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Originally Posted by andrej_NDC
I think the origin of the thumb is important, if its from a hardcore gallery, doesnt matter if its softcore or not.
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That's a gray area my lawyer pointed up. Part of the DOJ's language appears to relate to the specific image you are showing (although even that leaves ambiguity as to whether a cropped-to-softcore image can be regarded as softcore) and part to the complete photo-session from which the image is taken (which actually makes more sense since their aim is to ensure that minors are not involved in making porn).
A potential problem arising from that interpretation, is that even if you attempt to play safe and insist on softcore images pointing at softcore-only photosets, content providers, let alone sponsors putting a few pics into a gallery, may split the output of shoots into several sets. You may believe you are linking to a softcore photoshoot, when in fact you are not.