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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
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a 2257 thread for all affils to read....
First I hate to have to add yet another 2257 thread to the growing pile but I've looked over alot of them and some ppl are ONLY quoting part of a VERY important statement, and in doing so I'm sure alot of u.s. ppl are freaking the fuck out....
Here is the statement as it pertains to secondary producers (READ IT ALL!) (2) A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. (3) The same person may be both a primary and a secondary producer. (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 or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplicators; (ii) Mere distribution; AFFILS (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; AFFILS In short: if you ONLY Distro it, OR designed website with it you are safe from the extensive record keeping, Also I read & re-read the whole mess a few times, and though it does NOT say that "It would be acceptable for affils to just have a link to the sponsors 2257 page" with the above statement about the actual deff of a 2ndry producer affils and webdesigners DO NOT FALL UNDER THE SECONDARY PRODUCER CATAGORY. So to affils "The sky is NOT falling" but we as producers and sponsors have to do alot more work ![]() -Loki-
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#2 | |
So Fucking Banned
Join Date: Oct 2004
Location: Midwest, US
Posts: 1,566
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Quote:
Wonder how this whole 2257 enforcement thing will affect Usenet or IRC? ![]() |
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#3 |
Programming King Pin
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Thanks for the clarification Loki
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#4 | |
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Quote:
![]() and so will all the xdcc movie #'s and porn #'s ![]() -Loki-
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#5 |
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Good job spreading false information. Any lurkers that only show up here for important info such as this might take your post as gospel and never come back.
I would suggest you re-read the exact part you posted. If you don't see where you're wrong keep reading until you do. |
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#6 |
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Boy, I sure interpret that differently than you.
But, that's what the law is all about isn't it. |
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#7 | |
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#8 |
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Join Date: Jan 2003
Posts: 202
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chadglni, ronaldo, what the fuck does that shit up above mean to you?
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#9 |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
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I'm not a lawyer but I don't think you are correct. It says pretty clearly : "or who inserts on a computer site or service a digital image of, or otherwise manages the
sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct," Any webmaster that builds any site, free, avs, tgp gallery etc that has pics or movies on it is inserting content into a site. |
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#10 | |
Confirmed User
Join Date: Jan 2002
Location: ICQ#: 272000271
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Quote:
(2) A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. HOWEVER, when you read further, you DO see this.... (4) Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following: (ii) Mere distribution; That's where ambiguity sets in and J.D. and his boys make their money. |
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#11 |
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so then tell me exactly what is your affils job classification?
Their "job/s" are to take your content (not saying you directly) that they had NOTHING TO DO WITH shooting etc, put it onto a webpage, gallery, site etc etc and send traffic to it to generate you sales. Now as the GOV's deff of who MUST be maintaing and providing records that is PRODUCERS & SECONDARY PRODUCERS. and by THEIR deffention: (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 or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplicators; (ii) Mere distribution; AFFILS (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; AFFILS Show me where this WOULD NOT apply to Affils. -Loki-
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#12 | |
So Fucking Banned
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#13 | |
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#14 | |
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Quote:
![]() and that is EXACTLY what I meant in my very first few lines of my posts about these ppl are only SKIMMINGand then freaking out. -Loki-
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#15 | |
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#16 |
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Here, I'm going to post part of what you commented on above with some of the run on shit taken out. Lets see how it looks to you then....
(2) A secondary producer is any person who publishes a picture or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. I can highlight text too. So who's reading wrong? The part you bolded says EXCEPT those listed in this section. |
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#17 |
Too lazy to set a custom title
Join Date: Aug 2001
Location: portland, OR
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to me it's confusing. One line says that people who put an image on a website are considered secondary producers. But then it says that people that distributes the content is not. I guess I don's see the difference. If I put some pics on a website and use that to send traffic to a sponser and get a commision from a sale how is that different from a store owner having a magazine that he sells and gets a commision on the sale.
I can see it both ways here. ya gotta love the lawmakers |
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#18 | |
Too lazy to set a custom title
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#19 |
Two fresh affiliate progs
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Good thread.
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#20 | |
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#21 |
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instead of fighting back and forth all day on the wording these guys used, my bottom line is this:
They claim that only Producers and secondary producers will be held liable for keeping all the proper records, you and I are using the exact SAME paragraphs, You are right and I am right, the simple reason for this is: They say one thing then contradict it in the exclusion paragraph. It also states in (iii) that if you do not have anything to do with getting the models for these shoots again your not lumped into the producer roles. I read this all to say that if you are just an affil then most likly (i) (ii) (iii) makes you safe from record hell. -Loki- -Loki-
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#22 |
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Promoting something you haven't built(published) is a mere distribution
Promoting something you've built is mere destribution + makes you a producer (secondary for using whoever else's content).
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#23 | |
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Join Date: May 2005
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Quote:
Some people will always debate on what is really required or not, but if you spend $100,000s in legal fees and go to jail, then it doesn't matter if you were right or not, they still succeed in screwing over the adult webmaster Well in articles that I have read today from actual industry legal experts they do say that as the changes would include all affiliates, and was intended to do so as a result of the popularity of TPGs. It would include any affiliate with nude images, including advertising. With regards to distribution, the misunderstanding here is what distribution is. A distributor is a store that merely sells videos, images, mags etc. They are distinguishing between a reseller and a producer. If you then post images, however you then become a secondary producer under the law. The problem rises any time you actually post nude or erotic images. Clearly stated here: (2) A secondary producer is any person who publishes a picture or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. There are not ANY exceptions to this, they only include other information to clarify that mere distributors are not included in the new rule. The problem actually goes further. It becomes a legal question if even blurred or "censored" images may still require documentation under the law. Why? This is because this law includes "visual depiction of an actual human being engaged in actual sexually explicit conduct", according to the people that created it, this includes images that may not be nude but are clearly engaging in these type of activities. So even if an image is censored some debate it may still require documentation if you *know* what they are doing. For these that still have not read the new 2257 regulations they can do so at the Federal Registry here if you still don't get it check out a legal authority like firstamendment.com |
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#24 |
The one and only!
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i would definitely check with a lawyer on all this stuff
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#25 |
lol
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That makes sense.
What people are failing to realize also, is these reg are also aimed at PERFORMERS who don't file or pay their taxes. Its a nightmare for the gov to keep track of these people who work all over as contractors or for cash the same day they shoot. Therefore they want more info from the PRODUCERS as in the people who make the porn, which helps keep track of this as well. Affiliates should have nothing to do with this because we are just selling memberships. Its not our job or obligation to make sure these performers are legit through the companies they shoot for or to keep track of them and their stage names. Think about it: What does the government really want? MONEY. They want money, and if they can tighten things up along those lines they can track down the people who owe them taxes. I mean seriously, how many big companies are even stupid enough to produce cp? They're not. Not in this country anyhow. Money is the name of the game here. |
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#26 |
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Aside from the legal definitions.. what do you all look at as:
Primary Producers & Secondary Producers ? Lets all put some examples on the table. Here is my perspective: Example = MILFHunter.com Primary Producer = white guy (milf hunter), camera man (2257 responsible) Secondary Producer = Nastydollars.com, anyone who purchases their content for re-distribution. (2257 responsible) distributor = affiliates (doesnt really own any content, so there is no record keeping required) |
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#27 | |
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#28 | |
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Taxes and Cleaning the internet, now go to Church.... LOL |
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#29 | |
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Your approach is better if true.
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#30 | |
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Join Date: Apr 2005
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Quote:
Buy the content from nastydollars.. publish a website... = secondary producer |
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#31 | |
OU812
Join Date: Feb 2001
Location: California
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Quote:
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#32 |
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To hell with all of that...wtf is sexually explicit? Seems like a dumn question, but since it is not clearly defined...it means that it is open to interpretation...and that can be scary.
The asshole inspecting might think that sexual explicit is topless....another guy might think there has to be some insertion....another two naked people together but only kissing... |
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#33 | |
ICQ- five seven 0 2 5 5 0
Join Date: Jan 2001
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Quote:
HEY, get back to work man! ![]() .heh
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#34 | |
OU812
Join Date: Feb 2001
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Quote:
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#35 |
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Distributor ambiguity.
Man with pics on porn site does. Man with dirty book on news stand does not. Remembering that man with dirty book on news stand has the explicit images. There must be something missing ? |
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#36 | |
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Join Date: Nov 2001
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Quote:
2256. Definitions for chapter Release date: 2004-08-06 For the purposes of this chapter, the term- (1) ?minor? means any person under the age of eighteen years; (2) ?sexually explicit conduct? means actual or simulated- (A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) bestiality; (C) masturbation; (D) sadistic or masochistic abuse; or (E) lascivious exhibition of the genitals or pubic area of any person; |
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#37 |
So Fucking Banned
Join Date: Oct 2003
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Loki, you really don't understand. Distribution is only for things like the actual SALE of DVDs or magazines (or movement thereof to retailers). Creating a website is (for the purposes of these rules) an act of publishing or producing clearly spelled out in the law.
Sorry, but affiliates using sponsor content are in a heap of shit right now unless the programs provide documentation for all those images and movies. Alex |
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#38 | |
So Fucking Banned
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#39 | |
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#40 | |
So Fucking Banned
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#41 |
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This thread should be closed it starts off with a very damaging incorrect reading of the regulations. If you follow that advice, your next worry will be what to do if you drop the soap in the prison shower.
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#42 | |
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Join Date: May 2005
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Quote:
You are 100% right in that this is exactly where issues will be raised most however. Legal experts are debating that anything that implies sex can be sexually explicit. This means that they do not necessarily EVEN need to be nude to fall into this trap. The interpretation/enforcement by officials will be the lawyers bread and butter here. |
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#43 |
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Join Date: Jan 2003
Posts: 1,699
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I think you guys need to read this part carefully, affilates are not distrubutors like a magazine shop, they create,change rework images and video and republish.
(2) A secondary producer is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally- or computer- manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing. |
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#44 | |
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#45 | |
Confirmed User
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Quote:
the actual deff of producer and 2ndry producer falls on the DOJ and only the DOJ, what WE think is correct or not means shit. but in the DOJ's wording affils are & are NOT 2ndry producers the only thing I was trying to point out is that after the sentance about inserting images on a site, it goes on to say that if you mearly distro content or have nothing to do with making the content (iii) then you are NOT a secondary producer. I'm deff not a lawyer nor would I want to be I dont feel I gave any advice unless you call what I said about posting a link to your sponsors 257 links on your sites to be advice, and if thats the case I'm far from the first person to voice that idea. My only point that I'm trying to make (and like I said getting killed over) is the sky is not actualy falling just yet. This thing says one thing then changes from start to finish. I'm gonna sit back now and see what the lawyers have to say about all of this crap. -Loki-
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#46 |
I'm Lenny2 Bitch
Join Date: Mar 2001
Location: On top of my soapbox
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Loki you're an idiot, and you should be kicked in the fucking teeth for giving people a false sense of security.
Everything Loki is saying is bullshit!!! Of course, if you're willing to take something a person named Loki posted on a messageboard as legal advice, and let 5 years of your freedom hang in the balance, then you probably deserve what you get.
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#47 | |
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Join Date: May 2005
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Quote:
You are 100% right in that this is exactly where issues will be raised most however. Legal experts are debating that anything that implies sex can be sexually explicit. This means that they do not necessarily EVEN need to be nude to fall into this trap. The interpretation/enforcement by officials will be the lawyers bread and butter here. |
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#48 | |
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![]() was just trying to stop the chicken little bullshit, tired of seeing everyone yelling doom and gloom without the full facts, or legal advice. but I forget ppl just want drama -Loki-
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#49 |
Too lazy to set a custom title
Join Date: Jun 2004
Location: Brasil
Posts: 15,778
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as I already said: FUCK 2257! I am not an US citizen!
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#50 | |
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