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Old 06-17-2005, 02:08 PM   #1
xxxjay
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The Stupidest Thing You Could Ever Do is?

The Stupidest Thing You Could Ever Do is?

Try to look for legal advice on boards.

There is more misinformation and paranoia being spread because webmasters are either too cheap, lazy, or just wants someone else to consult with a decent 1st Amendment attorney for them.

I admit, I have been guilty of trying to play armchair lawyer in the past and have scanned to boards for possible legal tips. Now, I have a decent relationship with our attorney, so if I have a question ? I just pick up the phone and ask. It might cost a few bucks, but it is so much better than basing big decisions off of advice from lennybaddogjedi2 on GFY.

Now, if I post anything that is legally oriented I ask for a letter from the attorney that I can reprint and will only repeat a comment or two that was relayed from him to me. If you don?t agree ? ask your lawyer.

Sure, opinions will vary between lawyers, but at least they are EDUCATED OPINIONS and not the mindless drivel of some TGP owner who just did too many bong hits or scare tactics of a 2257 profiteer.

THE BOTTOM LINE IS IF YOU WANT GOOD LEGAL ADVICE CONTACT ONE OF THE FOLLOWING:

JEFFERY DOUGLAS
http://www.lawyers.com/jdouglaslaw/

Greg Piccionelli
http://www.gregpiccionelli.com/

JD OBENBURGER
http://www.xxxlaw.net



In fact, while I was writing this post I got this ICQ and this pretty much sums it up:

m****k (12:58 PM) :
hey jay, this is w***r - just spoke with **** and he told me to hit you up about the 2257 stuff
m****k (12:58 PM) :
what should I do?
Jay (1:05 PM) :
i say get a lawyer
m****k (1:06 PM) :
realistically, if I just go about my business, what could happen to me? I don't make enough to get a lawyer!! Haha
Jay (1:05 PM) :
i still say get a lawyer
m****k (1:08 PM) :
well, should I drop galleries that have no 2257 links? is that what this is about, or that I have to have actual physical proof of each model on each gallery I've made? Also, what about this :

People seem to be missing a major fact here......The regulations are retroactive back to 1995. You could close your entire operation down today but the DOJ still has a 5 year statute of limitations that allows them to come after you for anything you have done in those last 5 years......And if you are still in business then it's 7 years.

Jay (1:09 PM) :
putting 2257 links on galleries to the primary producer will not hurt
m****k (1:10 PM) :
if the law really comes after me, what is the penalty?
Jay (1:10 PM) :
i am not a lawyer
m****k (1:12 PM) :
Well, can I be arrested for leaving these up?
Jay (1:14 PM) :
i am not a lawyer
Jay (1:15 PM) :
see have the injuction goes
m****k (1:15 PM) :
Do you have a link to the complete 2257? So I can get a better idea of what this is all about?
Jay (1:18 PM) :
there are a bunch - google it
Jay (1:18 PM) :
it is very long and hard to read though
m****k (1:18 PM) :
Why is this happening?
Jay (1:18 PM) :
bush
m****k (1:21 PM) :
no, i mean, what is 2257 about? me, as a webmaster, by law, as of June 23rd have to physically possess the records of any model I have used to promote any sponsor, whether it's the sponsors content or not?
Jay (1:31 PM) :
again - i am not a lawyer, nor qualified to give legal advice - if the law goes though then yes
m****k (1:31 PM) :
so on the 23rd, it's decided, either things are cool, or not?
Jay (1:35 PM) :
we need to see what happens with the injunction - if it flops - then we have to get you all of that stuff - which we have access to and will provide if it comes down to it
m****k (1:36 PM) :
so the injunction happens on the 23rd and will be decided that day?
m****k (1:37 PM) :
I'm just trying to figure out what to do - realistically, couldn't I drop my galleries on the 22nd and if the verdict is cool, throw them back up on the 24th?
Jay (1:38 PM) :
i really want to help you, but i am not a lawyer - we posted our lawyers statement on the whole thing and that is where we are standing - if / when he tells us different - we will do what he tells us to do
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Old 06-17-2005, 02:14 PM   #2
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Lol, someone didn't get the point first.. second or third time eh.
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Old 06-17-2005, 02:20 PM   #3
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People seem to be missing a major fact here......The regulations are retroactive back to 1995. You could close your entire operation down today but the DOJ still has a 5 year statute of limitations that allows them to come after you for anything you have done in those last 5 years......And if you are still in business then it's 7 years.

__________

Thank you for mentioning this. I get ignored everytime I bring it up.
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Old 06-17-2005, 02:23 PM   #4
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did ya charge him consultation fees?
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Old 06-17-2005, 02:24 PM   #5
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Well Said
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Old 06-17-2005, 02:28 PM   #6
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Quote:
Originally Posted by xxxjay
People seem to be missing a major fact here......The regulations are retroactive back to 1995. You could close your entire operation down today but the DOJ still has a 5 year statute of limitations that allows them to come after you for anything you have done in those last 5 years......And if you are still in business then it's 7 years.

I had no idea...thanks
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Old 06-17-2005, 02:36 PM   #7
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Quote:
Originally Posted by propromotions
I had no idea...thanks
Yeah, give up hope, run for the hills - they are probably onto you already! Just kidding, right in my own thread -- people are doing it -- taking legal advice from the boards which is {see the title of this thread}
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Old 06-17-2005, 02:40 PM   #8
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You really have 3 choices as a TGP owner:

1. Remove all "sexually explict" thumbs/banners from your site and you are safe.
2. Start keeping physical 2257 records in alphabetical order in some cabinet and you are safe.
3. Fuck the law and take your chances.

I chose 1.
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Old 06-17-2005, 02:42 PM   #9
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I was going to say the stupidest thing you could ever do would be to bareback a HIV+ ladboy in the ass pipe. Maybe I'm wrong.
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Old 06-17-2005, 02:43 PM   #10
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Originally Posted by DirtyWhiteBoy
I was going to say the stupidest thing you could ever do would be to bareback a HIV+ ladboy in the ass pipe. Maybe I'm wrong.
I was thinking the stupidest thing you could do is cut your balls off or something.
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Old 06-17-2005, 02:43 PM   #11
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"armchair lawyer" lol
We got our info from 2 out of the 3 lawyers you recommend.
Thats the only way to go. When it comes to law don't get opinions get facts.
Thats good advice for anything...its like asking your Mechanic for a Stock Tip
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Old 06-17-2005, 02:47 PM   #12
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http://www.solv.nl/Mensen-2.pagina?m=3&lang=nl is the best. He is not cheap tho...He for example also defended Kazaa
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Old 06-17-2005, 02:58 PM   #13
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Quote:
Originally Posted by Nightwind
You really have 3 choices as a TGP owner:

1. Remove all "sexually explict" thumbs/banners from your site and you are safe.
2. Start keeping physical 2257 records in alphabetical order in some cabinet and you are safe.
3. Fuck the law and take your chances.

I chose 1.
That's perfectly fine...a lot of people are doing that. Legally is is probably prudent, but from a marketing standpoint I see some problems:

1. How do you sell and anal site with softcore content?

2. Surfers will gravitate to non-US TGPs that do show hardcore and your traffic will die off.

I applaud what you are doing though - it might be a good desicion in the short run.
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Old 06-17-2005, 03:43 PM   #14
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What's even stupider is people expressing their own misinformed information about laws and encouraging others to do the same.

Been like that since I began and most likely long before I began too.
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Old 06-17-2005, 03:44 PM   #15
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That's second...looking for health advice is #1.
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Old 06-17-2005, 03:46 PM   #16
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Looks like you should set your IM away message to "Ask a Lawyer"
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Old 06-17-2005, 03:52 PM   #17
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Quote:
Originally Posted by xxxjay
That's perfectly fine...a lot of people are doing that. Legally is is probably prudent, but from a marketing standpoint I see some problems:

1. How do you sell and anal site with softcore content?

2. Surfers will gravitate to non-US TGPs that do show hardcore and your traffic will die off.

I applaud what you are doing though - it might be a good desicion in the short run.
Very simple:

1. "Click here to see her get fucked in the ass in hardcore anal videos!" while showing a nice firm ass. No pink needed. A good text link does wonders. We advertise, not provide free goods. Traffic will be less but actual sales will be no different.

2. Traffic won't die off if you know how to gain new traffic.

You, surely of all people should know these things. You're an effective advertiser. Put your ad skills to work and gain those sales. If you show softcore content you can just about sell to anything if you work your ads well.

Foreigners won't have any advantage over US TGP webmasters. If they want to do business they will have to comply as well or face the possibility of being cut off by their sponsors, billing companies and/or cut off at the pipe.

I honnestly see this part of many TGP's switching to non explicit a good thing. It's something we needed for a long time to even the playing field and get back to what our job is, selling. It's just too bad they are doghousing us all into it. Should have been done on our own terms, not the government's.

US webmasters will survive just fine. Rework your biz model and make the best of it. There will always be money to be made, even if your traffic drops 50%... you'll still get the same sales... maybe even more because it's not solely the content that sells, it's also the ads. Just tell them what they will find, they click, they land at the paysite tour that shows the hardcore stuff.. "woohoo, fucking! About time!" and they join...
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Old 06-17-2005, 04:02 PM   #18
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Quote:
Originally Posted by xxxjay
That's perfectly fine...a lot of people are doing that. Legally is is probably prudent, but from a marketing standpoint I see some problems:

1. How do you sell and anal site with softcore content?

2. Surfers will gravitate to non-US TGPs that do show hardcore and your traffic will die off.

I applaud what you are doing though - it might be a good desicion in the short run.
1. The only thing that is softcore are the thumbs. As for the anal stuff i don't have many anal galleries.

2. If they jack off to the thumbs instead of the actual galleries that the thumbs link to, then yes my traffic might not be so good. It all depends on the surfers preference anyway.

I made this decision to just save time and still be compliant, since i don't really know what will happen with 2257. If it the secondary producer non-sense get's altered and there is a good chance that it will, then i might switch to hardcore thumbs and see if it convert better or worse. The whole "pay to see the pussy" thing might actually work better than showing it for free if you only have softcore galleries.

We will all just have to wait and see how 2257 plays out in the end.
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Old 06-17-2005, 06:04 PM   #19
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Quote:
Originally Posted by Nightwind
1. The only thing that is softcore are the thumbs. As for the anal stuff i don't have many anal galleries.

2. If they jack off to the thumbs instead of the actual galleries that the thumbs link to, then yes my traffic might not be so good. It all depends on the surfers preference anyway.

I made this decision to just save time and still be compliant, since i don't really know what will happen with 2257. If it the secondary producer non-sense get's altered and there is a good chance that it will, then i might switch to hardcore thumbs and see if it convert better or worse. The whole "pay to see the pussy" thing might actually work better than showing it for free if you only have softcore galleries.

We will all just have to wait and see how 2257 plays out in the end.
If you want to play it totally safe...yes, softcore thumbs with the hardcore on hosted galleries and all of that is the safe way to go. In my opinion, porn is a visual thing - you can't really take the visuals out IMO.

One thing I will say, and I do this with my inhouse galleries and have found it to be very effective is I use this rule:

If a surfer is looking at free content then they should also be seeing an advertisment - video, pics, anything...it works like a charm. I wish linklists, tgps, and mgps would get over the no pics or videos on html pages -- if they did that I might even start submitting again.
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Old 06-18-2005, 01:24 AM   #20
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during my college days, i fell down the stairs near our canteen gosh so many people seen it..
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Old 06-18-2005, 05:11 AM   #21
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Quote:
Originally Posted by naugthygUrL
during my college days, i fell down the stairs near our canteen gosh so many people seen it..
Listen to Slumpbuster:
http://www.myspace.com/index.cfm?fus...20050528162349


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