In his amended complaint (IO Group v. Does 1-244), Mr. Sperlein describes his client’s gay pornography flick:
22. The movie Breakers is of obvious high production values and is easily discernable as a professional work. In fact, the work was one of the first erotic movies produced in the Blu-Ray format. Plaintiff created Breakers employing professional performers, directors, cinematographers, lighting technicians, set designers and editors. Plaintiff created Breakers using state-of-the art professional-grade cameras, lighting, and editing equipment.
First of all, doesn’t Mr. Sperlein use the word “erotic” a bit liberally? The debate about the line between erotica and pornography is old as the art itself. One of the best arguments comes from the Master Tinto Brass:
…Pornography is there to give you an erection. Erotica is there to give you emotions…
So, is it yet another attempt to mislead the Court by not labeling IO Group’s products as they are: hardcore homosexual pornography?
Secondly, “Obvious… professional… state-of-the art…” Is it? Honestly, I don’t know – I never watched neither this flick nor the others, though I have read some descriptions. Since Mr. Sperlein has been caught lying, it is very reasonable to scrutinize any of his statements, this one in particular. How? If I was a defense attorney on this case, I would demand the screening of the movie for judge Alsup and the jury. It is also unreasonable to bar public from the screening of this masterpiece, the courtroom doors should be opened wide and the volume is put on max.