Whats the best way to be be 2257 safe and still be an affiliate? - GoFuckYourself.com

niceanice · 08-12-2006, 04:44 AM

All I am is an affiliate, I have no interest in producing content.
I like using sponsor content only, I dont even like buying it.

So are you safe using sponsor content? If you get audited for it which sponsors will step forward and help you and say they shot the content and here are their records? Leaving their affiliates totally safe to just keep promoting them worry-free?

mikeet · 08-12-2006, 05:33 AM

Welcome to GFY, nice 1st post.

spacedog · 08-12-2006, 05:51 AM

Quote:

Originally Posted by niceanice

All I am is an affiliate, I have no interest in producing content.
I like using sponsor content only, I dont even like buying it.

So are you safe using sponsor content? If you get audited for it which sponsors will step forward and help you and say they shot the content and here are their records? Leaving their affiliates totally safe to just keep promoting them worry-free?

That's not going to cut it.... you need the records yourself..You can not publish, reissue, republish, display an image/movies etc, etc without the records in your own custody.. suppose you have sponsor image, get questioned,, "Gee mr fbi, I will call sponsor A & get the records"...

Guess who is now screwed ?

spacedog · 08-12-2006, 05:54 AM

But, to be safe.. use only non nude thumbs/images.. nothing lascivious, as this term is used in outlining 2257.. because even a NN image can be lascivious.. ie, cameltoes, spread legs with didlo in her hand, etc.. get the idea..

Also, text links to FHG can work effectively too...

GCD1 · 08-12-2006, 06:00 AM

Quote:

Originally Posted by spacedog

But, to be safe.. use only non nude thumbs/images.. nothing lascivious, as this term is used in outlining 2257.. because even a NN image can be lascivious.. ie, cameltoes, spread legs with didlo in her hand, etc.. get the idea..

How is the government defining lascivious? I don't recall reading it.

spacedog · 08-12-2006, 06:05 AM

Quote:

Originally Posted by GCD1

How is the government defining lascivious? I don't recall reading it.

They're not defining it....

But they do use the term

niceanice · 08-12-2006, 06:05 AM

Quote:

Originally Posted by spacedog

That's not going to cut it.... you need the records yourself..You can not publish, reissue, republish, display an image/movies etc, etc without the records in your own custody.. suppose you have sponsor image, get questioned,, "Gee mr fbi, I will call sponsor A & get the records"...

Guess who is now screwed ?

what if i join the FSC? then im ok, for now?

spacedog · 08-12-2006, 06:06 AM

Quote:

Originally Posted by niceanice

what if i join the FSC? then im ok, for now?

No, unless your in the 10th circuit. They'll (FSC) tell you otherwise..

I really don't know, and there are various answers to that from people here.. best person to ask is an attorney.. my answer is really a guess at best, from what I see, read & heard.

MrCain · 08-12-2006, 06:07 AM

Welcome.

rigrunner · 08-12-2006, 06:08 AM

I imagine you'd be exempt if you're not producing the content. 90% of sponsors provide a link to a 2257 page where anybody can obtain info about the custodian of records.

It's highly unlikely any FBI would knock if you're not producing content, if they knocked for me - I'd point them to the sponsor of whatever pic they were enquiring about.

GatorB · 08-12-2006, 06:13 AM

Quote:

Originally Posted by spacedog

No, unless your in the 10th circuit. They'll (FSC) tell you otherwise..

I really don't know, and there are various answers to that from people here.. best person to ask is an attorney.. my answer is really a guess at best, from what I see, read & heard.

Also I believe you had to be a member of the FSC before a certian date in 2005. I remember everyone being told they had better join before a certain date in order to be protected. I may be wrong about this so someone can provide a link to the agreement the FSC has with the government.

Anyways best way to avoid trouble is not to use content at all.

spacedog · 08-12-2006, 06:13 AM

Quote:

Originally Posted by rigrunner

I imagine you'd be exempt if you're not producing the content. 90% of sponsors provide a link to a 2257 page where anybody can obtain info about the custodian of records.

It's highly unlikely any FBI would knock if you're not producing content, if they knocked for me - I'd point them to the sponsor of whatever pic they were enquiring about.

That's wrong.. if you put it online, you are a secondary producer..

secondary producers ARE required to be in actual, physical possession of their OWN records.. you can NOT list the sponsor as the custodian.. You must maintain your own records..

You are possibly correct that it is unlikely they will knock on your door or any other small site unless you have girls that look suspicious

Worldnet · 08-12-2006, 06:19 AM

You won't get much help from affiliate programs as far as 2257 info. They are laying low playing dumb right now.

niceanice · 08-12-2006, 06:20 AM

Quote:

Originally Posted by spacedog

No, unless your in the 10th circuit. They'll (FSC) tell you otherwise..

I really don't know, and there are various answers to that from people here.. best person to ask is an attorney.. my answer is really a guess at best, from what I see, read & heard.

whats the 10th circuit?

GCD1 · 08-12-2006, 06:51 AM

Quote:

Originally Posted by spacedog

They're not defining it....

But they do use the term

Well that's just lovely. So basically they can apply it to whatever image they want, it would seem. I wonder if they consider bare breasts lascivious?

fris · 08-12-2006, 07:23 AM

porn is bad

spacedog · 08-12-2006, 07:28 AM

Quote:

Originally Posted by niceanice

whats the 10th circuit?

10th circuit is the district where case sundance vs reno was heard in which Judge ordered the injunction that secondary producers were exempt from the record keeping requirements of 2257, however, the changes made in july & when they made HR4472 has created much confusion & chaos regarding 2257.

Dirty Dane · 08-12-2006, 07:30 AM

welcome and bump4u

notabook · 08-12-2006, 07:35 AM

Quote:

Originally Posted by Fris

porn is bad

But? but how can something that makes my penis feel so good be bad

Grapesoda · 08-12-2006, 07:55 AM

Quote:

Originally Posted by GatorB

Also I believe you had to be a member of the FSC before a certian date in 2005. I remember everyone being told they had better join before a certain date in order to be protected. I may be wrong about this so someone can provide a link to the agreement the FSC has with the government.

Anyways best way to avoid trouble is not to use content at all.

hummm? isn't that extortion? seems like that would walk in court in a heart beat . . . the gov is in collusion with a private organization for exemption from a law? so I wouldn't be 'extorted' so now I must go to jail . . don't think that will fly

Webby · 08-12-2006, 08:06 AM

Quote:

Originally Posted by niceanice

Whats the best way to be be 2257 safe and still be an affiliate?

Welcome to GFY!

Nice and sensible first post

andrej_NDC · 08-12-2006, 09:19 AM

Let the sponsor host your domains.

jayeff · 08-12-2006, 09:32 AM

Quote:

Originally Posted by niceanice

what if i join the FSC? then im ok, for now?

If you join FSC now, you get no protection whatsoever: you had to be a member at the time the non-inspection agreement was reached.

And in any case, define "ok"? I get the strong impression that many FSC members are choosing to interpret a suspension of inspections as an exemption from the law. If so, a lot of people are potentially headed for trouble, when/if inspections begin.

Quote:

Originally Posted by rigrunner

I imagine you'd be exempt if you're not producing the content. 90% of sponsors provide a link to a 2257 page where anybody can obtain info about the custodian of records.

It's highly unlikely any FBI would knock if you're not producing content, if they knocked for me - I'd point them to the sponsor of whatever pic they were enquiring about.

Which, if your location is indeed the UK, you can afford to say. However, in the US it would not go down too well if you had to admit to the FBI that you had never bothered to read the rules and made a whole lot of wrong assumptions about them.

slapass · 08-12-2006, 09:42 AM

I have heard that boobs are ok and that they are bad. have we got any definition on this? I went to all boob shots a while ago and would hate to have to scrub old crap further.

niceanice · 08-13-2006, 12:02 PM

Quote:

Originally Posted by andrej_NDC

Let the sponsor host your domains.

Are there sponsors that do that?
Id do that in a heartbeat! Even pay full price for my hosting as long as I only use a sponsors content and their domain and they handle all the models paperwork for the content they give me.

Ill change sponsors and promote one who does that today.

Peaches · 08-13-2006, 02:07 PM

I changed all my pages to text back when 2257 was being batted around. I don't actively promote them in link lists or TGPs but they are bringing in twice as much with the text as they were with the pics. Which is how I started back in 97 making all text pages for AltaVista. Go figger

footmonkey · 08-13-2006, 02:22 PM

How about hot-linking? The images are not hosted by you therefore they're ok?

Does artistic nudity need 2257s?

Does solo topless need 2257s?

StickyGreen · 08-13-2006, 02:31 PM

don't switch your thumbs to non-nude, they are very unproductive...

DaddyHalbucks · 08-13-2006, 02:31 PM

If you "black out" genital areas, does that remove the record keeping requirement?

Gaybucks · 08-13-2006, 02:59 PM

Quote:

Originally Posted by footmonkey

How about hot-linking? The images are not hosted by you therefore they're ok?

We were advised to use the "average person" rule. If an average person who isn't technically inclined looks at your page, and looks at the URL at the top, s/he will assume that the URL at the top of the page is where the site and images are hosted. Therefore, hotlinking is probably not a wise idea. You don't want to have to be arguing that sort of technical point in front of a jury.

Quote:

Originally Posted by DaddyHalbucks

If you "black out" genital areas, does that remove the record keeping requirement?

According to the regulations for 2257 published in June 2005, a sexually explicit image is still sexually explicit even if you've blacked out the naughty bits.

On a related note, there is also disagreement among the major adult attorneys as to whether an image that is not explicit (i.e., model is clothed), but part of a photoset that *is* explicit falls under 2257 or not. Difficult to enforce, but you may want to play it safe.

Digipimp · 08-13-2006, 03:01 PM

sell drugs instead of porn

L-Pink · 08-13-2006, 03:06 PM

Quote:

Originally Posted by DaddyHalbucks

If you "black out" genital areas, does that remove the record keeping requirement?

No ... cropping does NOT either.

andrej_NDC · 08-13-2006, 03:36 PM

Quote:

Originally Posted by niceanice

Are there sponsors that do that?
Id do that in a heartbeat! Even pay full price for my hosting as long as I only use a sponsors content and their domain and they handle all the models paperwork for the content they give me.

Ill change sponsors and promote one who does that today.

Email me at support (at) nextdoorcash.com

wizhard · 08-13-2006, 05:26 PM

Quote:

Originally Posted by Peaches

I changed all my pages to text back when 2257 was being batted around. I don't actively promote them in link lists or TGPs but they are bringing in twice as much with the text as they were with the pics. Which is how I started back in 97 making all text pages for AltaVista. Go figger

IMHO a well crafted text link is one of the most underated sales tools around

Quotealex · 08-13-2006, 05:31 PM

Quote:

Originally Posted by niceanice

All I am is an affiliate, I have no interest in producing content.
I like using sponsor content only, I dont even like buying it.

So are you safe using sponsor content? If you get audited for it which sponsors will step forward and help you and say they shot the content and here are their records? Leaving their affiliates totally safe to just keep promoting them worry-free?

To be safe, only use text links and don't put any content (including banners) into your server. U can also ask the sponsor to buy u a domain under their name and host the content on their server.

beta-tester · 08-13-2006, 05:41 PM

I am still curious are International people with their servers hosted in the US still safe from this stupid law ?

Quotealex · 08-13-2006, 05:47 PM

Quote:

Originally Posted by beta-tester

I am still curious are International people with their servers hosted in the US still safe from this stupid law ?

Nope. Why should they!

footmonkey · 08-13-2006, 07:01 PM

I thought that if your company was based in Russia you went by Russian law no matter if your server was in Russia or the US or China.

GCD1 · 08-14-2006, 05:59 AM

Quote:

Originally Posted by Gaybucks

On a related note, there is also disagreement among the major adult attorneys as to whether an image that is not explicit (i.e., model is clothed), but part of a photoset that *is* explicit falls under 2257 or not. Difficult to enforce, but you may want to play it safe.

You have to be fucking kidding me. Ugh.

bvds · 08-14-2006, 06:49 PM

Quote:

Originally Posted by beta-tester

I am still curious are International people with their servers hosted in the US still safe from this stupid law ?

no we are based in Australia and if we host in the US we are still subject to 2257 as is everyone who hosts on US servers.

I wonder what percentage of adult sites have switched to non US servers recently?

niceanice · 08-14-2006, 07:38 PM

Ive decided Im just going to sign with a sponsor who lets me use their hosting and their content on their domain.

Im trying to find one who will give me my own server as I do a lot of video work, but I can pay the bandwith and server coss myself, I just want it all in their name since im using their content

08-12-2006, 04:44 AM	#1
niceanice Confirmed User Join Date: Aug 2006 Posts: 145	Whats the best way to be be 2257 safe and still be an affiliate? All I am is an affiliate, I have no interest in producing content. I like using sponsor content only, I dont even like buying it. So are you safe using sponsor content? If you get audited for it which sponsors will step forward and help you and say they shot the content and here are their records? Leaving their affiliates totally safe to just keep promoting them worry-free?

08-12-2006, 06:07 AM	#9
MrCain Confirmed User Join Date: Jun 2006 Posts: 3,332	Welcome. __________________ Sigmund

08-12-2006, 06:08 AM	#10
rigrunner Confirmed User Industry Role: Join Date: Jan 2004 Location: UK Posts: 877	I imagine you'd be exempt if you're not producing the content. 90% of sponsors provide a link to a 2257 page where anybody can obtain info about the custodian of records. It's highly unlikely any FBI would knock if you're not producing content, if they knocked for me - I'd point them to the sponsor of whatever pic they were enquiring about. __________________ Get Nasty - Make Bank Here

08-12-2006, 07:23 AM	#16
fris Too lazy to set a custom title Industry Role: Join Date: Aug 2002 Posts: 55,372	porn is bad __________________ Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence. WP Stuff

08-13-2006, 02:31 PM	#28
StickyGreen . Industry Role: Join Date: Oct 2003 Posts: 13,076	don't switch your thumbs to non-nude, they are very unproductive... __________________ Refer Cam Girls and Take Home 10% of Everything They Make For Life

08-12-2006, 05:33 AM	#2
mikeet this & that Industry Role: Join Date: May 2005 Location: Beer City Posts: 5,328	Welcome to GFY, nice 1st post.

08-12-2006, 05:54 AM	#4
spacedog Yes that IS me. Bitch. Industry Role: Join Date: Nov 2001 Posts: 14,149	But, to be safe.. use only non nude thumbs/images.. nothing lascivious, as this term is used in outlining 2257.. because even a NN image can be lascivious.. ie, cameltoes, spread legs with didlo in her hand, etc.. get the idea.. Also, text links to FHG can work effectively too...

08-12-2006, 06:19 AM	#13
Worldnet Confirmed User Join Date: Feb 2003 Location: Atlanta Posts: 996	You won't get much help from affiliate programs as far as 2257 info. They are laying low playing dumb right now.

08-12-2006, 07:30 AM	#18
Dirty Dane Sick Fuck Industry Role: Join Date: Feb 2004 Location: www Posts: 9,491	welcome and bump4u

08-12-2006, 09:19 AM	#22
andrej_NDC Registered User Industry Role: Join Date: May 2004 Posts: 7,760	Let the sponsor host your domains.

08-12-2006, 09:42 AM	#24
slapass Too lazy to set a custom title Join Date: Nov 2002 Location: Earth Posts: 14,622	I have heard that boobs are ok and that they are bad. have we got any definition on this? I went to all boob shots a while ago and would hate to have to scrub old crap further.

08-13-2006, 02:07 PM	#26
Peaches Old broad Join Date: Oct 2002 Location: Away Posts: 13,933	I changed all my pages to text back when 2257 was being batted around. I don't actively promote them in link lists or TGPs but they are bringing in twice as much with the text as they were with the pics. Which is how I started back in 97 making all text pages for AltaVista. Go figger

08-13-2006, 02:22 PM	#27
footmonkey Confirmed User Industry Role: Join Date: Nov 2005 Posts: 639	How about hot-linking? The images are not hosted by you therefore they're ok? Does artistic nudity need 2257s? Does solo topless need 2257s?

08-13-2006, 02:31 PM	#29
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	If you "black out" genital areas, does that remove the record keeping requirement? __________________ Boner Money

08-13-2006, 03:01 PM	#31
Digipimp BP4L OT DL Join Date: Mar 2003 Location: BP4L Swap Meet Posts: 13,481	sell drugs instead of porn __________________ Still Hosting at Webair and You Should Be Too

08-13-2006, 05:41 PM	#36
beta-tester Rock 'n Roll Baby! Join Date: Sep 2004 Location: USA, temporarly Posts: 22,562	I am still curious are International people with their servers hosted in the US still safe from this stupid law ? __________________ Sig for sale. Affordable prices. Contact me and get a great deal ;) My contact: ICQ: 944-320-46 e-mail: manca {AT} HotFreeSex4All.com

08-13-2006, 07:01 PM	#38
footmonkey Confirmed User Industry Role: Join Date: Nov 2005 Posts: 639	I thought that if your company was based in Russia you went by Russian law no matter if your server was in Russia or the US or China.

08-14-2006, 07:38 PM	#41
niceanice Confirmed User Join Date: Aug 2006 Posts: 145	Ive decided Im just going to sign with a sponsor who lets me use their hosting and their content on their domain. Im trying to find one who will give me my own server as I do a lot of video work, but I can pay the bandwith and server coss myself, I just want it all in their name since im using their content