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Old 06-28-2005, 04:47 PM  
TheShark
Registered User
 
Join Date: Jul 2002
Location: Seattle
Posts: 39
Quote:
Originally Posted by SPeRMiNaToR
if another site is hosting the content and you just link to it in an iframe, do you have to have the 2257 docs
It doesn't matter from here the image is physically hosted. If you are responsible for and have control over the web site where the image is being displayed, then according to the regs, you are a secondary producer and must have the records available at your place of business.
As an initial matter, I adopt the holding in Sundance and contend that there is no such thing as a "secondary producer." Second, making the records "available" at your place of business does not mean that the records have to be physically located there. (Hey! Gonzales! Ever heard of the Internet???? Doh!)
The only arguments that I have heard from my breatheren justifying why they believe the records must be located at the secondary's place of business are based on their comments that, "Hey! The feds might want to seize them!" (Right. And I'm going to advise my clients to send copies of all of their records to their affiliates' offices just about the time monkeys fly out of my ass and start break dancing!).
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Rob Apgood
www.adultlaw.com
"We eat what we kill"
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