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Old 06-25-2005, 10:31 AM  
besterman
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Join Date: Jan 2003
Posts: 623
Quote:
Originally Posted by blackmonsters
While an injunction legally covers those named in the action(FSC members) it is usually not practical for law inforcement to persue anyone during this time.

Reasons:
It only makes sense to grant an injunction when the judge sees a potential that the legal action being taken (2257 investigations of secondary producers) may violate rights and laws of the accused.

It makes very little sence to prosecute non-claimants(non-FSC) during the injuction because the end result could be that the court rules against the DOJ and they would have wasted time and money on reversed convictions.
The accused would then also be able to sue for damages since the court ruled against the action. Jury awards in such cases would be influenced by the fact that even though a judge said "hold off on this" the DOJ went ahead anyway.


Real life example:

I got an injuction against the LAPD that covered me and a few others. But the effect was that the cops stopped the activity in question for everyone.
If the LAPD had continued to write tickets for this activity it would have only added to the number of settlements the city ended up paying. The cops could have wrote anyone but me a ticket but it would have been foolish.

The DOJ is not going to bring 1000's cases this month just to find out that a judge finally ruled the action to be illegal. They have to wait(as a practical matter) for a judge to rule on the legalilty of the new 2257 regs before they actually go after someone under the "new regs".

They of course can and will put your ass in a sling for violating the old regs!!!!



Summary:

The preliminary injuction(agreement) that the FSC acheived is in affect protecting every "legal" webmaster at this time.

By legal I mean no CP; no Beast(USA), no scat...etc...

This is not guaranteed but it is most practical and most usual and most often the case and there is a snow balls chance in hell that anyone will be raided during this aggrement.
NO INJUNCTION HAS BEEN GRANTED YET! What are you talking about??? Only an agreement with DOJ has been set.
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