Quote:
Originally posted by Lensman
GFY is a service provider, and the rules are different.
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Under DMCA, service providers are exempt from being hit with copyright infringement issues because they don't control what is being displayed on their system.
So all those images that people post up, are copyrighted to someone else, and not licensed to be displayed on the GFY domain.. if it weren't for DMCA, GFY would be liable.
now for 2257, the new regulations define the secondary record keeper as one that makes editorial decisions about what is displayed, thus the responsibilty to have 2257 records and not using underaged models.
This is where attorneys will love to debate.. that whether you can use DMCA as a defense against 2257.
Adult dating sites are facing 2257 issues because they don't make editorial decisions on what people post, but do have concerns about how 2257 applies to them (i don't know the facts on how it would apply or not).
Google could be a target by DOJ because it allows children easy access to porn that is sexually explicit.....
Pic post sites or blind-accept TGP (with thumbs) could try this same angle of saying they are a service provider and don't make decisions as to what goes up on their site.
It's an interesting angle, and one that anyone who feels they going to use the service provider angle will definitely have consulted with 2257 attorney about it.
-brandon