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Old 07-23-2004, 09:20 PM  
neewwman
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Join Date: Jan 2002
Location: Los Angeles, CA, USA
Posts: 1,737
Here's what's wrong with that article and with everything I have seen posted. No one has been talking about two existing court rulings which struck down the existing regulations.

2257 is a STATUTE passed by CONGRESS. What is being changed are the REGULATIONS propounded by the JUSTICE DEPARTMENT.

The original statute says nothing about "secondary producers." Two court cases which have considered the current regulations found them invalid because Congress never intended to regulate "secondary producers" (i.e., webmasters who buy content and put it up on a site).

The new regulations are just as invalid as the old ones.

Unfortunately, the Supreme Court hasn't ruled on the issue so the court rulings don't apply to the whole country. However, it is highly probable that future courts will also hold that the whole "secondary producer" scheme is bullshit.
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