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Old 07-28-2006, 02:10 AM   #1
shermo
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Relax about H.R. 4472 / 2257 for a minute...

The panic I'm seeing is almost as bad as it was for the original 2257 scare... Just hold on guys and wait it out a few days. If you're not a member of the FSC, I'd suggest that you become one now. http://www.freespeechcoalition.com/

If you don't think there will be an challenge in place shortly on the FSC's part, then I don't know what to tell you. The lawyers are still unsure what to do right now, so what makes you think you or anybody on this board knows what to do yet? If you decide to keep panicking, please go ahead and sell me more sites for rock bottom prices. I have a few servers that can handle even more traffic.

Let's just be rational for a bit... The sky hasn't fallen yet... It's just a little cloudy.
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Old 07-28-2006, 02:15 AM   #2
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great post, but i swear im workin right this moment on a txt link only conversion.


fuck it txt links convert better anyways.. and if i get into that mind set now, then it will take everything they got to stop me
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Old 07-28-2006, 02:17 AM   #3
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Thank you Shirley Temple...

You're right though!

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Old 07-28-2006, 02:17 AM   #4
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Old 07-28-2006, 02:23 AM   #5
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Old 07-28-2006, 02:26 AM   #6
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Of course, if you are not prepared, and the court holds that secondary producers must keep records, you are legally out of business immediately.

Anyway, membership to the FSC at this point offers new members no immediate protection with regards to the current 2257 challenge.

The only way that new members would be protected is if a seperate suit is brought regarding 4472
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Old 07-28-2006, 03:22 AM   #7
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being a member of the fsc providing protection is a MYTH
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Old 07-28-2006, 04:48 AM   #8
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The Ninth Circuit includes all federal courts in California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam and the Northern Mariana Islands.

FSC's "protection" is only for those living in Ninth Circuit, correct?
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Old 07-28-2006, 04:57 AM   #9
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i have used text links for 8 years and i get paid very well..
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Old 07-28-2006, 05:00 AM   #10
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Quote:
Originally Posted by Brujah
The Ninth Circuit includes all federal courts in California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam and the Northern Mariana Islands.

FSC's "protection" is only for those living in Ninth Circuit, correct?
interesting
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Old 07-28-2006, 05:00 AM   #11
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Great post Sherm
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Old 07-28-2006, 05:03 AM   #12
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Quote:
Originally Posted by Brujah
The Ninth Circuit includes all federal courts in California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam and the Northern Mariana Islands.

FSC's "protection" is only for those living in Ninth Circuit, correct?
is this true ?
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Old 07-28-2006, 05:08 AM   #13
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V.true jimmy,
BTW, sherm authorise me on ICQ, i have dirt cheap saites to sell you
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Old 07-28-2006, 05:18 AM   #14
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Originally Posted by shermsshack
The panic I'm seeing is almost as bad as it was for the original 2257 scare...
Which makes me wonder how many people failed to become compliant last year. It is very difficult to avoid the feeling that a lot of people (members and non-members) have taken the FSC injunction as a license not to follow the rules at all.

That injunction is only temporary relief against inspections and if the FSC case is not ultimately successful, inspections will begin and webmasters will be expected to have been fully compliant since day one. That includes having kept copies of all changed pages and the records associated with them. Yet some people are asking questions which suggest they still haven't got around to reading the rules, let alone complying with them.
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Old 07-28-2006, 05:33 AM   #15
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How many of you believe people will actually be sent to prison over paperwork not being in order for 18+ content?
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Old 07-28-2006, 05:37 AM   #16
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Originally Posted by Lifer
The only way that new members would be protected is if a seperate suit is brought regarding 4472
A separate suit will be brought. Think about it, what's the point in the FSC fighting 2257 if they let this one go by?

They're not dumb, they know this better than anyone.
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Old 07-28-2006, 07:22 AM   #17
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Originally Posted by shermsshack
If you don't think there will be an challenge in place shortly on the FSC's part, then I don't know what to tell you.
Actually if you recall the timeline for the last 2257 flap, the FSC's lawyers waited until the very last possible DAY before filing an injunction, supposedly because the laws were "so complex" - yet that legislation passed last year was readable in (relatively) plain english.

Keep in mind the lawyers in this industry are here to make money as well - and they make more money when nobody knows what the hell to do and everyone is kept waiting until the very last possible moment, not from information being shared freely well ahead of time... not to detract from the FSC, I'm a paying member and appreciate what they're doing.

Panic isn't going to help anyone but a little discussion might help clear up some confusion that is otherwise unlikely to be resolved anytime soon.
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Old 07-28-2006, 07:26 AM   #18
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it wont go far...
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Old 07-28-2006, 02:27 PM   #19
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Originally Posted by AmateurFlix
Actually if you recall the timeline for the last 2257 flap, the FSC's lawyers waited until the very last possible DAY before filing an injunction, supposedly because the laws were "so complex" - yet that legislation passed last year was readable in (relatively) plain english.

Keep in mind the lawyers in this industry are here to make money as well - and they make more money when nobody knows what the hell to do and everyone is kept waiting until the very last possible moment, not from information being shared freely well ahead of time... not to detract from the FSC, I'm a paying member and appreciate what they're doing.

Panic isn't going to help anyone but a little discussion might help clear up some confusion that is otherwise unlikely to be resolved anytime soon.
My point exactly... Aside from the lawyers trying to get more retainer fees and hours logged for questions asked, they need the time to mount a case that'll hopefully save our asses.

All I can say is that business should continue as usual for the time being, but keep an eye on things. If a case is not in the future (which it will be), you need alternate plans if you want to continue in this biz and you are a secondary producer....

What would this entail? Use your imaginations.
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Old 07-28-2006, 02:32 PM   #20
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P.S. Remember that little law called COPA that is an actual law? Anybody else remember that law being deemed unenforcable because it is unconstitutional?
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Old 07-28-2006, 02:34 PM   #21
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its just a little jesus juice
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Old 07-28-2006, 02:43 PM   #22
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i'm with brand0n. i've had enough of the government's bullshit. i'm gonna go all text and all non-explicit thumbs so they will have no reason to fuck with me at all for now. i'm sick of the bullshit man...
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Old 07-28-2006, 02:43 PM   #23
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P.S. Remember that little law called COPA that is an actual law? Anybody else remember that law being deemed unenforcable because it is unconstitutional?
let's hope
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Old 07-28-2006, 02:50 PM   #24
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Originally Posted by Matt 26z
How many of you believe people will actually be sent to prison over paperwork not being in order for 18+ content?
I feel like this also sometimes, but I really don't even want to have to deal with the government at all. Sure, a secondary producer like me would probably get off in court with a fine or slap on the wrist, but I don't even want to get to the point where I'm in court in the first place...
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Old 07-28-2006, 02:55 PM   #25
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preach on brotha!
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Old 07-28-2006, 02:57 PM   #26
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I am curious to see what they intend to do about non-US webmasters
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Old 07-28-2006, 03:06 PM   #27
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Originally Posted by shermsshack
My point exactly... Aside from the lawyers trying to get more retainer fees and hours logged for questions asked, they need the time to mount a case that'll hopefully save our asses.

All I can say is that business should continue as usual for the time being, but keep an eye on things. If a case is not in the future (which it will be), you need alternate plans if you want to continue in this biz and you are a secondary producer....

What would this entail? Use your imaginations.
Some lawyers prey on these opportunities, all of a sudden on some radio shows.(free press and get them while their scared)

Whats 1,000 Lawyers on the Ocean Floor? (joke)

A Good Start
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Old 07-28-2006, 03:13 PM   #28
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I am curious to see what they intend to do about non-US webmasters
What who intends to do? You think the FBI will be checking record keeping from adult webmasters in Russia, Germany, Japan, England, Australia?
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Old 07-28-2006, 03:19 PM   #29
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What who intends to do? You think the FBI will be checking record keeping from adult webmasters in Russia, Germany, Japan, England, Australia?
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Old 07-28-2006, 03:25 PM   #30
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I am curious to see what they intend to do about non-US webmasters
"They" have no legal authority over non-US webmasters - the laws of the US have little to do with anyone outside US territories. (By "outside" I mean having no US residency, hosting etc).

Smell another wave of relocation of both webmasters and sponsors shortly to operating environments which have far less legal hassle.
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Old 07-28-2006, 03:51 PM   #31
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Originally Posted by Big Red Machine
Some lawyers prey on these opportunities, all of a sudden on some radio shows.(free press and get them while their scared)

Whats 1,000 Lawyers on the Ocean Floor? (joke)

A Good Start
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Old 07-28-2006, 03:53 PM   #32
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Good post Sherm.
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Old 07-28-2006, 06:57 PM   #33
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Good post Sherm.
Thanks mi amigo
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Old 07-28-2006, 06:58 PM   #34
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Originally Posted by shermsshack
The panic I'm seeing is almost as bad as it was for the original 2257 scare... Just hold on guys and wait it out a few days. If you're not a member of the FSC, I'd suggest that you become one now. http://www.freespeechcoalition.com/

If you don't think there will be an challenge in place shortly on the FSC's part, then I don't know what to tell you. The lawyers are still unsure what to do right now, so what makes you think you or anybody on this board knows what to do yet? If you decide to keep panicking, please go ahead and sell me more sites for rock bottom prices. I have a few servers that can handle even more traffic.

Let's just be rational for a bit... The sky hasn't fallen yet... It's just a little cloudy.
Run and hiiide!!!
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Old 07-28-2006, 08:00 PM   #35
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Originally Posted by Brujah
The Ninth Circuit includes all federal courts in California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam and the Northern Mariana Islands.

FSC's "protection" is only for those living in Ninth Circuit, correct?
It's the 10th District (Court of Appeals).

No - the protection is for any of FSC's members and the named plaintiffs.
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Old 07-28-2006, 08:08 PM   #36
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whats up with Loquenz and that damn Vince Vaughn laugh?
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Old 07-28-2006, 09:12 PM   #37
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Quote:
Originally Posted by Webby
"They" have no legal authority over non-US webmasters - the laws of the US have little to do with anyone outside US territories. (By "outside" I mean having no US residency, hosting etc).

Smell another wave of relocation of both webmasters and sponsors shortly to operating environments which have far less legal hassle.
David Carruthers, now the ex CEO of BetOnSports is sitting in a jail in Texas right now. He just happened to be flying to Costa Rica and during a stop over got nabbed.

The US has the prosecutory and investigative power to go anywhere and everywhere these days. Even if you aren't a US citizen you can be charged and prosecuted. You can be picked up and extradited if your country has an extradition treaty with the US or if you are traveling in a country that does.

The FBI has nearly as many field offices outside the US as inside now.

If you are deriving revenues from within the US, your business can be subject to US laws.

You obviously do get another layer of protection by being outside the US, but if they want you they will get you one way or another.

After 9/11 their reach is long and far and in every corner of the globe now.
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