The convictions seem to indicate that the porn produced by him is illegal, as otherwise they wouldn't get obscenity convictions.
But my point is that law is vague as to what constitutes obscenity. If there's a community out there which finds it obscene, you're doing something illegal, technically. Even though you weren't filming there, didn't advertise there, and nobody forced them to view your work.
Again, there are cases where someone was sued by a DA in a whole other state, and for something as ridiculous as that that community found seeing semen obscene and was trying to set a precedent.
There is no porn you can produce at all without it technically being illegal, because someone _somewhere_ will find it obscene. Getting a conviction, now that's another issue, but it still smacks to me of hypocrisy to pretend that it's all legal and good, but leave a loophole by which technically it's all illegal and bad.
Heck, God help us if some muslim fundies found a village somewhere, because in that community probably even showing a clothed woman but with her head and lower legs uncovered would be obscene. And I don't think that law makes an exemption for that kind of situation.
But it gets better. The charges against Max included using a computer to transport obscene material, and mailing obscene material. I doubt that he was sending free DVDs to random people like AOL. So if you have a website that contains what someone somewhere considers obscene, or run an internet shop selling what someone somewhere considers obscene, technically you're breaking the law.
Now I could see _some_ point in prosecuting those charges if someone was actually pushing that stuff unto unsuspecting people. If someone hacked into some old lady's computer to set a gay anal scene as a desktop background, or actually mailed some obscene photos to everyone in town, I could sorta understand why some people would want to make him stop.
But in this case I think someone had to actively, and of their own free will, whip out the credit card and buy a movie or presumably subscribe to his site. If they find it repulsive and obscene, they can just stop buying it. I just can't see why extra legal protection is necessary.