Nickless

what's the impact of the new 2257 on gallery submitters? anyone knows?

Huggles

I've been practicing:


Would you like fries with that?

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Oracle Porn

I know.
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LadyMischief

Get out while you can, man.

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Nickless

no way

i'm outside the US anyway so i just ask out of curiosity.

margarita

If you're outside US, you can fuck US law, can't you ?

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StarkReality

If you have an account with an US sponsor and you advertise them in the gallery you submit, you better comply...because they'll be fucked if you don't, and that's something that would probably end in a cancellation of your affiliate account.

AaronM

Are you sure about that?

Read these two portions of the proposed regulations...The first one implies that you are correct...The second one implies that you are not.

"(2) A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, a computer-generated image, digital image, or picture, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the content of a computer site or service that contains a visual depiction of, actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing."


"(4) Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following:
(i) Photo processing;
(ii) Mere distribution;
(iii) Any activity, other than those activities identified in
paragraphs (c)(1) and (2) of this section, that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers"


Is a TGP submitter not simply a distributor?

hmmmm.

Get a First Amendment Attorney..

AaronM

Just for clarification...In the above quote...When they say "producer" they are referring to both the primary and secondary.

"(c) Producer means any person, including any individual, corporation, or other organization, who is a primary producer or a secondary producer."

GatorB

Um do you want to be the first one to "test" your theory in federal court?

AaronM

What theory? The one where I said to get a First Amendment Attorney?

I just posted 2 sides to an arguement. I did not give an opinion as to which direction to go with it.

As for my businesses, I don't do a damn thing without being sure that I am doing it according to law. IMHO, Affiliate programs would be foolish to continue to give content to their affiliates.

As both a primary and secondary producer, I personally like these new regulations.

GatorB

Well I'd be dubious of any attorney that says do nothing. Better safe than sorry. As far as affilates well thing like FHG won't be an issue since they host them anyways and I'm sure any responsible sponsor would have the 2257 info on those. You are probally right about sponosrs not giving out free content anymore. But what do they do about all the content they already have given out?

AaronM

Gee...I don't know. Perhaps they will READ THE FUCKING REGS?

Section 75.2 paragraph D specifically.

It's called a grandfather clause.

GatorB

Why are you a smart ass? I'm talking about how do they stop say ME from usig this old content that I have already downloaded? According to what I read this rule applies to content made since 1990. Hmmm maybe an 80's porn site is the way to go.

AaronM

Why am I a smart ass? Because I am sick and tired of people like you who do not discuss things with a proper attorney or even read and comprehend the current laws as well as the new regs and then come here and spread more inaccurate info and create more fear based on that info.

Did you miss the part where I suggest you get a First Amendment Attorney?

It's nice that you can read but your comprehension clearly needs some work. There is NOTHING that states that these new rules are in effect dating back to 1990...Here is the summary followed by the proposed reg.....Pay attention to the BOLD type.

The Summary:

"Records. Proposed 28 CFR 75.2 contains a new paragraph (d) providing for a forward application of the provision of the rule to require that any record that is created for a performer after the effective date of the final rule must include updating of related records to reflect the current standards. This requirement is not a retroactive application, but a requirement that any future change in the records must ensure that all records relating to that performer are complete. The proposed rule will establish an implementation timeframe that is the minimum effective date rule required under the Administrative Procedure Act. See 5 U.S.C. 553(d). Accordingly, producers will be required to comply with the regulations 30 days after publication of a final rule."

Section 75.2 paragraph D states the following:

"(d) For any record created or amended after [insert date 30 days after publication of the final rule in the Federal Register], all such records shall be organized alphabetically, or numerically where appropriate, by the legal name of the performer (by last or family name, then first or given name), and shall be indexed or cross-referenced to each alias or other name used and to each title or identifying number of the book, magazine, film, videotape, computer generated image, digital image, picture, or other matter (including but not limited to Internet computer site or services). If the producer subsequently produces an additional book, magazine, film, videotape, computer-generated image, digital image, or picture, or other matter (including but not limited to Internet computer site or services) that contains one or more visual depictions of actual sexually explicit conduct made by a performer for whom he maintains records as required by this part, the producer shall add the additional title or identifying number and the names of the performer to the existing records and such records shall thereafter be maintained in accordance with this paragraph."


Kindly educate yourself so that we can avoid spreading unneeded fear.

And with that...I really am headed to bed now. Argue with yourself from here.

shermo

Gallery submitters will just be forced to make a DB and hard copy records of the images used, where they're located, etc. I don't see much changing other than the sponsers having to give up the proper forms and ID's to affiliates. The solution would be the info zipped with content sets as an include. The only major change is that all of a sudden, us gallery submitters need to keep records like any other normal person in adult.

However, the privacy of the model is an issue. Perhaps only worthwhile affiliates will have access. We'll see how things turn out in a month. Those who are interested will be hiring attorneys to get this figured out.

AaronM

Hard copies huh?

So much for the new paperwork reduction portion of the new regs.

Good night Sherm.

shermo

Hard copies make Sherm a man that feels safe when he sleeps at night. Fuck the "waiting around" bullshit. I feel like making cash and staying out of jail. the only way to do that is to know that I have the records in hand in case any suits knock down my door.

Night Aaron.

shermo

Damn repost. Sorry.

GatorB

haven't spread ANY info one way or another. Nice attack. Is this your hobby?

Quote:

Did you miss the part where I suggest you get a First Amendment Attorney?

Sure I'm made of money. Not to mention I live in a small rural town in the boonies. Doubt there's any reputable "1st amendment attorney" near me. Yes pay some dude to tell me info I can find myself.

Quote:

It's nice that you can read but your comprehension clearly needs some work. There is NOTHING that states that these new rules are in effect dating back to 1990..

Really?

There are a couple of other miscellaneous changes worth mentioning. First, Section 2257 obligations now apparently apply to any content produced on or before November 1, 1990.

http://www.theadultwebmaster.com/leg...l_update.phtml

Quote:

Kindly educate yourself so that we can avoid spreading unneeded fear. And with that...I really am headed to bed now. Argue with yourself from here.

Quit being an asshole! And quit trying to act like your are smarter than everyone else. You are conceited. Hey maybe you can show me you Mensa membership and MAYBE just maybe you can brag about the size of your brain. Fuck off with you smarter than thou attitude you fucktard.