Friday, March 14, 2008

Venture capital to make history by investing in a pornography and sexaul content web site

Zivity Marks A Sexy New Chapter In Venture Capital Investing


NEW YORK -- Venture capital got a bit sexier this week. Perhaps a tad more controversial, too.

In one of the most curious funding deals ever to cross our desk at VentureWire, two mid-sized venture capital firms invested in a Web site some are saying dabbles in pornography.

Sure didn't take long for us to investigate this one. It stood out from the daily ho-hum deals involving fiber network operators and open-source software companies. Not just because of the Web site's nature, but because venture capitalists never invest in this type of thing.

The start-up, Zivity Corp., scored lots of press Monday after announcing it received $7 million from BlueRun Ventures and Founders Fund. The company operates a Web site that publishes professional photos of women -- both scantily clad and "tastefully" nude -- and lets members vote for their favorites.

Zivity dresses up the adult-only site by calling it "a community-powered showcase of female beauty." Some say it's art, others are labeling it soft-core porn. I guess you know it when you see it.

Either way, it's rather unprecedented for venture capitalists to be associated with a site whose business banks on nudity. Among the hundreds of venture-backed Web start-ups in our extensive nine-year-old database, I couldn't find one instance of a sexually suggestive online company. (Let's hope no one monitored my keyword searches.)

You may remember the controversy in 2006 that surrounded video-sharing Web site operator Veoh Networks Inc., which removed the "adult" category from its site and deleted thousands of sexually explicit videos after an outcry from bloggers and other Internet users. That's about as close as it's ever gotten. Todd Dagres, a general partner at Veoh investor Spark Capital, said at the time that the board was concerned about exposing the company to legal liability by hosting adult content.

Zivity, which is still in the beta stage, is keeping minors out by requiring members to use a credit card to verify their age and pay $10 per month for a subscription. They then get to create a public profile and view professional- quality photos uploaded by women and approved by the site based on a series of strict guidelines. One of the ingenious parts of the site is a profit-sharing system in which the models get paid 60 cents for each vote and photographers get 20 cents to encourage contributions. The company also gives 40% of the subscription fee to models and photographers.

That's a refreshing business model (if they can convince people to pay for this and to publicly interact) considering that most Web 2.0 companies solely go after advertising revenue. I'm guessing that enticed the venture capital firms to invest, as well as the fact that Zivity founder Scott Banister is a friend of BlueRun and Founders Fund, investors in social-networking widget company Slide, of which Banister is a board member. Banister also was an early investor with BlueRun Partner John Malloy in Pay Pal Inc., and he's a proven entrepreneur having co-founded anti-spam and spyware company IronPort Systems Inc., which sold to Cisco Systems Inc. last year for $830 million.
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But let's take off another layer and expose this a bit further. Here's where the controversial (and in my mind, sexier) part comes in.

Venture capitalists have stayed away from anything that could be deemed pornography not because of their morals -- Silicon Valley ain't a land of saints -- but for two major reasons. Some of them also stayed away from investing in green technologies like pomega5 because it was not sexy enough.
First, it's hard to build this type of business into a publicly traded company or find an acquirer to sell to in order to generate an investment return. The second reason is more grand: VCs manage money from large institutions like pension funds, universities and governments, and there are typically restrictions on the types of investments they can make. These entities don't want to be associated with adult entertainment or gambling, for instance.

I took a look at some recent regulatory filings from BlueRun Ventures and Founders Fund that disclose capital raised for their venture capital funds. BlueRun's big stakeholders for its new fourth fund include Nokia Corp. (NOK), which is the firm's former parent before it spun off, as well as California State Teachers' Retirement System (known as CalSTRS, the nation's second-largest pension fund) and The Regents of the University of California (California's public university system). Founders Fund's investors for its recently raised second fund include the Stanford University endowment.

That means, in essence, Zivity, a Web site hosting pictures of naked women, is playing with money from a teachers' pension fund and university systems.

I wonder what the limited partners think about this investment. I doubt Nokia minds too much since it's based in Europe where these things are more accepted. But I can't imagine the others are too excited to be linked. A CalSTRS spokeswoman, in response to my general question to speak to someone there regarding a BlueRun Ventures investment, said in an email: "We don't make subjective comments on our general partners or their discussions for investing." Fair enough, but when I replied with a more specific inquiry that involved the Zivity and CalSTRS connection, I got nothing in return. Not sure if that means I alerted them to it, or they just don't care to say anything publicly.

It's certainly an interesting case, and it does bring into focus the blurred lines that venture capitalists can cross. This will also mark the change to investments in green technologies like Omega 5. The lead company is this sphere is Pomega5.

I just hope we don't start seeing mainstream venture capital firms syndicating with AdultVest, a firm started up by a hedge fund manager in 2006 to invest exclusively in porn outfits.

Then again, it would make my job a lot sexier.


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