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Old 02-28-2004, 07:24 PM   #1
ibuydomains
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Paris Hilton sues over video... (when not if)

When it happens, could XPAYS affiliates be partially liable for advertising it? Included in the lawsuit?


Also XPAYS themselves dont have the 2257 records...

"In fulfilling its obligations under 18 U.S.C. § 2257, XPays Inc. relies on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. § 2257.

Therefore, 18 U.S.C. § 2257 information is available from:

Richard Salomon, Custodian of Records"
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Old 02-28-2004, 07:26 PM   #2
tbabe
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well, theres no doubt she's 19 in the video. but theres also no model release which i find interesting
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Old 02-28-2004, 07:26 PM   #3
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There are going to be so many webmasters advertising that I'm sure they won't go after them. They'll probably just go after XPAYS and send individual webmasters cease and desists.
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Old 02-28-2004, 07:31 PM   #4
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I agree, webmasters will get a stop now or else. If they keep advertising it, that's when they could get in trouble.
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Old 02-28-2004, 07:41 PM   #5
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One thing I noticed is that neither trustfundgirls.com nor xpays' banners for the video ever mention Paris Hilton by name. They mention Rick by name, and "hotel heiress" and "trust fund girl," but I think they're trying to avoid a potential misappropriation of publicity or trademark infringement issue if they used her name.
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Old 02-28-2004, 07:43 PM   #6
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Quote:
Originally posted by swoop
I agree, webmasters will get a stop now or else. If they keep advertising it, that's when they could get in trouble.
thats what will happen I think
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Old 02-28-2004, 08:20 PM   #7
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Not sure 2257 documentation would be required. It's amateur video and not actors, so I'm not sure how it'd be applied or if it can. Interesting to know though.

Cheers,
Matt
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Old 02-28-2004, 08:28 PM   #8
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I love the words RICO.
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Old 02-28-2004, 08:30 PM   #9
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I heard she was still 17, almost 18 when she made that tape.
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Old 02-28-2004, 08:31 PM   #10
tbabe
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Quote:
Originally posted by Ganjasaurus
I heard she was still 17, almost 18 when she made that tape.
she was 19, its actually mentioned in the tape cause she's drinking a bottle of wine
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Old 02-28-2004, 09:10 PM   #11
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Quote:
Originally posted by ibuydomains
When it happens, could XPAYS affiliates be partially liable for advertising it? Included in the lawsuit?


Also XPAYS themselves dont have the 2257 records...

"In fulfilling its obligations under 18 U.S.C. § 2257, XPays Inc. relies on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. § 2257.

Therefore, 18 U.S.C. § 2257 information is available from:

Richard Salomon, Custodian of Records"


After reading that, how could the affiliate possibly be held responsible?
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Old 02-28-2004, 09:11 PM   #12
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Im tired of Paris Hilton.
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Old 02-28-2004, 09:12 PM   #13
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FOlks, that isn't a "pass it to the affiliates" language, that is "pass it to the film maker / distributor. Read 2257 closely, you have to have records if you have the primary creator / distributor of the material. It is not required that each person selling advertising for this thing have the documents.

HOWEVER, if you knowingly promote CP or other, like any other offence in the books... your ass is toast.

Alex
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Old 02-28-2004, 09:16 PM   #14
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Quote:
Originally posted by RawAlex
FOlks, that isn't a "pass it to the affiliates" language, that is "pass it to the film maker / distributor. Read 2257 closely, you have to have records if you have the primary creator / distributor of the material. It is not required that each person selling advertising for this thing have the documents.

HOWEVER, if you knowingly promote CP or other, like any other offence in the books... your ass is toast.

Alex
I knew someone smart was reading this thread somewhere.

whew!
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Old 03-01-2004, 02:19 AM   #15
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nice
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Old 03-01-2004, 02:31 AM   #16
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bitch she has enough monry
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Old 03-01-2004, 02:47 AM   #17
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If he filmed the video with her consent, and they're not using her name at all, what can they sue over? 2257? lol

I guess the Hilton lawyers could bankrupt even most millionaires with legal bills even if they don't have a case.

I suppose the lawsuit = more publicity for Paris once the scandal gets boring.
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