View Single Post
Old 06-07-2005, 02:06 PM  
jayeff
Confirmed User
 
Join Date: May 2001
Posts: 2,944
People are jumping on this because it likely suits their own agendas, but a little analysis wouldn't hurt.

The provision of sexually explicit material by a primary producer to a secondary producer - without the required documentation - is itself an offense. The new regulations do not specifically state that this also applies to transactions between secondary producers, but I doubt any lawyer would recommend a client to put himself in the position of potentially needing to defend himself on this technicality. Likewise, I wouldn't want to have to argue that by making content available, I wasn't actually providing it.

So although the effect of Karup applying the same rules to US and non-US affiliates is to keep the playing field level, if they had good legal advice, it was done out of self-interest. That isn't a criticism, just an observation and a suggestion to recognize that US-based sponsors who do not similarly protect themselves could find themselves hosting gentlemen from the DOJ before too long. They might be baskets into which you don't put too many of your eggs.

It happens that I have respected Karups for years, so I'm not bothered by their statement that they will terminate anyone using their hardcore to promote them (unless they are 2257 compliant, which they cannot be unless Karup provide the docs). But that is potentially one heck of a catch-all in the hands of less scrupulous sponsors and we can all think of examples from the past. It will be an even worse idea in future to sign up with a sponsor with carefully reading the fine print.

Finally, we can expect the people who are hoping to see the end of free porn, those who don't want to have to maintain records and the - I suspect very few - with genuine concerns about the models, to applaud this kind of policy. Just don't let their enthusiasm disguise the fact that the only effect of these moves (and therefore of the legislation itself) is to put US sponsors and (most) US webmasters at a disadvantage.

Yes I know we can use softcore to promote hardcore sites (at least so long as the softcore pics don't come from partially hardcore sets and wouldn't the consequences be unpleasant if you didn't realize that's what you were doing and got caught?) and I know we can promote anything with text alone. But that "we" isn't "we" at all... it's "some of us". It takes a special creativity to do either of those things. Some webmasters have it and have always gone that route, but there are a lot of people who will soon discover they don't have the necessary talent. Before you get too caught up in the general hysteria, just recognize that many of those who are cheering on policies such as the one Karup has announced, are doing so because they fully expect a lot less competition in future.
jayeff is offline   Share thread on Digg Share thread on Twitter Share thread on Reddit Share thread on Facebook Reply With Quote