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Allison, with due respect to your learned lawyers, I think that the DOJ intention is to make the rules as difficult to comply with as possible. The cross reference requirements, the single image to model release matching, the secondary producter provisions, etc, are all created specifically to make it somewhere between hard and impossible for people to have complete records AT THEIR BUSINESS LOCATION. I read no provision for remote access to third party locations for those documents.
It is clear also that they have made no provision for "custodian of records" this time around. You can't have your lawyer, your buddy, or some guy selling his services be your custodian of records - you have to have the records. This is another reason why I am not sure that electronic access would pass muster. The idea is good, but I am not sure of the reality of the situation. Scoreman, thanks for that info. I would like to see what more programs are considering doing here. Alex |
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Luckely most content providers and photographers supply headshots with 2 IDs nowadays, makes it a lot easier. |
the amount of workload something like this means is scary...shiiiittt
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We can hope. In the mean time, what are programs planning to do about free content?
Alex |
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There was a thread yesterday saying that forums like GFY would have to keep 2257 information. That's ridiculous - Lensman cannot be held responsible if a GFY member posts a death threat on this board, and he will almost certainly not be held responsible if someone posts a photo without 2257 info. There is a difference between a porn company posting movies to make a profit and a hosting company, ISP, or adult forum, where users may make their own posts or post their own content. There would be serious free speech issues if Yahoo was suddenly legally responsible for all of the content posted or created by their members. |
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This is a great thread. Serious issues, serious discussion and hopefully soon some serious solutions.
I don't believe even sponsor hosted content and/or galleries would help if its passed in its current form... meaning if the site giving access to the SHG must have compliance on their access site. (even sponsors offering links to compliance on each of their galleries would still leave the originating feeder site in non-compliance.) Converting all the feeder sites to text-based-only still leaves the issue of banner ads etc. We definately need some clarification on this before we can truly brainstorm for solutions. Heck .. even consider Googles image search, as I see it even they would be liable to provide 2257. They certainly can't provide onsite compliance for all the naught pictures they show. |
makes me glad that none of my site have got a single picture on them
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best thread i've read in awhile
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Just another example of how stupid these fucking regulations are. |
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WW4L |
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A wait and see attitude is logical given the importance of the data sponsors may need to release but the question is, 1) will your big affiliates have the necessary time to accomodate their sites to fit the new regulations? You mention free sites, what about those affiliates with extensive networks? 2) Will sponsors provide the necessary tools or are affiliates on their own? Having the documentation is a small part of the problem. Affiliates may have to face another hurdle: creating scripts that will handle their own crossed-reference material... and where is that technology going to come from? Most affiliates will not have the manpower to comply within 30 days. Finally, according to your analysis, blogs may also become casualties of war. The only way around this will be getting doumented content and keeping records straight as much as paysites will have to do. |
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