According to this AVN article, non FSC members are not protected.
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_ Article&Content_ID=252970
However, producers of sexually explicit content should pay close attention to the following sentence from the opinion: "Defendant is enjoined, pending the outcome of these proceedings or further order, from treating any of the Plaintiffs or members of plaintiff Free Speech Coalition as 'producers' under 28 C.F.R. part 75 or persons or entities 'produc[ing]' any book, magazine, periodical, film, videotape, or other matter containing one or more visual depictions of actual sexually explicit conduct under 18 U.S.C. §2257, to the extent that plaintiff or member of plaintiff Free Speech Coalition's activity does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performer."
While the above phraseology is somewhat unclear, it appears to say that the judge's ruling regarding "secondary producers" only applies to the lawsuit's plaintiffs ? Free Speech Coalition, New Beginnings and Dave Cummings ? and to members of the Free Speech Coalition. It is therefore possible that the government may attempt to enforce the recent 2257 regulations against any "secondary producers" who are not Free Speech Coalition members.