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Originally Posted by Matt 26z
One could think of the website as the rack and the sponsor content as the magazines.
People (affiliates) who do not own the sponsor content have ZERO control over the content itself. They merely present it as is, as someone elses work. Sounds like distributor to me.
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This is how I read it as well.
A porno shop has its own brand, its own identity, its own marketing, etc. They have a phyiscal location, and operate from there, selling other people's materials.
An adult website has its own brand, own identity, domain, marketing, servers, etc. If they're not making content themselves, then they are merely redistributing somebody else's. At least from my perspective, logging into a payout program's site and grabbing some free galleries to put on my site is the digital equivalent of a porn shop operator unboxing new magazines or DVDs that have just arrived.
I'm not an attorney, and am still awaiting official clarification, but I will admit that reading it fully, paying attention to the boldfaced section definitely makes the sky seem to be falling a hell of a lot more slowly than it was before.
Knowing the DOJ and Bush administration, the apocalypic interpretations are certainly a reality, but a more liberal interpretation of the new 2257 regulations could certainly lead one to believe that reposting someone else's content is akin to restocking a virtual magazine rack with the latest smut for the world to see.