opinion

The Outer Limits of Pornography

In his latest book, Remix: Making Art and Commerce Thrive in the Hybrid Economy, Stanford Law School professor and Obama transition team consultant Lawrence Lessig makes yes another appeal for a massive overhaul of copyright law. He fervently believes we need to embrace the economic potential of the digital age while also preventing the further criminalization of succeeding generations of content users.

The "remix" phenomenon in the title refers to the incorporative ways in which digital content is taken and used — often by young artists — to create original works. The most common uses that come to mind are music remixes, of course, but increasingly people are taking video and mashing it up to create new works that also incorporate music and ideas "borrowed" from others. The field is a burgeoning realm of creativity, and Lessig is worried that everyone currently working in it is also living with the fact that they are a criminal. Few, if any, of them pre-license the digital content they use as their inspiration and raw material.

One of Lessig's points with respect to how we should think of remix or mash-up culture is to compare it with how we traditionally think about using the written word. No one, for instance, would consider asking for prior permission from an author before quoting from his or her article or book. We take for granted the right to "mash-up" the written word. Lessig's point is that young people think of music and video as previous generations think about text. It has essentially morphed from content to language, and Lessig is saying that we do not want to, and ultimately cannot, restrain its usage through the use of laws that criminalize every time we make a copy, even unwittingly, which is just about a hundred times every day.

He also advocates for copyright laws that help promote "hybrid" economies, by which he means "a commercial entity that aims to leverage value from a sharing economy, or... a sharing economy that builds a commercial entity that better supports its sharing aim." (BTW, I did not contact Lessig before quoting from his book.) The paradigm example of a sharing economy is Wikipedia and its many offshoots, which exist and thrive because of the unremunerated contributions of many people. Paradigmatic commercial economies online are many, of course, and include Netflix, Amazon and Google, to name a few.

A hybrid economy combines the two. Some examples Lessig uses of successful hybrids include Craig's List, Flickr, Dogster and YouTube. In the adult sphere, we have our own hybrids. The adult chat board, Go Fuck Yourself, is in fact a hybrid economy, in which its value is derived from the active participation of people, many of whom derive no direct revenue from their participation. That is not to say that they do not derive any value from their participation, but that the value is often indirect and personal, and not quantifiable. This value dynamic is true of all shared and hybrid economies, however.

GFY itself, of course, derives direct revenue from the site, and has incorporated increasing subsets of revenue into the model. It remains to be seen if this commercialization throws off the balance necessary to sustain its collective appeal. All current hybrids are in fact experiments in finding that balance. Alienate your contributors and you could find them fleeing to spaces that better meet their community requirements.

Artists making mash-ups or remixed content using porn, and the extent to which the industry should care, will be the subject of a future column. Adult entertainment may be a special case.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
opinion

The Website Footer Requirements Every Adult Merchant Should Know

Since I started in this business 25 years ago, I've watched website footers evolve from a simple collection of links designed to help with SEO into important tools for meeting compliance and regulatory requirements, improving the customer experience and reducing chargebacks.

Cathy Beardsley ·
opinion

Why E-Payment Diversification Matters for Merchant Stability

Match payment methods to your customers. Look at where your customers are located, how they prefer to pay and which products they purchase. A business with significant European traffic may benefit from SEPA or Pay by Bank, while a subscription-based business may prioritize ACH or cryptocurrency. Add the payment methods your customers are most likely to use, as not every option is available.

Jonathan Corona ·
trends

AI at Work: The Tools and Practices Powering Creativity, Commerce and Compliance

For years, artificial intelligence felt like the plot of a science-fiction movie. Pop culture gave us Skynet from “The Terminator,” the replicants of “Blade Runner” and countless visions of machines replacing human creativity altogether. AI was cast as either humanity's next great breakthrough or the beginning of a dystopian future.

Jackie Backman ·
opinion

Key Questions Online Merchants Should Know About PCI Compliance

Choosing a payment provider involves more than comparing features and pricing. It's also about trusting that your customers' payment information is being handled securely. Every August, Segpay is recertified as a Level 1 PCI-compliant service provider, a milestone the company has achieved for the past 20 years. Having helped write Segpay's original PCI policy documents more than two decades ago, I've seen firsthand how PCI compliance has evolved.

Cathy Beardsley ·
profile

New Moon Network's Savannah Sly on Turning Lived Experience Into Advocacy

Savannah Sly is the first to admit she didn't always understand sex work. At 18, she was an art student in Boston, working part-time at a box office and, as she puts it, "broke as a joke." While looking for ways to make ends meet, she often found herself browsing Craigslist's adult ads, intrigued by the women advertising their services.

Jackie Backman ·
opinion

How to Safeguard Your Website Against CIPA Claims

There is a new wave of lawsuits targeting online businesses, including adult websites. These suits involve the California Invasion of Privacy Act (CIPA), and they are becoming increasingly prevalent. In fact, three different clients of my law firm were recently served or threatened with CIPA lawsuits — all in the same week.

Nick Zargarpour ·
opinion

How Clear Talent Contracts Can Save Time and Money

The adult industry has always been defined by its ability to evolve. It embraced online distribution before much of mainstream entertainment did, pioneered subscription-based business models, and continues to evolve in areas ranging from streaming to AI.

Corey Silverstein ·
profile

Jerkmate's Lili L. on Dropping Beats to Fuel Creator Success

Long before joining the Jerkmate team as a marketing strategist, Lili L. was the kind of person who always felt like she needed a new challenge.

Women In Adult ·
Show More