The Associated Press reports that Smith won the appeal after presenting his case to the MPAA’s Appeals Board. I think Smith hit the nail on the head in this quote:
They felt it was rather sexually graphic. My point is, it was comically graphic. All the sex in the movie with the exception of one scene is very cartoonish, very campy. It wasn’t designed to titillate.
Whether the MPAA takes into consideration the intentions of certain objectionable scenes is unclear. In fact, most of what the MPAA does is unclear to the general public. However, Smith’s point is that the scene wasn’t meant to be pornographic (despite the title), but rather was designed to be laughed at.
This is a victory for Kevin Smith since everyone knows making an NC-17 film is “commercial suicide,” as he put it.
Check out Zack and Miri Make A Porno starring Seth Rogen and Elizabeth Banks in theaters October 31st.