Quote:
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Originally Posted by ronaldo
You know, I was gonna quote this part and say he's obviously mistaken....
(2) A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, digitally- or computer-
manipulated image, picture, or other matter intended for commercial
distribution that contains a visual depiction of an actual human being
engaged in actual sexually explicit conduct, or who inserts on a
computer site or service a digital image of, or otherwise manages the
sexually explicit content of a computer site or service that contains a
visual depiction of an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a contract,
agreement, or conspiracy to do any of the foregoing.
HOWEVER, when you read further, you DO see this....
(4) Producer does not include persons whose activities relating to
the visual depiction of actual sexually explicit conduct are limited to
the following:
(ii) Mere distribution;
That's where ambiguity sets in and J.D. and his boys make their money.
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I will post this knowing that some people will just believe what they want to believe and will argue about this but...
Some people will always debate on what is really required or not, but if you spend $100,000s in legal fees and go to jail, then it doesn't matter if you were right or not, they still succeed in screwing over the adult webmaster
Well in articles that I have read today from
actual industry legal experts they do say that as the changes would include all affiliates, and was intended to do so as a result of the popularity of TPGs. It would include any affiliate with nude images, including advertising.
With regards to distribution, the misunderstanding here is what distribution is. A distributor is a store that merely sells videos, images, mags etc. They are distinguishing between a reseller and a producer. If you then post images, however you then become a secondary producer under the law. The problem rises any time you actually post nude or erotic images.
Clearly stated here:
(2) A secondary producer is any person who publishes a picture or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a
visual depiction of an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a contract,
agreement, or conspiracy to do any of the foregoing.
There are not ANY exceptions to this, they only include other information to clarify that
mere distributors are not included in the new rule.
The problem actually goes further. It becomes a legal question if even blurred or "censored" images may still require documentation under the law. Why? This is because this law includes "visual depiction of an actual human being engaged in actual sexually explicit conduct", according to the people that created it, this includes images that may not be nude but are clearly engaging in these type of activities. So even if an image is censored some debate it may still require documentation if you *know* what they are doing.
For these that still have not read the new 2257 regulations they can do so at
the Federal Registry here if you still don't get it check out a legal authority like firstamendment.com