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Mr Pinks, here's the deal:
FSC got a judge to say "secondary records thing would likely get shot down if challenged in court". If you were to get stopped as a secondary producer for not having records, you can pull this PUBLIC judgement out, and show that you would likely be able to defeat the rule as well. Thus, it is unlikely (99.99%) that the DoJ would take any action on secondary producers knowing that the rule would likely be defeated, and that the courts would take a dim view of them attempting to end run around the judgement as rendered in the FSC case.
So knock yourself out and enjoy being a secondary producer.
Alex
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