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Originally posted by Scootermuze
If you have something illegal on your site, then 2257 compliance would become a moot issue in that you wouldn't be in compliance..
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Agreed.
Quote:
Originally posted by Scootermuze
If you have a text link to illegal content, you could possibly be looked at as assisting in the promotion of that content..
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I agree as well.
Quote:
Originally posted by Scootermuze
2257 applies to those who actually produce or manufacturer the content..
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Inaccurate.
2257 also applies to secondary producers, which would be the gallery maker.
Quote:
Originally posted by Scootermuze
from 18 usc, 2257
(3)
the term ''produces'' means to produce, manufacture, or publish any book, magazine, periodical, film, video tape or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and .....
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Again, not entirely accurate.
There are some inconsistencies in the law that a good lawyer could probably use to your benefit, but I for one wouldn't want it to get to that point.
http://articles.ynotmasters.com/feat...al_briefs.html
A "secondary producer" is defined in 28 CFR 75.1(c)(2) as any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct.
On the other hand, a person whose activities are strictly limited to distribution is specifically excluded from the category of a producer.
Under the definition of "secondary" producer as set forth above, it would appear that a web site operator who acquires graphic content of actual sexual activity created by others and includes that content as part of his web site would most likely be classified as a secondary producer under this definition.
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While the "primary producer" is required to create and maintain records which contain all the specific information required by 2257, the secondary producer may satisfy the record keeping requirements by:
1. Accepting a copy of the required records from the primary producer; and
2. Keeping a record of the name and address of the primary producer from whom he received copies of the records. (28 CFR 75.2 (b))
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