item of clothing.

There needs to be a law, specifying that in the porn industry they have to wear condoms for movies, simple as that.



eulero83 -> RE: Kinky Porn co fined for condom policy (2/16/2014 3:35:58 PM)

from the source in op:

quote:

Earlier this month, another Bay Area adult film company, Treasure Island Media, lost its appeal of a similar OSHA citation and was fined close to $9,000.


so there is at least one court.



LafayetteLady -> RE: Kinky Porn co fined for condom policy (2/16/2014 4:36:15 PM)

No it isn't a piece of clothing but part "a" of that statute says "body protection," not clothing. Clothing is mentioned in the latter sub sections.

A condom does qualify as body protection and bodily fluids qualify as hazardous material.

Now the company can appeal the fine, and I think they should. But that is because when they do, the court is likely going to clarify the issue much like I have above and rule that condoms are necessary.



LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/16/2014 4:40:42 PM)

I would think that a simple ruling that will clarify the matter would sort the problem once and for all and make them "industry standard", if it says condoms loud and clear, then there is no way around it.



LafayetteLady -> RE: Kinky Porn co fined for condom policy (2/16/2014 11:21:19 PM)

And I agree. That's why I think the company should appeal the fine. I believe that would be the end result.



LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/17/2014 1:17:47 AM)

I think they're going to do it anyway, for them it will be PR and keep their names in the news.



tj444 -> RE: Kinky Porn co fined for condom policy (2/17/2014 1:29:08 AM)


quote:

ORIGINAL: Rawni

http://www.rr.com/articles/2014/02/01/p/porn-company-s-condom-policy-a-big-part-of-fine

It isn't unlawful to film without condom's, but OSHA says this is an unsafe practice. Those in the industry didn't complain about the safety aspects, but outside forces did.

What do you think?

I think it will do one of three things..
a) the companies will eat the fines as the cost of doing business & continue to film in CA without condoms
b) the porn actors will start wearing condoms and continue to film in CA & make less money (due to lower sales)
c) they will move operations to another state (if they can fly under that state's OSHA's radar) or another country where there are not the laws & testing requirements that CA has.. (like to Brazil, which is where a dude porn actor contracted hiv & brought it back to CA several years ago)..
if they move porn production away from CA & "offshore" then the resulting effect is gonna make it more dangerous, not less..

there is a lot of non-pro porn out there where they don't use condoms.. to a certain degree that makes pro porn harder to sell if they have to use condoms and their "competition" don't.. if condom use porn sold as well then the producers & actors would be doing that already.. But I really don't think seeing pro porn with condoms is suddenly gonna make dudes rush out to buy a box and "wrap" it.. some guys do that now without having to be asked/told and in doing so they set themselves apart from the dudes that want it bare on the first date.. Its up to the other person to say no/take a hike to the dudes that want to take too high a risk.. would dudes try to have sex without a condom if they didn't get some women letting them? if you get a guy wanting to not use condoms with a girl, what is he telling her about what he thinks about her?



LadyConstanze -> RE: Kinky Porn co fined for condom policy (2/17/2014 3:14:54 AM)

Well, if there is a law that they have to wear condoms when filming porn, wouldn't that also mean that from date X on, only the porn that was made before can be sold as "condom free", of course people could download porn from somewhere else, say Brazil, but they couldn't really offer that in the US and most people would rather see porn, have an easy way to get to it, instead of navigating Brazillian websites and giving their CC details to dubious websites abroad.



tj444 -> RE: Kinky Porn co fined for condom policy (2/17/2014 9:19:12 AM)


quote:

ORIGINAL: LadyConstanze

Well, if there is a law that they have to wear condoms when filming porn, wouldn't that also mean that from date X on, only the porn that was made before can be sold as "condom free", of course people could download porn from somewhere else, say Brazil, but they couldn't really offer that in the US and most people would rather see porn, have an easy way to get to it, instead of navigating Brazillian websites and giving their CC details to dubious websites abroad.

as I understand it, this is just a thing CA is doing (or attempting to), as much of the porn industry is based in that state.. that's why the law regarding testing.. and certain cities have tried to add more regulations and requirements but then all the porn companies have to do is move to the next city.. or state.. or country.. (Mexico is not far away, after all)

How do you regulate what porn people watch and buy when so much is easily accessed online? the law has enough problems trying to stop kiddie porn, how are they doing on that??? there are 750,000 pedophiles around the world online right now cruising for children to do online sex acts for them and there is no law that can punish those predators even when they are caught.. in the scheme of things, legit porn isn't where the cops need to focus their efforts.. jmo.. http://www.npr.org/blogs/thetwo-way/2013/11/05/243245567/virtual-sweetie-uncovered-1-000-sexual-predators-group-says



GoddessBlueKura -> RE: Kinky Porn co fined for condom policy (2/17/2014 2:38:34 PM)

Looks like SF's Kink.com had 78K fine for something similar this year. Two of the kink porn stars tested positive for HIV and apparently someone filed a complaint with the Aids Healthcare Foundation. The problem the policy is that they leave the decision up to the actor whether or not they want to wear one. Honestly I think that places a huge amount of pressure on performers. Obviously without protection they may make more money but at the same time may be at a higher risk.

Now one thing is that the two performers were bf/gf at one point so if they were only having sex with each other unprotected then who's in harm's way?

Also testing didn't seem reliable since what someone tests today could be meaningless tomorrow. If it was an outside thing for example "find a test place and go" then I would assume fair results. If it was inhouse like go into the next room and do your STD test? Eh that could be fishy.

Now that I think about it there was a male performer that tested negative for HIV but three days later infected 3 female performers out of the 14 he slept with.

Plus it's not just testing but it's when the tests are done. So a performer can get tested one day, come back with a clean bill of health, party hard over the weekend and then in a few weeks show up for a shoot with that same "clean test". Have sex, infect a few people that go on to spread that same STD to more people. By month's end one person's reckless behavior has now changed the life options for maybe 20 other people.

I think people outside the industry become a risk factor since most people don't test regularly like porn stars do.




shiftyw -> RE: Kinky Porn co fined for condom policy (2/18/2014 9:32:52 AM)

I think its sad that they face making less money by deciding to wear a condom. [:(]



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