Joe Francis has found his niche in porn, and Claire Hoffman of the LA Times has a fascinating, albeit disturbing, expose on Francis and his company. The story begins with Francis assaulting Hoffman and screaming, "You don't care about the 1st Amendment. I care about the 1st Amendment, but you are the kind of reporter who doesn't care."
Hoffman also describes the tactics Francis uses to recruit the women in his videos:
Tonight we had spent almost five hours in a sweaty nightclub, crowded with 2,500 very young and very drunk people. Clubs like this are fertile fields for Francis. He's made a fortune selling videos of women who agree to flash their breasts and French-kiss their friends for the cameras. In exchange, a girl who goes wild will receive a T-shirt, a pair of panties, maybe a trucker hat. It had been a typical night for him. He'd scoured the club, recruiting young and, for the most part, intoxicated women.
As you would expect, this strategy comes with some built-in legal hazards:
It seems like Francis spends a lot of money on lawyers. I guess that comes with the territory of filming strangers who take off their clothes. More than a dozen women have sued him, alleging that his company used images of them exposing their bodies on "Girls Gone Wild" videos, box covers and infomercials without their permission. Only a few have convinced the courts that they were unwitting victims. For the most part, judges and juries have sided with Francis' 1st Amendment argument that the plaintiffs' images were captured in public places and that the company was free to use them as it pleased, particularly in light of the fact that the women had signed waivers.
The story is long and describes the day's activities in great detail, including an incident in which one of Francis' recruits claims that Francis forced himself on her. The woman stated, "I told him it hurt, and he kept doing it. And I keep telling him it hurts. I said, 'No' twice in the beginning, and during I started saying, 'Oh, my god, it hurts.' I kept telling him it hurt, but he kept going, and he said he was sorry but kissed me so I wouldn't keep talking."
Much of my life is spent studying entrepreneurs, and I admire many of them. I find nothing admirable about Joe Francis.
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1. Posted by Greg on August 8, 2006 @ 6:08 | Permalink
You have to wonder about his attorney too, who, in responding to the assertion of the allegedly non-consensual encounter:
"Though Mr. Francis cannot speak to Ms. [name in original]'s discomfort during the encounter, other news stories have commented that Mr. Francis is reputedly well-endowed."
2. Posted by Christine on August 8, 2006 @ 7:53 | Permalink
All entrepreneurs exploit something -- an unmet need, an arbitrage opportunity. Starbucks saw that people in modern life might want a place to go and have a tasty coffee in a comfy chair and chat with friends or read a newspaper. Mr. Francis saw that a large number of people like to see drunk college girls take their clothes off. If young men were surreptitiously taking videos of young women to show to their buddies, then facing civil charges, Mr. Francis could step into the void and provide the same service for $14.99. And, he knew that consent is fairly easy to obtain from drunk young women -- they don't negotiate very well. So, while this story may be an expose of Mr. Francis, Mr. Francis wouldn't be a story if there wasn't a market.
3. Posted by Gordon Smith on August 8, 2006 @ 8:52 | Permalink
Christine, you are right, of course, but that doesn't excuse Francis. I notice that Paul Kedrosky made this comment on the story:
[I]t also raises useful questions about entrepeneurial morality. Is there such a thing? Should there? I had a related discussion with a fellow VC not long ago about how most venture guys don't fund adult entertainment or gambling, preferring to stay at least one step removed, despite those being fast-growing and wildly profitable businesses.
4. Posted by Christine on August 8, 2006 @ 10:30 | Permalink
Don't get me wrong, Gordon -- I think he's inexcusable. I think the interesting question is whether or not entrepreneurship is value-neutral. If Mr. Francis was an upstanding person who did good works and gave to charity, but still was the driving force behind the video series and its labor practices, would we respect him more or less?
5. Posted by Jake on August 8, 2006 @ 20:26 | Permalink
Frankly, any woman dumb enough to go into a bar, get drunk, and flash her breasts has no business suing anyone who films it. The debate about the morality of the filmer and supposed First Amendment issues is entirely beside the point.
It's simple. Act in public in an unflattering manner, and someone may record it. That was the case when quill pens were in vogue, and it remains the case today.
6. Posted by Deven Desai on August 9, 2006 @ 10:20 | Permalink
First, thanks for noting the article.
Second, Christine and Gordon, are you two really suggesting a moral compass comes into play in business? I think Christine is pointing to the oddity of how society may forgive (or willingly ignore) questionable acts by someone if that person also offers desired acts as an exchange. BUT that point seems different from the more general issue of morality in business. I think of case law that touches on what must drive a company and almost all the language seems to assert that profit maximization (within the law technically) is the key if not only rationale to follow. Yes this characterization is a bit broad but honestly I am wondering whether law (and business) ethics ever really look at the nature of the business.
As for the comment that VC money stays away from adult and gambling industries, I wonder whether that it is because of the unsavory nature or the unstable nature of management in those fields. Furthermore, gambling seems locked up in the U.S. unless one takes U.S. money and goes offshore. The adult industry seems to be riddled with tales of drug use and criminal investigations for a range of transgressions. In short how open are these industries to VC type of growth and return in the first place? Plus, the problem about what I think is still a key issue for VC money, management team, might be in play more when examining industires that perhaps are at the fringes of whatever business ethics may be. Consider Francis and his behaviors. Successful though he may be, if correct the article notes that when he first started he faced lawsuits for breach of contract regarding the material he used, continually exhibits rage behaviors and further lawsuits, and so on. Would VC really go into business with this person when he started (not when he had stumbled into success)?
Sorry for the long post but you all started some wheels turning.
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