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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Confirmed User
Join Date: Mar 2004
Location: San Jose, CA
Posts: 1,341
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2257 update - what's now for secondary producers?
Since the other 2257 thread got hijacked - I figured I post a new one here for those who are secondary producers.
My question is simple: for the sites like mine, which is an adult dating service, what is there to do about the X-rated pictures that people post on their own? Since we have no way of getting IDs from everybody who posts those pictures - will all of the adult dating services, like mine and AFF, etc., have to prohibit the use of X-rated pictures? |
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#2 |
Confirmed User
Join Date: May 2005
Location: On search pages, on ICQ @ 308 7 43669, and in the U.S.
Posts: 925
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I think prohibiting explicit pics would be the only solution...unless you want to keep a valid ID on hand for every member...
![]() later c-lo
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#3 |
Chafed.
Join Date: May 2002
Location: Face Down in Pussy
Posts: 18,041
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It's over johnny, OVER!
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#4 |
Confirmed User
Join Date: Feb 2006
Posts: 226
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it's not looking good.
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icq: 199791893 holler at me |
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#5 |
So Fucking Banned
Join Date: Oct 2003
Location: In a house.
Posts: 9,465
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Well, this is certainly going to raise about as many issues as it resolves (even if they get resolved in a shitty way).
Are you in editorial control of the postings, or is it like an ad in a newspaper? Will AVN require model releases for everyone that appears in an ad in their publications? Remember that the "new" 2257 changes the definitions of what is and what is not required to have model IDs. Basically this is can of worms time, without any hope of their being any way to put back in the can what has already come out. |
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#6 |
Confirmed User
Join Date: Mar 2004
Location: San Jose, CA
Posts: 1,341
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Yes, but isn't it a little silly? And what is everyone else doing about it?
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#7 |
#1 Adult Content Provider
Join Date: Jul 2003
Location: Glendale, Ca
Posts: 11,577
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I would suggest contact Jeffrey Douglas or Greg Piccionelli for that...
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#8 |
Confirmed User
Join Date: May 2005
Posts: 742
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I would recommend discontinuing your business if you need legal advice from gfy
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#9 |
Boomer Woffen
Industry Role:
Join Date: Nov 2003
Location: Null
Posts: 30,594
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hr4472 made secondary producers bare the burden of record keeping when it was passed. The litigation in denver is complete bullshit and means nothing. Congress passed hr4472 to smack the fsc in the face for making such a challenge. hr4472 has been and is on the books since late 2006 (approx). I dont know why so many of you thought the litigation by the fsc mattered once hr4472 was passed.
Duke
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My mother said, to get things done You'd better not mess with Major Tom |
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#10 | |
Confirmed User
Join Date: Oct 2002
Location: Under the Rainbow
Posts: 2,731
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#11 | |
Confirmed User
Join Date: May 2004
Location: Sacramento, CA
Posts: 451
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Quote:
So even if you are an FSC member, according to our attorney, you have not had protection against inspections for secondary records since 4472 passed. Why no one has paid any attention to this until now is totally beyond me... I and quite a few others have been talking about it for months.
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#12 | |
Confirmed User
Join Date: Oct 2002
Location: Under the Rainbow
Posts: 2,731
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You and your lawyer are certainly correct. The DOJ has still held off, but regardless they will start in May.
No one paid attention is probably an overstatement. Most people of this board do not have lawyers and do not understand the laws. Only when AVN of Xbiz posts something do they pay heed until the last thread about it is off the first page of GFY. Once the arrests begin and they will the ranks of webmasters with a nexus in the US will diminish significantly as real panic ensues. Quote:
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#13 | |
Boomer Woffen
Industry Role:
Join Date: Nov 2003
Location: Null
Posts: 30,594
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Quote:
yup! The risk was here all along and people didnt even realize it. But at least they vaugely made mention of conceeding to allowing sanatized documents. That helps plenty. The business is always changing. We have more to fear from .xxx than we do 2257. The thing is, this business is really starting to become a business. Many people are going to have to make a descision soon whether or not they want to be associated with smut or not. I guess thats the cost of being in this business. I do feel for the affiliate who now has to carry records, but we will supply them with them. Or, host their domain and let the burden fall on our shoulders. There are ways to make this work; the sky isnt falling. Duke
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My mother said, to get things done You'd better not mess with Major Tom |
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#14 |
Damn Right I Kiss Ass!
Industry Role:
Join Date: Dec 2003
Location: Cowtown, USA
Posts: 32,409
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I talked to a lawyer. He said that secondary producers are the affiliate programs. Webmasters who do not create content but serve the affiliate programs content are not considered secondary producers...
So I asked why then is everyone posting that we are? The response was, "Money, a lot of lawyers are making a lot of money telling you that you are." |
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#15 | |
Confirmed User
Join Date: Oct 2002
Location: Under the Rainbow
Posts: 2,731
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Quote:
""Your obligations, if any, under 2257 are determined by your status as a ?producer? of regulated materials containing non-exempt visual depictions of actual sexually explicit conduct. The statute speaks only of someone who ?produces? materials containing regulated visual depictions, and does not reference ?primary producers? or ?secondary producers.? Rather, under 2257, ?produces? is defined to mean: . . . to produce, manufacture, or publish any book, magazine, periodical, film, video tape or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted.15 "" and this is before the Adam Walsh Law which removes any distinctions. |
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#16 |
MFBA
Industry Role:
Join Date: Mar 2003
Location: PNW
Posts: 7,230
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once bush is out they will refocus their energies elsewhere, the US has a huge fucking worldwide mess on its plate to be worrying about such frivolous matters.
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#17 |
Confirmed User
Join Date: Oct 2002
Location: Under the Rainbow
Posts: 2,731
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The problem is that sinners are a priority at this time. The Christian Republic of America believes it is saving the world on several fronts at once. It is a tragedy of biblical proportions.
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#18 |
Confirmed User
Join Date: Apr 2007
Posts: 149
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Don't you guys think the fbi will go after sponsors who are secondary sponsors like Maxcash or ARS first before they will go after small fry like affiliates??
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#19 |
My hips don't lie
Industry Role:
Join Date: Nov 2002
Posts: 10,129
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#20 | |
Confirmed User
Join Date: Feb 2003
Location: DeltaHell
Posts: 3,216
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Quote:
And this is the most important part - the Walsh bill - which is Law in the US right now as of June of 2006 got rid of the primary and secondary producers concept - everyone is just a producer now - I have no idea why anyone is worried about 2257 changes that the FSC was fighting - this new bill which is already a law is much stricter and also covers simulated sex - goes way beyond the 2257 everyone was so worried about before - and I guarantee you that there isnt a single sponsor out there that meets this new law |
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#21 |
Traffic - Protect Content
Industry Role:
Join Date: Aug 2003
Location: San Diego
Posts: 1,482
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Consult your attorneys, I see a lot of bs on here and missleading statements.
To help you out Bay couples, I think you already knew the answer, don't let people post Xrated pictures. But consult an attorney, I"m not one and neither is anyone else on here for the most part.
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#22 | |
Confirmed User
Join Date: Oct 2002
Location: Under the Rainbow
Posts: 2,731
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#23 | |
Confirmed User
Join Date: Jan 2006
Location: Wherever I wake up, but not always for long.
Posts: 161
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Quote:
Hopefully no one here will get fucked before that happens.
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#24 | |
Boomer Woffen
Industry Role:
Join Date: Nov 2003
Location: Null
Posts: 30,594
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Quote:
Your lawyer is a retard. Tell him to icq me and i will tell him myself. 161-350-410 Duke
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My mother said, to get things done You'd better not mess with Major Tom |
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#25 |
Confirmed User
Join Date: Jan 2002
Location: Ny
Posts: 4,113
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Someone hold me
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Hey surfers how about some The Best Porn Sites |
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#26 |
Yes that IS me. Bitch.
Industry Role:
Join Date: Nov 2001
Posts: 14,149
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let's put it this way folks... the programs that don't have their shit in order will get fined, because they got the big bucks to keep themselves out of jail..
the webmaster/affiliates that don't make big bucks will go to prison.. |
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#27 | |
So Fucking Banned
Join Date: Oct 2003
Location: In a house.
Posts: 9,465
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Quote:
If I was a company like AFF, I would be trying to figure out a valid solution that will cover their asses. |
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#28 | |
Yes that IS me. Bitch.
Industry Role:
Join Date: Nov 2001
Posts: 14,149
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Quote:
regular/average affiliates can't afford 2 million dollar fines, so will end up going to prison. |
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#29 | |
Confirmed User
Join Date: May 2004
Location: Sacramento, CA
Posts: 451
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Quote:
I would run away from his advice as fast as I could if you don't want to end up in jail.
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#30 | |
Too old to care
Industry Role:
Join Date: Jun 2001
Location: On the sofa, watching TV or doing my jigsaws.
Posts: 52,943
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Quote:
![]() What about the moral issue of posting someones image on the Internet without being 100% certain it was from the actual model. |
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#31 |
Confirmed User
Join Date: Mar 2004
Location: San Jose, CA
Posts: 1,341
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#32 | |
Confirmed User
Join Date: May 2005
Posts: 742
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#33 | |
So Fucking Banned
Join Date: Mar 2007
Posts: 654
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Quote:
He is correct on this as of last year sure but you have to understand that you are talking to a lawyer here and given from what I know about other lawyers is that most of them gather out dated data. This is what ties up most court systems in the first place people that arent current with whats exactly going on today but rather collecting paychecks and driving around in fancy cars. |
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#34 |
Confirmed User
Join Date: Mar 2004
Location: San Jose, CA
Posts: 1,341
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So, how come AFF gets to still do that?
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#35 |
Confirmed User
Join Date: Dec 2005
Location: Detroit
Posts: 164
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Scary shit...
Bush and the Christian right have fucked this country up so bad I don't know how long the dust will take to settle. If YPN accepted non-US publishers I would have been in Cayman or Curacao long ago. This used to be the land of the free, it is far from that now... porn aside. We need to elect an Atheist President! If they're so uptight about 2257 etc. why doesn't BUsh start by cleaning up the churches of all the fucking child predators wearing those stupid fuckin costumes and chanting BS while waiving the incense in the air!!! |
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#36 |
So Fucking Banned
Join Date: Oct 2003
Location: In a house.
Posts: 9,465
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Nobody else seems to have the balls, so I will.
Money. Cash. Moolah. Green. Quite simply, even if AFF got raided / attacked / notified by the DoJ or whatever, they can afford to buy their way out of the situation. In a similar way to Zango buying their way out of serious shit. Birds of a feather... |
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#37 | |
Confirmed User
Join Date: Dec 2005
Location: Detroit
Posts: 164
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