Quote:
Originally posted by baddog
that seems to be the easiest/safest route
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Some of the "clarifications" made in the proposed 2257 regulations was that a webmaster made editorial judgements as to what is displayed, therefore they have the record keeping responsibilities of not using underage models.
For those following along with the new regs, you might argue that you have banners setup in rotation or are pulled from remote sources where the banner could change if the website dropped in a new banner, therefore you have no "editorial" control over what is displayed on your page..... you may try to argue a DMCA like argument that you had no control, but in a court, the prosecutor may ask if you had control over other parts of the site, you answer yes, and they would then draw the conclusion that you could have had control over the advertisements that you ran, but you chose not to.
in summary, if you are trying to be creative in defining words like "publish" or "control", etc using a dictionary, you are going to miss out on the legal meanings of these words, and therefore need to check with an attorney about what you are SPECFICALLY doing on your website, rather than talking in generalities as we are doing here.
-brandon