Boy Fights Azov Films _TOP_
This case involves 176 films which the prosecution alleged were child pornography and which were sold, distributed imported and exported worldwide through Azov films incorporated by Mr. Brian Way. Way claimed these videos and photographs were nudist films of young boys at play and are not child pornography. He argued there were no sexual acts depicted in these films. The main question to be answered was whether such material constituted child pornography for the purposes of the Canadian Criminal Code (Section 163.1 (1) (ii) of which provides child pornography material qualifies as such where the dominant characteristic of the material is the depiction of sexual organs and/or anal regions of children under 18, for a sexual purpose).
Boy Fights Azov Films
All of the assets in Way's residence and those of Azov films was seized. The value of the assets seized (estimate $6,000) was deducted from the forfeiture order of $26,000. The order was changed to a fine of $20,000.
iii. Did Mr. Way knowingly direct his film editor and one of his cameramen to import, produce, distribute and export child pornography for the benefit of a criminal organization operating under the names, 4P5P Inc and Azov films?
The court set out the formula of most 176 films videos as the following: that almost of the people that appear in the films are boys between 10 to 18 years of age. They are clothed and then naked. They are engaged in a variety of activities that include swimming, wrestling, showering, exercising, fixing a moped, and general play. Before the films begin, there is text that scrolls down the screen explaining nudism and asserting that the film in question is a nudist film. This is accompanied by soft music and background scenery. Thereafter, the boys arrive on camera. They are clothed. Sometimes they perform an activity or go on an outing. They then disrobe and do an activity or activities while all of them are nude. Sometimes the activities involve outdoor activities like swimming, running through the woods, chopping wood or exploring on the beach. At other times the activities are indoors in saunas, showers, swimming pools or blow up pools or in a small sparsely furnished apartment used for many activities such as getting dressed in costumes, eating, play fighting and sitting on a couch. A significant portion of each film includes the boys naked. Toward the end of the movies the boys put their clothes back on. Sometimes there is an interview with the boys at the end of the movie. In some cases, members have access to accompanying pictures. In almost all of the films, there are no adults or girls present. There are no sexual acts. Occasionally the boys look into the camera as though for direction. There is no obvious storyline, the camera work in most cases is poor and there is little dialogue. The dialogue is not in English.
On the evidence the court noted that generally the earlier films (before December 2006 and the time of a police investigation) are shorter, contain less nudity and have fewer close-up images of the nude boys. The activities are usually not sexualized. But from 2007 the films changed and the court found the following characteristics made those films child pornography given:
vii. some of the films are accompanied by close up nude photographs of the boys. The accompanying photographs are often images taken at close range in poses that emphasize their genitals. They provide a sexual context to the nude films; and
In terms of the issue of sexual stimulation the court confirms it found the enterprise was acute to and responded to the requirements of the viewers in terms of increased nudity-while also displaying an awareness that some of their activity might be considered illegal (i.e. as child pornography). It knew where the customer would place value (i.e. on nudity of the boys). In communications between Mr Way and those within the enterprise they discussed for example videos with see through wet underwear as selling particularly well-because the underwear was see through. The court noted as the client base expanded so did the amount of nudity -and they responded to the demand for increased nudity as the area where the customer placed value. By 2011, revenues reached approximately $1.6 million. Azov films had a sizeable group of viewers in 92 different countries. The increasingly large revenues the court reasoned was as a response of the many customers for more nudity-including a focus below the waist material. The court concluded beyond a reasonable doubt that given
In sum the court was satisfied both that the dominant characteristic of the films was the depiction of the genitals and anal regions of the boys and for a sexual purpose that those films are therefore child pornography.
Regarding the final question (possession) the court the prosecution must establish that the image or images were in the possession of the accused i.e. his knowledge and control. But it is not necessary that he know they are child pornography. The prosecution must prove that the accused intended to make computer files containing child pornography available to others or have actual knowledge that the file sharing program makes files. The court agreed Mr. Way had knowledge of the existence of the films and photographs and the control necessary to find him in possession of the child pornography. It noted the films were marketed on his website. He advertised the films on his website and they were sold in many countries. The court found that Mr. Way made, was in possession of, advertised on his website to distribute, sold and distributed, imported and exported child pornography and that he was paid from money earned as a result of selling films including those at issue.
..-- video review --BOY FIGHTS X: EVEN MORE WATER WIGGLES (2008)[The "X" shows it is number ten in the series, not that it is X rated.]"Boy Fights" is a series of videos distributed by Azov Films (they say made in Moldavia). Boys--perhaps ages 10 to 12--fight, and it is recorded on video. Not trained, disciplined, fighting, with rules and referees. Just boy fights, as boys have done for ages. Each installment of the series has a different theme. Wrestling, or boxing, or judo. One is even tickling: a boy is held down by some of the others, and tickled in various ways. Lots of fun for all.Personally, I have found these to be boring. Yes, I like to look at cute boys. But cute boys doing something interesting. Two opponents well-matched in size and strength, wrestling with a referee in a regulation match: that is something that can keep my attention. But a free-for-all with no rules loses my interest after a few minutes.Often, the boys would be undressed to some extent. Shirtless, or maybe even just in their undies, or skimpy speedos. But the series had a strict "no nudity" policy. However, that has changed starting with "Boy Fights VII: Water Wiggles". This continued with "Boy Fights VIII: More Water Wiggles" and "Boy Fights IX: Sticky Water Wiggles". The new one is "Boy Fights X: Even More Water Wiggles". (I will write: WW, MWW, SWW, EMWW.)For EMWW they have improved things over the past. It no longer looks like something set up in somebody's apartment. They have some sports briefs to wear. And they have edited the plain-wrestling portions down to about 9 to 12 minutes each. I did not find this one boring.For a wrestling ring there is a larger size plastic inflatable wading pool. The boys inflate the pool and add water themselves--they put perhaps 5 cm of water in the bottom. Later they empty it themselves. During the main events, we can see sometimes in the background the other boys with towels, sponges, or mops, cleaning up the water that has splashed out onto the floor and the walls. We never see anyone else. Clearly there is a video camera operator. And a flash still camera photographer. But we never see them. [In MWW, we did see a still camera photographer that is a boy the same age as the participants.]The costume is a sports brief (and absolutely nothing else). There seems to be a supply of these in the next room. It is a combination brief and athletic supporter, with elastic waistband and stretchy fabric. A logo on the front center. And (important) it becomes clingy and semi-transparent when wet.The boys: Smallest, perhaps 10 years old, are Vlaviu and Lucian. Next larger are Andrej and Vlad. Largest is Alex, perhaps 12 years old.The boys wrestle in the water ring two at a time in various pairs. Then there is a melee with all five. Afterward they pose for the camera and there is a short interview (with English subititles available). Some nudity. The Azov description also warns of coarse language but (unfortunately) other than the interview, the video is not subtitled.Recommended........ spoiler warning ...........If you intend to watch the video, and want to be surprised by what happens, stop reading now!.........* The first match is Vlaviu vs. Vlad. Vlaviu is a favorite kid with a great smile, and he is smiling and laughing a lot. Vlad appears here for the first time in a "Boy Fights" video (the other four have all appeared in previous videos). He's the one with the tan. First there is the usual sort of unorganized wrestling. Various take-downs, holds and escapes. Vlad is clearly stronger. He dominates practically everything. Both of their costumes become completely wet. Various postures show off every part of their bodies; the video camera operator knows how to take advantage of it. Now this is the kind of repetitive thing that can become boring, so fortunately it lasts for only 12 minutes.Perhaps Vlaviu becomes fed up with always coming out second-best. Once when he is held down by Vlad, Vlaviu reaches up to the back waistband of Vlad's costume and pulls it down, exposing the butt. So Vlad lets go to pull up his costume. But perhaps that move was a mistake for Vlaviu, because after that it becomes a wedgie competition. (This is what the Azov description calls it, but not the dictionary definition. Here it means: each tries to pull down the other's costume.) And still Vlad is bigger and stronger, so Vlaviu is still the victim most of the time. The extreme stretch of these costumes makes them ideal for this. Vlaviu almost loses his costume many times. The cameras are waiting for any chance to peek inside. But Vlad never completely succeeds, and we get only a glimpse or two. Fun for us. Fun for the boys according to the laughter.In all, Vlaviu vs. Vlad runs for 45 minutes. But it was not boring.* The second match is Alex vs. Vlad. There is some normal wrestling. Alex is bigger and stronger, but Vlad is very persistent. Mis-matched wrestling like this does not seem to be as much fun for me, the viewer; and the participants tend not to smile as much. Then the wedgie competition. Vlad breaks the waistband on Alex's costume. Alex holds it together with one hand, and break the waistband on Vlad's costume with the other. When the costumes have been pretty much demolished, they both go in the other room and get new costumes. Alex covers himself and turns his back, but Vlad doesn't seem to mind if the camera sees everything. Vlad displays his 11-year-old's equipment. He deserves to be proud of it.There is more ordinary wrestling. Alex dominates. After a while, Vlaviu gets in the ring, and so both Vlaviu and Vlad go after Alex. Two little guys against a big one is another way to make mis-matched wrestling interesting. In all, Alex vs. Vlad runs 24 minutes.* The third match is Andrej vs. Lucian. They begin the wrestling routine. At one point one of the boys outside the ring reaches in to pull down the back of a costume. But Andrej and Lucian make it clear this was not welcome. So they just wrestle. This is 9 minutes (perhaps after editing), a reasonable time for this.* The final match is the "melee", with all five in the ring. Now it is wedgie only, where the only goal is to get the costumes off the others. Since two- or three-against-one combinations are possible, sometimes the resistance cannot last long.First they go after Lucian then Andrej (perhaps annoyed by the chaste nature of their earlier match). When their costumes are broken, they leave the ring. We don't see much of Lucian, but Andrej has his lovely private parts on camera (everything of Andrej was previously seen in WW).With just three left, Alex and Vlad go after Vlaviu. Imagine poor little 10-year-old Vlaviu: He is wearing only a skimpy wet sports-brief costume. Two bigger and stronger boys are cooperating to get that costume off. The video camera and the flash camera are eagerly recording everything. Even under this attack, Vlaviu lasts more than two minutes. Vlaviu's cute little penis (with its unusual foreskin) is on view, then covered, time and again, with the flash-flash of many photographs being taken. Vlaviu is less and less able to cover anything, and in due course the costume is completely destroyed. Vlaviu leaves, clutching the remaining little rag to his front. Vlaviu has been giggling and shouting for the whole time, and is still smiling as he walks away. This was probably the best sequence in the video.Finally, it is just Vlad and Alex. Both are very determined. Alex is still bigger and stronger, so soon Vlad's costume is not much good for covering anything. But Vlad ignores that and keeps going after Alex (while the cameras, flash-flash, are interested in Vlad's body: penis swinging vigorously this way and that). When both costumes are destroyed, Alex covers himself with his hand and leaves, but Vlad executes an exuberant nude dance for the cameras.* After the competitions, the five boys come out to the ring to pose for the camera. Lucian, Andrej, and Vlaviu are wearing repaired versions of their costumes. But Alex and Vlad have no costumes left, so just cover themselves with their hands (sometimes) or flaunt themselves (other times). More of this is in a deleted scene included on the DVD. Alex has seemed modest during his matches, but now he freely shows us some wonderfully well-developed equipment for a 12-year-old, including some wisps of pubic hair.* Lastly there is a short interview. We hear a woman's voice asking the questions. It seems that when this woman comes in, the boys lie front-down in the pool for the sake of modesty. (Vlaviu is also nude by then.) Questions and answers are subtitled in English. The questions are mostly stupid ("What is your favorite food?" "What is your favorite color?"). Why not a more interesting question? Like: "What did you feel about the possibility that you would end up naked?" But the boys do enthusiastically say they had fun and would eagerly do this again..........The title for the next video of the series has been announced: "Boy Fights XI: Going Commando" ... Can you imagine that?........ 350c69d7ab