IP: Florida Community Can't Shut Down 'Voyeur Dorm'

[David Farber <dave@farber.net>]

> 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
>
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