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eroswebmaster 05-25-2005 11:40 PM

Quote:

Originally Posted by exportyourbiz-com
:disgust

I can't believe how difficult this is to get through to you.

The US government cannot inspect records of foreign affiliates. You are making up some hypothetical scenario of a sponsor getting in trouble for an affiliate not being in compliance while the US government cannot possibly know whether or not the affiliate is in compliance. How does this 'hassle with the law' come about?

LOL you are the one who is being difficult to understand.

Let's say you are promoting for sponsor A who lives in BumFuck, Nevada, America.
You are using their content to promote them, but you are living in BumFuck, Argentina.
Someone sees your for example gallery that you built using SponsorA's content to promote his site.
You did not link to the 2257 information as stated in their terms of service.
A surfer sees the model and thinks..."Hmm..she looks awfully young." and reports it to their District Attorney in BumFuck, Arkansas.
The District Attorney in BumFuck, Arkansa contacts the District Attorney in BumFuck, Nevada who then sends out investigators to check out Sponsor A's legal documents.
Now because the owner of SponsorA has to go through the hassle of the Law visiting his offices he no longer wants to deal with the webmaster in BumFuck, Argentina who thinks they do not have to comply with 2257 laws because they are not US citizens.
So the owner of Sponsor A who is compelled by law to follow those laws, and does not with to spend any jail time just becaues a webmaster in BumFuck, Argentina thinks he/she deserves his/her $30pps will now just close said webmasters account.

Figure it out yet.

Not saying this is how it will happen, not saying this WILL happen...but just because you are outside the US don't think this does not affect you in anyway shape or form.

When it affects your business to business peers, it does affect you.

eroswebmaster 05-25-2005 11:42 PM

Quote:

Originally Posted by exportyourbiz-com
With no way of enforcement or punishing businesses not complying it's not much of a law in the practical sense.

The way it's enforced is sponsors won't work with you, unless you work within the confinements of the US law.

Why?

Because they have to, and don't want to go to jail for you.

exportyourbiz-com 05-25-2005 11:46 PM

The obvious solution is fake addresses for the Custodian of Records, it was already mentioned in this thread.

Nobody can check if the records actually exist or not.

GatorB 05-25-2005 11:48 PM

Quote:

Originally Posted by exportyourbiz-com
Sponsors can't check for compliance.

Oh really? Then how come even though beastiality is legal in some countries but webmaster from those countries can be banned from sponsors if they used beastiality content on to promote those sponsors sites? I eman after all if it's legal where you live how can a sponsor do that? Um..... BECAUSE THEY CAN. So if a sponsor puts in their TOS that ALL affiliates have to abide by 2257 they certianly can kick you out of thier program is you choose not to abide by 2257 not matter WHERE you live.

exportyourbiz-com 05-25-2005 11:51 PM

Quote:

Originally Posted by GatorB
Oh really? Then how come even though beastiality is legal in some countries but webmaster from those countries can be banned from sponsors if they used beastiality content on to promote those sponsors sites? I eman after all if it's legal where you live how can a sponsor do that? Um..... BECAUSE THEY CAN. So if a sponsor puts in their TOS that ALL affiliates have to abide by 2257 they certianly can kick you out of thier program is you choose not to abide by 2257 not matter WHERE you live.

Apples & oranges.

I can sit at my office in Vegas and see that a foreign webmaster is using beastiality on his sites. I can't sit in my office in Vegas and inspect somebody's records on the other side of the world.

I would have to physically travel to the Custodian of Records to inspect the documents.

directfiesta 05-25-2005 11:53 PM

Quote:

Originally Posted by eroswebmaster
do you deal with any american sponsors?

So what ????

If he resides out of the US, host outside of the US, uses non-us billers ....

He advertises with pics some US sites ... Noty his problem. The US site , they must conform, not him ....

This is an american law for american corps and individuals. Foreigners are liable only if they host in the US and/or process in the US and mainly if they break the law in THEIR COUNTRY !

xxxjay 05-25-2005 11:54 PM

Quote:

Originally Posted by exportyourbiz-com
The obvious solution is fake addresses for the Custodian of Records, it was already mentioned in this thread.

Nobody can check if the records actually exist or not.

That is a violation of the law in itself.

eroswebmaster 05-25-2005 11:55 PM

Quote:

Originally Posted by directfiesta
So what ????

If he resides out of the US, host outside of the US, uses non-us billers ....

He advertises with pics some US sites ... Noty his problem. The US site , they must conform, not him ....

This is an american law for american corps and individuals. Foreigners are liable only if they host in the US and/or process in the US and mainly if they break the law in THEIR COUNTRY !

LOL dude try reading the thread..that is the point I made...but you're always too worked up about trying to be Anti-American it clouds your comprehension.

Like I told him up above get all the non-us counterparts lined up.

But if he does work with US sponsors yeah it's their responsibility to conform...but if you think they are going to allow webmasters who won't help them to conform to continue to promote them...once again good luck with that.

:thumbsup


I guess maybe the solution is for all US sponsors to just cancel all non-us affiliates..you guys don't seem to want to work out a solution where the US sponsor can continue to operate their business without legal hassle.

Where does that get you in the end? Maybe some of your favorite sponsors shut down?

exportyourbiz-com 05-25-2005 11:56 PM

Quote:

Originally Posted by xxxjay
That is a violation of the law in itself.

Yes but foreign webmasters have full indemnity of the law that they are technically violating.

The records cannot be verified for foreign webmasters.

Back to square one.

DateDoc 05-25-2005 11:56 PM

Quote:

Originally Posted by exportyourbiz-com
With no way of enforcement or punishing businesses not complying it's not much of a law in the practical sense.

Lets look at this example: The US DOJ sends you an email requesting to see your 2257 compliance information as they cannot find it on your website. You, not being American, either ignore them or send them a smartass email. Since they can't get in touch with you they target the sponsor. Do you really think a sponsor wants that? Are all your sponsors now going to be based outside of the US, not owned by a US citizen/resident, have offshore web hosting and European billing? You may not want to comply but a sponsor may close your account if you don't. CYA buddy. the sponsor surely will his.

directfiesta 05-25-2005 11:57 PM

Quote:

Originally Posted by BusterPorn
Hmmm, lets say I am a sponsor and you are the affiliate. You are using my materials to promote my website. If you host any of my images I'd make sure you had all the proper documentation. Why? Because if you don't have it I am sure that DOJ is probably going to come check and make sure I have it. Will I have it? Yes. Will I be thrilled that because of you I have to deal with the DOJ? No. Please just consider your account closed and all monies earned forfeited.

:1orglaugh :1orglaugh

50 affiliates screw the 2257

And what/who will prevent a nerd to put your pictures ( without your knowledge and authorisation) on a webpage ... ????

exportyourbiz-com 05-25-2005 11:58 PM

I also haven't seen any wording in the law that would hold sponsors responsible for the websites run by their affiliates.

Free content is a moot point considering any sponsor that would care to ban non-compliant affiliates would be providing documentation with each free content set.

eroswebmaster 05-25-2005 11:58 PM

Quote:

Originally Posted by exportyourbiz-com
Yes but foreign webmasters have full indemnity of the law that they are technically violating.

The records cannot be verified for foreign webmasters.

Back to square one.

Nope the sponsors won't let you promote them...you're back to square one building your own sites, hosting them on non-us servers, using non-us processors.

exportyourbiz-com 05-26-2005 12:00 AM

Quote:

Originally Posted by BusterPorn
Lets look at this example: The US DOJ sends you an email requesting to see your 2257 compliance information as they cannot find it on your website. You, not being American, either ignore them or send them a smartass email. Since they can't get in touch with you they target the sponsor. Do you really think a sponsor wants that? Are all your sponsors now going to be based outside of the US, not owned by a US citizen/resident, have offshore web hosting and European billing? You may not want to comply but a sponsor may close your account if you don't. CYA buddy. the sponsor surely will his.

THE US GOVERNMENT CANNOT INSPECT THE RECORDS OF FOREIGN WEBMASTERS

The DOJ sending an email asking to inspect physical records on the other side of the world? What are you going on about?

:helpme

The 2257 regulations regarding what needs to be published on your website (address of the Custodian of Records) have not changed since the old regulations.

thonglife 05-26-2005 12:00 AM

Quote:

Originally Posted by BusterPorn
Lets look at this example: The US DOJ sends you an email requesting to see your 2257 compliance information as they cannot find it on your website. You, not being American, either ignore them or send them a smartass email. Since they can't get in touch with you they target the sponsor. Do you really think a sponsor wants that? Are all your sponsors now going to be based outside of the US, not owned by a US citizen/resident, have offshore web hosting and European billing? You may not want to comply but a sponsor may close your account if you don't. CYA buddy. the sponsor surely will his.

I wonder if Interpol is gonna have any type of hand in this now.

exportyourbiz-com 05-26-2005 12:01 AM

Quote:

Originally Posted by eroswebmaster
Nope the sponsors won't let you promote them...you're back to square one building your own sites, hosting them on non-us servers, using non-us processors.

What part of 'the sponsors can't check for compliance' and 'the sponsors can't tell if the custodian of records address is fake' don't you understand?

GatorB 05-26-2005 12:01 AM

Quote:

Originally Posted by exportyourbiz-com
Apples & oranges.

I can sit at my office in Vegas and see that a foreign webmaster is using beastiality on his sites. I can't sit in my office in Vegas and inspect somebody's records on the other side of the world.

I would have to physically travel to the Custodian of Records to inspect the documents.

You can see if their site even bothers to put up a 2257 link. It seems someone who wants to say "fuck you" to American law wouldn't even do that. If they don't even have that you know they don't have the record so you cancell their account.

And as someone has said if Euros are going to be dicks about this just not allow them into your program. Fine by me, less comptetition. Especially if I have to compete at a disadvantage.

eroswebmaster 05-26-2005 12:01 AM

Quote:

Originally Posted by exportyourbiz-com
THE US GOVERNMENT CANNOT INSPECT THE RECORDS OF FOREIGN WEBMASTERS

The DOJ sending an email asking to inspect physical records on the other side of the world? What are you going on about?

:helpme

The 2257 regulations regarding what needs to be published on your website (address of the Custodian of Records) have not changed since the old regulations.

you have to be a troll from one of those on this board who actually consider themselves someone...this is old you're repeating the same shit over and over and have not forwarded your argument one iota.

exportyourbiz-com 05-26-2005 12:02 AM

Quote:

Originally Posted by thonglife
I wonder if Interpol is gonna have any type of hand in this now.

No, since 90%+ of foreign webmasters have full indemnity from the 2257 laws.

eroswebmaster 05-26-2005 12:03 AM

Quote:

Originally Posted by exportyourbiz-com
What part of 'the sponsors can't check for compliance' and 'the sponsors can't tell if the custodian of records address is fake' don't you understand?

What part of sponsors dn't have to check..they just terminate you do you not understand?

directfiesta 05-26-2005 12:03 AM

Quote:

Originally Posted by xclusive
They could block your sites from us servers no problem. Many countries like china already do this and it will put a serious limitation to your business.

That would look good in the worldwide " spreading of freedom "...

Look daddy, the USA is now like Chinas and like Russia was ...

On the other hand, it won't be the first freedom or rights that they trample over ...

GatorB 05-26-2005 12:03 AM

Quote:

Originally Posted by exportyourbiz-com
What part of 'the sponsors can't check for compliance' and 'the sponsors can't tell if the custodian of records address is fake' don't you understand?

Well let's see sponsors already have rules against that people from certain countires can't be affiliates maybe they'll extend that to ALL non-us citizens.

exportyourbiz-com 05-26-2005 12:04 AM

Quote:

Originally Posted by GatorB
It seems someone who wants to say "fuck you" to American law wouldn't even do that. If they don't even have that you know they don't have the record so you cancell their account.

Again this is easily worked around in all of 5 seconds.

exportyourbiz-com 05-26-2005 12:05 AM

Quote:

Originally Posted by GatorB
Well let's see sponsors already have rules against that people from certain countires can't be affiliates maybe they'll extend that to ALL non-us citizens.

Then that's a massive shot in the arm for any sponsors willing to accept non-US citizens.

It's like mailing, the more sponsors that crack down on affiliates doing mailings the richer the sponsors that allow mailings become.

GatorB 05-26-2005 12:06 AM

Quote:

Originally Posted by exportyourbiz-com
No, since 90%+ of foreign webmasters have full indemnity from the 2257 laws.

If you don't comply with 2257 you are FORBIDDEN from trying to sell to Americans. If you continue to do so then you are violating trade law. Now can Interpol get involved with that?

exportyourbiz-com 05-26-2005 12:06 AM

Quote:

Originally Posted by eroswebmaster
What part of sponsors dn't have to check..they just terminate you do you not understand?

You are talking about all US based sponsors banning foreign webmasters from using their program when there is no precedent for a sponsor being responsible for the content of the affiliate websites promoting their program.

Please be realistic.

DateDoc 05-26-2005 12:07 AM

Quote:

Originally Posted by exportyourbiz-com
I also haven't seen any wording in the law that would hold sponsors responsible for the websites run by their affiliates.

Free content is a moot point considering any sponsor that would care to ban non-compliant affiliates would be providing documentation with each free content set.

Man, Oh man! You just don't get it. The law may not say that the sponsor is responsible for you not having 2257 info on your foreign website but that doesn't mean that because you don't have it you have not piqued the interest of the DOJ into the sponsor's operation. Even though they are 100% in compliance do you think they want to sit through hour after hour of a DOJ investigation all because your ass was too lazy to fucking compile the info they sent to you so they did not have to go through this?

eroswebmaster 05-26-2005 12:07 AM

Quote:

Originally Posted by directfiesta
That would look good in the worldwide " spreading of freedom "...

Look daddy, the USA is now like Chinas and like Russia was ...

On the other hand, it won't be the first freedom or rights that they trample over ...

See..you don't respond to anything you just post your bullshit rhetoric.

Let me ask you again...would you not want to work with your favorite US Sponsors to help them to conform to US law so that way they will continue to be around for you to promote?

exportyourbiz-com 05-26-2005 12:08 AM

Quote:

Originally Posted by GatorB
If you don't comply with 2257 you are FORBIDDEN from trying to sell to Americans. If you continue to do so then you are violating trade law. Now can Interpol get involved with that?

Indemnity is indemnity, you can't be tried in your own country for violating laws in another country and you can't be extradited unless what you did would be illegal in your own country.l

GatorB 05-26-2005 12:08 AM

Quote:

Originally Posted by exportyourbiz-com
Then that's a massive shot in the arm for any sponsors willing to accept non-US citizens.

It's like mailing, the more sponsors that crack down on affiliates doing mailings the richer the sponsors that allow mailings become.

Yes and if the are based in America they will be the ones spending all their profits on lawyers and getting harassed by the DOJ. Is it worth it?

Here's an idea. You Euros stick with Euro sponsors and us Americans will stick with ours?

eroswebmaster 05-26-2005 12:10 AM

Quote:

Originally Posted by exportyourbiz-com
You are talking about all US based sponsors banning foreign webmasters from using their program when there is no precedent for a sponsor being responsible for the content of the affiliate websites promoting their program.

Please be realistic.

No I did not say that...I said ban those like you who would want to be difficult.
If there are more like you, they may be willing to go that far and ban all non-us affiliates. You may push them to the point they have to decide between staying in business or making sure some guy who wants to be a pain in the ass continues to get a check.
I'd vote for staying in business, how would you if it were your business?

exportyourbiz-com 05-26-2005 12:10 AM

Quote:

Originally Posted by eroswebmaster
Let me ask you again...would you not want to work with your favorite US Sponsors to help them to conform to US law so that way they will continue to be around for you to promote?

I'm not directfiesta but i'll jump in and respond here.

Even if I don't have 2257 documentation that has no bearing on whether or not my sponsor is compliant with US laws.

GatorB 05-26-2005 12:11 AM

Quote:

Originally Posted by exportyourbiz-com
Indemnity is indemnity, you can't be tried in your own country for violating laws in another country and you can't be extradited unless what you did would be illegal in your own country.l

If our country had trade agreement with yours and you are violating them you can be prosecuted. What part don't you get yet. If you don't want to comply fine then don't promote to Americans and you'll be fine.

Hmmm pot is legal in Holland so a person in Holland can send pot to the US and NOT get busted because it's legal where he lives? Um nope doesnt work that way.

eroswebmaster 05-26-2005 12:11 AM

Quote:

Originally Posted by exportyourbiz-com
I'm not directfiesta but i'll jump in and respond here.

Even if I don't have 2257 documentation that has no bearing on whether or not my sponsor is compliant with US laws.

That's not what I said...LOL
Good God I'm done...I'm sorry sir/madame but you are ignorant.
And good luck with that. :1orglaugh

exportyourbiz-com 05-26-2005 12:11 AM

Quote:

Originally Posted by eroswebmaster
No I did not say that...I said ban those like you who would want to be difficult.

How am I 'being difficult'?

And how does the sponsor tell who is 'being difficult' and who is a compliant foreign affiliate when the Custodian of Records address can easily be faked?

directfiesta 05-26-2005 12:11 AM

Quote:

Originally Posted by eroswebmaster
LOL dude try reading the thread..that is the point I made...but you're always too worked up about trying to be Anti-American it clouds your comprehension.

Sorry to inform you that my comprehension is as clear as pure water ....

And I am not ANTI-AMERICAN!

I AM ANTI-BUSH AND HIS GANG

but you're always too worked up about trying to be Pro-American it clouds your comprehension ... :winkwink:

GatorB 05-26-2005 12:13 AM

Quote:

Originally Posted by exportyourbiz-com
You are talking about all US based sponsors banning foreign webmasters from using their program when there is no precedent for a sponsor being responsible for the content of the affiliate websites promoting their program.

Then how come sponsors have rules against using CP and certain words like lolita in promoting them. If they, as you say, are not responsible why should they care?

Serge Litehead 05-26-2005 12:14 AM

Quote:

Originally Posted by eroswebmaster
...So the owner of Sponsor A who is compelled by law to follow those laws, and does not wish to spend any jail time just becaues a webmaster in BumFuck, Argentina thinks he/she deserves his/her $30pps will now just close said webmasters account.

Figure it out yet...

what jail time if sponsorA is complied?

Kingfish 05-26-2005 12:15 AM

The new regulations contain conspiracy language

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.
Practically speaking what this means for non-U.S. webmasters is that if you want to continue doing business with sponsors who are in the U.S. you will have to comply with the new regulations if you use that sponsors content. If you don?t the U.S. government may not bother to come after you, but they can come after your sponsor for non-compliance if they supplied you the content.

toddler 05-26-2005 12:18 AM

Quote:

Originally Posted by exportyourbiz-com
Yes but foreign webmasters have full indemnity of the law that they are technically violating.

The records cannot be verified for foreign webmasters.

Back to square one.

Eh? Webmasters suddenly have diplomatic immunity? Don't think for a second that if you are big enough they won't go after you.


(I can't wait until congress figures out they can use 2257 laws to enforce a porn tax.....)


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