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If you are a webmaster that is part of many affiliate programs, being an affiliate with Hustler or Vivid could make you open for contributory infringement to the other other sponsors.
How are they going to decide what percentage you are infringing? Looking at your logs? Who knows, it's all new territory.
If you ONLY promote Hustler or Vivid or other sponsors that have signed, then you would be in the clear (based on words by Berman in various articles).
Fight The Patent!
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