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Old 06-14-2005, 11:10 PM   #1
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How to handle 2257 as an affiliate

I've been reading up on this 2257 issue, and realize that regardless of anything else, I need a plan for June 23rd, barring some good news. I hope I can get a few answers to questions I have.

Currently my site has 1,061 original adult site reviews, and I have never been shy with choosing hardcore images as samples to go beside the review.

As far as I understand, I could be considered a "secondary producer" if I'm "publishing" their photographs on my website. Due to the literally hundreds of affiliate programs I'm apart of, I could not feasibly contact each of these sponsors and get my site fixed within this time frame.

As such, I'm left with making a generalized rule to apply to my site for the time being.

This I'm not sure of. To be 100% safe with every possible sponsor, I should A> remove all hardcore images B> remove all images with any nudity or C> remove all images from the site?

Is there any way that my TEXT could be at fault? Can I still call a girl a filthy ass licking slutface, if she happened to be one?
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Old 06-14-2005, 11:17 PM   #2
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Socks, as far as I understand text is 100% exempt from 2257

heres another option, have you thought about contact site owners and seeing if you could hotlink the images you use? Thus it then becomes free hosted content.

I for one would have no problem with you hotlinking images from SWR we would just need to put the pics you wanted to use outside the protected members area.

Yes it is alot of work, but in the long run sponsors listed on review sites benifit more from reviews with pics then without.

just my 2cents

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Old 06-14-2005, 11:19 PM   #3
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Cool, thanks, that's an interesting take. If the images are hosted on their site, I'm completely exempt from this rule? I can then use hardcore?

If I have to contact sponsors one by one, I could easily do so with a ZIP of the files I needed.

Thanks for the response
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Old 06-14-2005, 11:20 PM   #4
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[QUOTE=Socks]This I'm not sure of. To be 100% safe with every possible sponsor, I should A> remove all hardcore images B> remove all images with any nudity or C> remove all images from the site?[/i]

A for sure, probally B. Might as well do C

Quote:
Is there any way that my TEXT could be at fault? Can I still call a girl a filthy ass licking slutface, if she happened to be one?
Ask yourself if you can get 2257 info on TEXT. Same answer to whether or not you need 2257 on anime.
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Old 06-14-2005, 11:21 PM   #5
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Ask yourself if you can get 2257 info on TEXT. Same answer to whether or not you need 2257 on anime.

Ok I concede my idiocy.
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Old 06-14-2005, 11:21 PM   #6
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well I'm no lawyer but from all I have read and seen my fellow sponsors doing, free hosted content does not put an affil under the role of a 2ndary producer. so thats the take I have on this.

PS I sent ya an email last week or so about our relaunch of SexualWorldRecords ;)

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Old 06-14-2005, 11:21 PM   #7
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Originally Posted by vdc-Loki
heres another option, have you thought about contact site owners and seeing if you could hotlink the images you use? Thus it then becomes free hosted content.
-Loki-
WRONG. If it can bee seen on your site YOU are publishing it and it falls under 2257.
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Old 06-14-2005, 11:28 PM   #8
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Will check it out, thanks Loki.

So no go on the hotlinking.. Geeze do I really gotta remove all images? I guess I'll wait to see what happens on the 22nd and then start adding softcore images for allllllll the sites. uggh.
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Old 06-14-2005, 11:38 PM   #9
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WRONG. If it can bee seen on your site YOU are publishing it and it falls under 2257.
so google is gonna have to destroy google images service?
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Old 06-14-2005, 11:38 PM   #10
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so google is gonna have to destroy google images service?
They are exempt.
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Old 06-14-2005, 11:46 PM   #11
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No gatorb - you are wrong - google are not exempt from US Law.

If they are, then essentially ANYONE doing the same thing could not be punished under that law.

No lawyer on the planet - even the thickest ones - would have a problem using Google as an example against the case.
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Old 06-14-2005, 11:49 PM   #12
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Socks... text is fair game... you can call anyone a slut loving bald pussy whore... and that's not a problem.

Anything that displays within your domains, even if hotlinked - without paperwork is non-2257 compliant. Go FHG's brutha....
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Old 06-14-2005, 11:51 PM   #13
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Originally Posted by GatorB
They are exempt.
It makes me laugh so hard to see people say this... remember that big "google outage" like 2 weeks ago? My guess is they were getting ready to hit the switches on 2257.

The other thing that makes me laugh is "We're not in the US so we don't have to do 2257"...... remember where the top 200 SE's in the world are... and I'll give you a hint.... they're not in fucking Russia....
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Old 06-14-2005, 11:55 PM   #14
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I'm in Canada, but still feel I'd be stupid to ignore the country that 90% of my cheques come from.

Next question - As an affiliate is it necessary to put some kind of legal mumbo jumbo or disclaimer on my site in regards to this?
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Old 06-14-2005, 11:56 PM   #15
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No gatorb - you are wrong - google are not exempt from US Law.

If they are, then essentially ANYONE doing the same thing could not be punished under that law.

No lawyer on the planet - even the thickest ones - would have a problem using Google as an example against the case.
They are exempt as part of the "who reasonably cannot manage the sexually explicit content of the site" exemption.

Also if I'm wrong then I guess no one will be posting hardcore pics here anymore.

Last edited by GatorB; 06-14-2005 at 11:58 PM..
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Old 06-14-2005, 11:57 PM   #16
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WRONG. If it can bee seen on your site YOU are publishing it and it falls under 2257.
True.. and true.... by hotlinking you are a PUBLISHER... the only way around that is to post a link that redirects to someone elses site, thus making them.... the PUBLISHER!
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Old 06-14-2005, 11:59 PM   #17
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Originally Posted by Socks
I'm in Canada, but still feel I'd be stupid to ignore the country that 90% of my cheques come from.

Next question - As an affiliate is it necessary to put some kind of legal mumbo jumbo or disclaimer on my site in regards to this?
LMAO... 90% of my checks come from Canada... and my fuckin bank charges me for it... it's not ignoring anything... it's being compliant with a new internet law that affects EVERYONE regardless of where you live.
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Old 06-15-2005, 12:02 AM   #18
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They are exempt as part of the "who reasonably cannot manage the sexually explicit content of the site" exemption.

Also if I'm wrong then I guess no one will be posting hardcore pics here anymore.
Gator... the pics on GFY had crossed my mind.... the problem one will run into is.... can "google with their billions of dollars a year" manage sexually explicit material? Sure they can! They manage everything else! (A lawyers line of thought) -----------Lawsuit - BANG.
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Old 06-15-2005, 12:03 AM   #19
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Gator... the pics on GFY had crossed my mind.... the problem one will run into is.... can "google with their billions of dollars a year" manage sexually explicit material? Sure they can! They manage everything else! (A lawyers line of thought) -----------Lawsuit - BANG.
And Google has billions of $$$$ to battle the governmnet in court. You and I do not. So who is the government going to go after? As far as Google I guess on June 23rd we'll find out who is right.
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Old 06-15-2005, 12:03 AM   #20
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Oh man - Im not being funny gator - ive read loads of your posts on this topic - but fuck me in the fucking mouth - you "honestly think" that google cant manage content?????

If they put that forward as a fucking excuse having crawled and indexed 8 BILLION PAGES successfully - and its accepted - then the US LAW is more fucked up and sick than I thought.
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Old 06-15-2005, 12:05 AM   #21
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Gotta say this is a pretty restrictive law for us, going to be more difficult to promote some of the more hardcore sites and reality sites. I *will* comply on that date unless something comes up. I'll also make sure I have the ability to switch right back if I'm able to. Customers will definitely suffer in the short term.
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Old 06-15-2005, 12:05 AM   #22
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Oh man - Im not being funny gator - ive read loads of your posts on this topic - but fuck me in the fucking mouth - you "honestly think" that google cant manage content?????

If they put that forward as a fucking excuse having crawled and indexed 8 BILLION PAGES successfully - and its accepted - then the US LAW is more fucked up and sick than I thought.
It's REASONABLY manage. Can Google REASONABLY get the 2257 docs for all their sexulay explicit images they have on thier site? Also that means this site is in trouble

http://archive.org
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Old 06-15-2005, 12:07 AM   #23
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Why would the US government mess with google? They would rather want Google to be their best friend on this issue. Plus their stock is doing so well, it would hurt the index.
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Old 06-15-2005, 12:07 AM   #24
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Gator - Neither can I reasonably manage my content - we are all fine then?

Really - theres no way I can reasonably manage my content.

In your eyes - If I put up billions of porn pics, then Im ok cos I cant manage the docs?

Yes or No?
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Old 06-15-2005, 12:09 AM   #25
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Gator - seriously - what you are saying surmounts to :-

THE MORE PORN YOU PUT ON YOUR SITE - THE SAFER YOU ARE ????

WTF??

Everyone QUICK - upload as much smut as your bandwidth will allow - youll be fine cos its too much for you to handle the docs for.


Sorted yes?
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Old 06-15-2005, 12:10 AM   #26
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And Google has billions of $$$$ to battle the governmnet in court. You and I do not. So who is the government going to go after? As far as Google I guess on June 23rd we'll find out who is right.
Gator sir, regrettably I agree.... the targets are going to be Google... Yahoo, and anyone else who does not comply with the law. People thought Napster was a big deal?

Seriously... you're right... Google has the cash, and many of us do not. That's not going to stop the US DOJ from going after anyone whether Google or Joe Schmoe. How many indictments were handed down because if silly ass RIAA shit?

I take this very seriously, and my site will be fully compliant on June 23rd. No papers? No photos... the surfers can join up and kiss my ass.
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Old 06-15-2005, 12:10 AM   #27
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Gator - Neither can I reasonably manage my content - we are all fine then?
Well you able to put all those hardcore pics on your site in the first place didn't you? So you reasonably managed to do that.
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Old 06-15-2005, 12:12 AM   #28
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So did Google.
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Old 06-15-2005, 12:12 AM   #29
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And most of my uploads are automated.
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Old 06-15-2005, 12:13 AM   #30
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Originally Posted by MrChips
Gator - seriously - what you are saying surmounts to :-

THE MORE PORN YOU PUT ON YOUR SITE - THE SAFER YOU ARE ????

WTF??

Everyone QUICK - upload as much smut as your bandwidth will allow - youll be fine cos its too much for you to handle the docs for.


Sorted yes?
HAHAH... Chips.... you got it wrong.... check this -
ATTENTION SURFERS - Got to http://www.themasturbationstation.co..._reviews.shtml

and DOWNLOAD AS MUCH POSSIBLE PORNO AS YOU BANDWIDTH will ALLOW! After the 23rd you'll be looking at bitches in headdresses like they do overseas.
Thank you.
Bling Daddy.
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Old 06-15-2005, 12:13 AM   #31
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Infact - I havent even seen most of the pics on my site - I am exempt?

I sure am.
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Old 06-15-2005, 12:13 AM   #32
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I'm going completely with softcore and text links...If my visitors want to see explicit sexual photos or movies they will have to click a text link that leads to my sponsors galleries.
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Old 06-15-2005, 12:14 AM   #33
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Gator - seriously - what you are saying surmounts to :-

THE MORE PORN YOU PUT ON YOUR SITE - THE SAFER YOU ARE ????

WTF??
Seriously -- try reading the signed regs.
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Old 06-15-2005, 12:15 AM   #34
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What am I looking for there blingdaddy?
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Old 06-15-2005, 12:15 AM   #35
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Google has the cash, and many of us do not. That's not going to stop the US DOJ from going after anyone whether Google or Joe Schmoe. How many indictments were handed down because if silly ass RIAA shit?
Who were the targets of that RIAA shit? The LITTLE guy. Hell they went after a 12 year old girl. Little guys will take pleas and then the DOJ can say "Look at all the evil pornogrpahers we got". With Google they could be in court for YEARS. And Google could get an injunction which would open a whole nasty can of worms for the DOJ.
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Old 06-15-2005, 12:16 AM   #36
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And most of my uploads are automated.
So you hotlink content from other sites like google?
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Old 06-15-2005, 12:20 AM   #37
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Some are hotlinked yes.

I think we agreed that hotlinking is a NO NO

Didnt we? above? Or is it the HOTLINKING thats allowed now.

Really - Im not so certain - the only way is to not put hardcore up.
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Old 06-15-2005, 12:31 AM   #38
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Some are hotlinked yes.

I think we agreed that hotlinking is a NO NO

Didnt we? above? Or is it the HOTLINKING thats allowed now.

Really - Im not so certain - the only way is to not put hardcore up.
No it's not. My point is that you do in fact manage at least some of your sites content.

Anyways here you go

Manage content means to make editorial or managerial decisions
concerning the sexually explicit content of a computer site or service,
but does not mean those who manage solely advertising, compliance with
copyright law, or other forms of non-sexually explicit content.
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Old 06-15-2005, 12:31 AM   #39
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All text here
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Old 06-15-2005, 12:33 AM   #40
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Funny how they want us all to comply, but haven't put up a general rules and guidelines page to help us comply. Oh no. Just some legal stuff that hurts my head when I try to read it.
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Old 06-15-2005, 12:42 AM   #41
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Hotlinking and Google.

I just uploaded an image to my server which is returned on google images.

Guess what - their image search is still showing the old pic.

So they dont only hotlink - they cache their own files.

Try it and see - locate an image in their image search which is yours, overwrite it on your server with a different picture, then re-do the search and see the old pic still there.

They are NOT compliant and they CAN control what they show.

I think they are going to get done big style.
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Old 06-15-2005, 12:48 AM   #42
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Hotlinking and Google.

I just uploaded an image to my server which is returned on google images.

Guess what - their image search is still showing the old pic.

So they dont only hotlink - they cache their own files.

Try it and see - locate an image in their image search which is yours, overwrite it on your server with a different picture, then re-do the search and see the old pic still there.

They are NOT compliant and they CAN control what they show.

I think they are going to get done big style.
Thing is Google has lawyers and they can take care of themselves. Me thinks you need to think more about Mr Chips and less about Google.
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Old 06-15-2005, 01:02 AM   #43
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Gator - i live in the UK and I can down my US hosted content anytime - just to be safe.

I feel sorry for you guys over there and the fact you live under dictatorship rule - and often dont realise it. A bit like the Jews didnt realise what was happening when they were put a train.

It must be awfull living under dictatorship rule. No free speech, war on a whim.

At least over here we only live under a secondary dictatorship.

Grim.

Fuckers.
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Old 06-15-2005, 01:05 AM   #44
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Originally Posted by MrChips
Gator - i live in the UK and I can down my US hosted content anytime - just to be safe.
Well all my talk has been mainly for US webmasters. Lots of them are looking for loopholes that may or may not exist( let the lawyers handle that ) and are seeing what they WANT too see in them and not what is in there. Playing cutesy with the law won't make the DOJ go any lighter on them.

Quote:
I feel sorry for you guys over there and the fact you live under dictatorship rule - and often dont realise it. A bit like the Jews didnt realise what was happening when they were put a train.

It must be awfull living under dictatorship rule. No free speech, war on a whim.

At least over here we only live under a secondary dictatorship.

Grim.

Fuckers.
Jan 20, 2009 America becomes free. Of course iditos voted for this guy once already. We all know what happened in 2000.
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Old 06-15-2005, 01:12 AM   #45
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Quote:
Originally Posted by MrChips
I feel sorry for you guys over there and the fact you live under dictatorship rule - and often dont realise it.
Believe us we realize it. At least those of us in the blue states.
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Old 06-15-2005, 01:16 AM   #46
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If I had a good way to help you out I would. Right away.
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Old 06-15-2005, 06:25 AM   #47
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Socks, I can tell what we are going to do. Luckily we have always tried to select softcore samples for our reviews, so this week I am going to remove all galleries that contain even questionably explicit material.

Furthermore we are planning to make a 2257 statement saying that since all our content is non-expicit, it is exempt from the regulations. We will also be stating our business address in Denmark.

We have even considered linking to each reviewed site's 2257 statement in the bottom of each review.

Anybody got input on this solution? Is it overkill?

My biggest concern is the screenshots. Even though I try to avoid it, some show occasionally explicit content. Is it enough to white out the part of the screenshot containing the explicit image, or will the entire screenshot be considered explicit?
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Old 06-15-2005, 06:33 AM   #48
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Another thing is that the word lascivious is not easily defined. Would an image is this be considered lascivious?
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Old 06-15-2005, 06:34 AM   #49
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fuck 2257 and his mother
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Old 06-15-2005, 08:06 AM   #50
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Quote:
Originally Posted by GatorB
Jan 20, 2009 America becomes free.
Amen.

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