Didn't the US Supreme Court rule that if it's porn it isn't prostitution?
I kind of remember something like that, but don't quote me on this ; I'm not even US resident, I mostly know about their Law what other say about.
But anyway it's interesting that you point this. I don't remember what was her nickname, but the best earning creator when Patreon ban started was offering nudes and porn to her patrons. I don't remember how much she was earning, but it was 6 digits. And in the same time, she was offering the girlfriend experience to anyone who was rich enough to pay for her company, including her stay on a luxury palace and, if needed, her travel. Most of her clients were Asian CEO and people like that, so you can expect that this too was a 6 digit numbers.
I never was one of her patrons, so I don't know if she advertised for the girlfriend experience directly there, but it seem clear that between her speeches and photos, her Patreon account was the best possible showcase for this part of her activities. So, what was her use of Patreon ? Porn, prostitution, both ? Difficult to say.
And it's one of the problem with amateur porn ; where did it stop doing legal porn, and start doing illegal activities ?
In 2021 the NY Times published the result of their investigation on Pornhub. Underage sex, torture, rape, prostitution, and so on. Of course, a part, and a big one, is fake ; the thirtish mom having sex with her supposed twentish son isn't limited to games.
But a part is real. I remember, years ago, watching a threesome supposed to be totally normal, when at some point the youngest girl said, "by the way mom, I really like the way you suck dad". It was the only instant in all the video that was referring to the supposed relationship... hard to not regard this as being something that is just the truth.
And what about maledom videos ? When it come to porn I'm a switch, and it's amazing the number of maledom videos where the girls suffer and feel fear from starts to stop. Something extremely rare in femdom videos, where the guy always have his moment of pleasure. Are those women better actress, or stuck in an abusive relationship ?
Like you said, there's company dedicated to legal consulting for porn studios. There's a reason behind this. Never say or do something that can let think that the girl was forced to give her consent... Never, unless you want to loose all possibility to earn some money.
Strictly speaking this point do not concern Patreon, because to public knowledge they were never caught hosting such content. But if they were still letting real life porn be hosted, who know when it would have happened ; if it wasn't already happening in some account with low visibility. After all, there's still incest games on Patreon, they are just unnoticed so far.
In the end, I guess that the main issue come from the way VISA and Mastercard presented their demands. I guess they addressed the topics in a global manner, and to be safe Patreon decided to include games into the ban. Not doing it could have harmed all the creators, SFW included. This while doing it permit to continue safely hosting a big parts of the adult content creators.
Doing the same and filming it as porn and they cannot. (at least that is what I vagely remember from one show or another. EU has lots of different laws of course. Depending on the country prostitution might be legal or illegal and porn also works differently.
I'm almost sure that it depend. If you are the one who pay and come with the camera, yes, it's porn. But if you are the one who pay, and she come with the camera, I'm not sure that Justice would still see it as being purely porn. I guess it would depend how good the girl lawyer is at convincing the court that she is offering a service so you can brag that you made a sextape. After all, actors are supposed to be payed because they are on the movie, not the opposite.
It's like escorts. Sex isn't included in the offered service, and come as just a possibility between consenting adults. It's legal in almost all the parts of the world, yet there's regularly escort agencies that face justice and are sentenced. There's always a moment where the line is so thin that you fall on the wrong side. What send back, again, to the companies advising porn makers. They exist so their clients never reach one of those moments.
And, once again, I guess from Jack Conte (Patreon co-founder) speeches that they decided to draw a large line in order to never fall on the wrong side. Both to the eyes of Justice and the one of their payment processor partners.
It's probably also the reason why they decided to outsource their Security and Safety team last year. Using the service of a dedicated company offer a two layers security. Firstly, unlike the guys you would employ yourself, they have a high knowledge of the regulations to follow and how they have to be followed. Secondly, if there's a failure, it's their fault, not yours. And both are as important.