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-   -   underage pics by web-legal.com (https://gfy.com/showthread.php?t=78820)

Libertine 09-26-2002 09:46 AM

Quote:

Voodoo
Jeez man! He doesn't PUBLISH it!!!! Do you understand that????? Does not PUBLISH it. He is a CONTENT BROKER. He does not display anything other than samples. The content producer provides the 18 U.S.C. §2257 Statement info to WL. That's as far as WL has to go by law. It is NOT WLs responsibility to INVESTIGATE these statements as WL is NOT the law, and does not have the authority to deem what is true or false. If the law has a problem with the content on the site, they will FIRST contact the PRODUCER (NOT WL) to discuss it....
I could care less if he has to be able to provide it or not. What I care about is if I have to be able to provide it.
And, since publishing a website to the public is considered publishing, this most certainly looks like I have to be able to.

Quote:

WebLegal
[1] What is a producer? 18 USC 2257 is pretty
clear on the concept, but it seems that some
people are taking the position that because
Magazines (which typically do not shoot their own
content, although sometimes they do) have their
own Custodian of Records, that Webmasters _must_
be covered. There are obvious cases where a
Magazine _must_ be a CoR under the law... when
they either employ in-house photographers and own
the work, or when they "commission" a body of
work (which would place them under the "caused
the model to be hired) or when they send a model
to the photographer for a layout. Legally
speaking, it wouldn't seem to cover when they are
simply buying "stock images" from a photographer.
Quote:

Section (h)(3) states: "the term ''produces'' means 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; "
It is indeed very clear about what is meant by "produce". And one of the things explicitly mentioned is publishing a magazine or similar matter.

However, if you people don't want to believe it, I could care less. I'll just continue following my lawyer's words, and at least be sure my ass is covered.

Paul Markham 09-26-2002 10:09 AM

Voodoo, I think you will find that if you have a catalogue that you collate, edit and alter the pictures. Then show it, you are in fact a publisher.

This is definately the UK version on what a publisher is, it is irrelevent if you are charging for the catalogue, you still fall within the realms of a publisher. It does say in the 2257 law it's not exclusive to print.

This was explained to me by a London lawyer a 4-5 years ago. how different is it in the States and are you legally qualified to answer that.

However we get down to whether you want to shove the documents into the police mans hands when he calls or use your free phone call, for a lawyer to argue it out or phone your wife to get all the content providers to supply the 2257 info for you.

You put your trust in Content Providers, I advise you not to. Be it me Unseen, Aaron or Tom Dick & Harry.

Nice one Unseen never miss a chance. But you are right when you publish girls like we do it's safest to have the 2257 to hand.

UnseenWorld 09-26-2002 04:56 PM

It seems to me that what is in question is who produced the product. The "product" is an image and can only be produced once (I'd like to see a prosecutor argue that a specific, identifiable image can be produced more than once). Even if someone creates a website using the image, the image has already been produced and any use of it after that is not production but REproduction.

Maybe lawyers don't understand English. I think lawyers don't think judges understand English, either. Anyway, when you ask a lawyer a question, you will get the most extreme CYA answer possible.

However, if you really want to CYA, you're in the wrong field if you're in the adult business.

Now, all the examples given in the law, as I recall have one thing in common: they are produced in tangible 3-dimensional formats: photographs, magazines, videotapes, and suchlike.

The words "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" would be pretty difficult for a prosecutor to dance around. They seem specific enough to exclude website operators, unless they have a staff photographer or commission work on an exclusive basis.

When selling exclusive material, I always include good copies of the ID/age materials and model release with the product.

PornoDoggy 09-26-2002 05:25 PM

Quote:

Originally posted by newgrade
well after alls said and done i thought lets make a final contribution to this subject.

1. we did get a refund
2. we never saw the real passport and noone ever will
3. ive never seen this much crap about selfchanging signatures and how to move responsibilities
4. this is certainly the last time weve ever bought anything at web-legal

and to the 2 dutch guys who love to pamper us, get a life, you dont even have the nerve to put your irl name here, send me an email with a pic of your new Porsche when you have the nerve :)

WHY DID YOU BUY THE PICTURES IF SHE THOUGHT SHE WAS UNDERAGE?

Plugger 09-26-2002 06:16 PM

I agree with Redshift. If you buy content and do not get copies of the ID's you are not in compliance with 2257.

I think, however, that there was on Appeal Court ruling that said websites do not need the records. I am sure someone can dig up the case?

It is better to shoot your own content, then you know you are safe.

BVF 09-26-2002 06:48 PM

i've said it before and i'll say it again

MIDDLE AGED TO OLD BITCHES RULE!!

http://www.blackvaginafinder.com/sma...allcrooked.jpg

let somebody try to bring me up on child porn charges.......they ain't got nothing coming

AWW - Kevin 09-26-2002 07:20 PM

Quote:

Originally posted by PornoDoggy


WHY DID YOU BUY THE PICTURES IF SHE THOUGHT SHE WAS UNDERAGE?


good point !

PornoDoggy 09-26-2002 07:45 PM

Somehow I don't think I'm going to get an answer.

DTK 09-26-2002 07:56 PM

Quote:

Originally posted by PornoDoggy
Somehow I don't think I'm going to get an answer.
Your question is too logical to receive an answer:winkwink:

PornoDoggy 09-26-2002 07:58 PM

Should I have askes "How many ... " or "How much ... "?

:D

Paul Markham 09-26-2002 09:54 PM

PornoDoggy
I told him not to post them, he had already bought them. I do not know why he bought them. Maybe he thought he could get the documents.

Unseen
And all those debating the 2257 law.
This is about a girl who looked very young and the documents either being refused to be shown to the buyer. Or/and those documents at best being altered at worse being forged. Not about whether the Webmaster should have these documents.

Having the documents or not, will not stop the police knocking on your door and asking for them.

Two ways this scene can play out.

One system has the Webmaster going to his filing cabinet and producing the documents, the police are now happier than they were. They may look further, but they have seen the Webmaster is legit, so far.

The other system has the Webmaster making frantic phone calls to different suppliers and praying/hoping the documents exist and are real. The police are not happy and more convinced the Webmaster has something to hide.

Webmasters, your call. Go with the system you feel more comfortable with.

THE MODELS RIGHT OF PRIVACY
I will not disclose her address to anyone. The magazines we work for do not get it as they have been known to send around a rival photographer. I will not disclose it to a Webmaster I do not know. We do our best to stop people knocking on her door. we do not sell to Czech magazines or websites.

But there it ends, she gave up some of her "privacy" rights when she took her clothes off in front of my cameras for money. Then signed a model release allowing me to sell those pictures and not prosecute who I sell them to.

The idea of a Ukrainian girl coming to the States to sue a Content Provider is slim. The chances of the police checking to see if a girl is of a certain age are far more likely.

GUARD AGAINST THE MOST LIKELY, NOT THE LEAST LIKELY

UnseenWorld 09-26-2002 11:06 PM

Quote:

Originally posted by charly
[B]Unseen
And all those debating the 2257 law.
This is about a girl who looked very young and the documents either being refused to be shown to the buyer. Or/and those documents at best being altered at worse being forged. Not about whether the Webmaster should have these documents.
This topic, like any other, develops interesting sideroads. Whether the webmaster should have these documents became one of those.

Like I pointed out earlier, sometimes when you take on a responsibility that isn't yours, it becomes your responsibility. This is a good reason to let the person the law requires have the records do the records keeping.

Paul Markham 09-27-2002 12:15 AM

Quote:

Originally posted by UnseenWorld

Like I pointed out earlier, sometimes when you take on a responsibility that isn't yours, it becomes your responsibility. This is a good reason to let the person the law requires have the records do the records keeping.

So you are asking people who do not know you, to trust you? Have you ever mistaken a tampered document for an untampered one?

That's fine you shoot all your own content, the girls I believe are all US citizens and have US documents. And a webmaster if he needs to get hold of you, can within 24 hours and you can get the documents to him within another 24 hours? These are maximum times, unless you're on holiday. What do they do then wait the two weeks for you to come back?

I sell to billion $$$$ companies with big legal departments and people the authorities would love to get inside a jail on a CP charge. I DO NOT ASK MY CLIENTS TRUST ME. I tell them to trust themselves. not the fact that she is on the cover of some mag.

If you run an adult busines take responsibility. You are taking the risk.

UnseenWorld 09-27-2002 12:32 AM

Quote:

Originally posted by charly
So you are asking people who do not know you, to trust you? Have you ever mistaken a tampered document for an untampered one?
What makes you think a webmaster who seldom looks at ID firsthand is a better judge of whether it is tampered than I, who examine them all the time? Especially since I am the one seeing the original and he will likely be looking at a JPEG?

Paul Markham 09-27-2002 12:50 AM

Quote:

Originally posted by UnseenWorld


What makes you think a webmaster who seldom looks at ID firsthand is a better judge of whether it is tampered than I, who examine them all the time? Especially since I am the one seeing the original and he will likely be looking at a JPEG?

So you are better qualified than a normal webmaster, agreed. Some content providers do not know the difference between an untampered and a tampered one. As has been shown.

So what happens if you are on holiday?

Paul Markham 09-27-2002 01:00 AM

Quote:

Originally posted by UnseenWorld


What makes you think a webmaster who seldom looks at ID firsthand is a better judge of whether it is tampered than I, who examine them all the time? Especially since I am the one seeing the original and he will likely be looking at a JPEG?

What kind of documents are you using?

US IDs should be comparable by US webmasters with the documents they have in their wallets. Pasport, SS card, Driving License. What are you using, that is so obscure?

If a case ever went to trial the real ones would be all that will suffice.

PornoDoggy 09-27-2002 10:03 AM

WHY DID YOU BUY THE PICTURES IF SHE THOUGHT SHE WAS UNDERAGE?

GFED 09-27-2002 01:44 PM

Quote:

Originally posted by PornoDoggy
WHY DID YOU BUY THE PICTURES IF SHE THOUGHT SHE WAS UNDERAGE?
Persistant aren't we? :)

kevinl 09-28-2002 02:58 AM

great question.

titmowse 09-28-2002 03:11 AM

unanswered questions suck.

hey newgrade,

WHY DID YOU BUY PICTURES OF A MODEL YOU THOUGHT WAS UNDERAGE?


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