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Originally Posted by Drunkspringbreakgirls
Any primary producer who fails to release the records to a secondary producer is simply in violation of the regulations
Straight from the regs
If you dont send them the records they should have the right to get their money back.
I dont like this any more than you but thats how I read it.
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That's not straight from the regs....it's straight from the DOJ's response to comments on the regs.
That's their interpretation of what the regs mean, not necessarily the conclusion the court will come to.
The DOJ also seems the think that since the DC district court didn't specifically say there was something wrong with the secondary producer provisions of the regs in 1994 that they're ok too. (Even though that issue was never argued before the DC court)
They also go even further and dismiss the Sundance ruling which was made a year after the DC court ruling, AND in which the secondary producer provisions were specifically addressed.
It takes some serious mental gymnastics to come to the conclusions the DOJ has made.