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Affiliate Question -- 2257 Docs & IDs
This issue was talked about in another thread....
How many, if any, of the big programs/sponsors are giving their affiliates the necessary 2257 docs and IDs under the new regs since secondary producers are now required to keep records as well. Linking back to the sponsor's 2257 Notice is not compliant BTW. Or, are most of the programs/sponsors hosting galleries now and no longer giving out content ? Thanks.... |
can't that fall under a third party keeping the records for the affiliate, the third party being the sponsor?
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I'm sure it could, as long as the affiliate has a contract with the sponsor company designating the sponsor as the third-party recordkeeper. I'd think that this could be easily added into affiliate program T&C, though it may be better to have it separate and on paper. I'm no attorney and I'm referring back to memory on reading the latest version of the regs, though. But this is one reason why my program will only have FHGs, at least for now.
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First, let me say, you have a GREAT service. A brilliant idea. So don't take this personally. This industry was started by the Mafia, transitioned to people and companies who produced illegal porn in California (until Miller VS Cali) and other places in the USA (or world), and now rests in the hands of groups of people and companies who sell each other out, rip each other off, scam credit cards, cheat models and generally are bad people. From the DVD side to the web side, many are scumbags to the core. I'm not saying everyone is a piece of shit, but I'm saying the vast majority are. It's a mix of shit bags, risk takers and professionals. Sadly, the "professional" group is the smallest of them all. With that said, do yo think these people worry about being compliant regarding anything, especially something that may not even become a problem? Do you think foreign webmasters give a piss about this law, regardless of they should or not? Some of the "professionals" care. That's it. The rest are shit bags, risk takers and guys who fly by the seat of their pants, many from pay check to pay check. Getting 2257 from their sponsors is about as much of a concern as getting their colon checked. :2 cents: They just don't care. |
I do not think the 80 odd sponsors I promote are going to send me all the models ID's of all their sites. That 5000+ paysites with say 100 models each one. That's 500,000 ID's. I do not think thats something that will happen anytime soon. If so, I will be going back to text linking.
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Would you really trust a program to handle your records as they handled their own ? Quote:
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I still think the whole secondary producer shit is bullshit can can be overturned if someone would push it.
Think about it, if I run a porno shop do I need 2257 docs for all the models in the movies I sell, rent or show in the private booths? No. Yet if I have the EXACT SAME movies on my website I do? Does this follow any logic whatsoever? The only people that know the girl is over 18 is the original producer. And if she's underage they could just very easily give me fake docs saying she's legal. So me having docs proves nothing and wastes everyones time. If the feds think some chick is under 18 why the fuck not go straight to the source? Isn't it easier to check with the actual producer of the movie than perhaps the 1000 websites that are showing that movie? |
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On a sidenote: If 2257 is creating barriers between U.S. and foreign companies, the way it contradicts, isn't 2257 itself then non-compliant with international trade agreements? Besides the constutional princip "innocent until proven guilty", I can't see 2257 nothing else than a political tool against adult industry - bot in U.S. .. AND international trade of it. A law "designed" to avoid people breaking another more serious laws... give me a break :error |
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You've obviously never sat in a jail cell, or in front of a judge and jury deciding you freedom, over something you have sold that someone decided to get a stick up their ass over on that particular day and arrest you for. I have, and it is not a pleasant experience, and if it does ever happen to you you'd appreciate any good advice you could get from an attorney... |
I also don't think the powers that be will do large scale inspections. Like they did with the DVD industry, they may do a few, rattle a cage here or there, and then find better things to do.
Even the DVD companies that were in violation, were given a chance to correct the issues. It's not like they are coming in guns a blazing. At least not yet anyway. |
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Sure, one world American order may be coming sooner or later, but it's not here yet. :winkwink: |
I like thought provoking threads like this one.
So, according to the new regs, if you thumbnail and host on your server and/or make even the slightest modification to a tiny file, are you then a secondary producer? |
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You said he was just shilling his service, and that tainted his point that you shouldn't trust program owners to handle records that you are ultimately responsible for when many of them can barely keep their own shit together. How exactly is his point tainted? He is right, in the end you can only count on yourself to cover your own ass... |
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I'm a bit concerned that you might pop a vein from the skyrocketing blood pressure though. It's ok, I'm sure Michael can hold his own on this one without you being his personal Mighty Mouse. You can relax now, cool down, think about fluffy kittens. |
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You seem to be having some trouble, so let me explain to you how internet message boards work, so that you don't have this same issue in the future. Sometimes you make a statement that other people disagree with, and in turn they tell you why they disagree with it. You don't get to pick and choose who reads and responds to what you write. You see how that works? You made a stupid statement, I disagreed with it. No one is getting their panties in a wad except you, so try and take a little of your own advice... |
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Without giving docs to secondary and without keeping records of whom gets that content, if XXX Internet Company shoots an underage model there may be no way of knowing to whom the content has been distributed and it cannot be removed from the market. Quote:
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I dont understand you can be a third party custodian of record but the sponsor of the affiliate cant? Hmmm interesting.
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A public thank you to you and the people you represent and will represent on behalf of the industry as a whole. |
I will say this much ... I smell a big opportunity brewing in this thread.
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I got called in, and they immediately arrested me for promoting prostitution, even though I had independent contractor agreements with all the dancers that stated they weren't my employees. I was taken down to the Montgomery County Jail in Dayton, Ohio and booked, and was then told there was no bail until I saw a judge, which probably wouldn't be until Monday (this was a Friday night). I was put in a cell block filled with drug dealers, armed robbers, and various other criminals, most of whom I saw every day because they lived in the violent housing project that was next door to my store, Parkside Homes. I'm a pretty big guy and can take care of myself, but being in a county jail full of violent criminals is a whole different fucking world. Eventually my attorney showed up, and they were able to get me in front of a judge the next morning, so I only ended up spending the night that first time (in the future I wouldn't be so lucky). What worse is the judge agreed that i did nothing wrong and released me, so I now had an arrest on my record and spent the night in jail, and all because vice decided it was time to start fucking with us. People have no clue how one cop with an axe to grind can change your whole world in an instant... |
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I will not host any sponsor content without seeing the docs. The secondary producer does not need to verify the accuracy of the docs, but he must verify that the docs are available and that the sponsor indicates they are accurate.
After I have viewed them or received copies, I will be content to list a sponsor as the custodian of records if there is a written agreement between that sponsor and myself to that effect. If I have not seen the documents, I do not believe can say I have done my due diligence. Having copies on hand simplifies that issue. And yes, I have the 2257safe banner in my sig, but I guarantee you that is not the reason for my stand on this issue. This statement taken from the DOJ Q and A on 2257 compliance is the reason I feel the way I do.......Ohhh and I don't wish to do time or pay large fines........ Q. Is a secondary producer required to check identification documents of performers? A. A secondary producer is not required to check identification requirements. The secondary producer is required to maintain records that identify the primary producer for any depiction and that verify that the primary producer checked the legal age of performers prior to the date of original production. http://www.usdoj.gov/criminal/optf/l...nce-guide.html |
by the way micheal when my office lease is up in a year I will be comin a callin.
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I think if affiliates are given info then the signing up to be an affiliate has to become much more involved than it is today.
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http://www.2257safe.com/images/stories/demo/backups.jpg |
if there is any real justice left in this country this law will be struck down eventually
Face it the government is requiring you to PROVE that you did not commit a crime THAT NEVER HAPPENED. All the will forcing you to surrender your 4th amendment rights in the process. I can not believe that good attorneys cant have a field day with this travesty...Its a joke. Or at least it should be. |
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I have no problem with age verification and record-keeping, we SHOULD have to do that. But it could be so simple, it's far more draconian than it needs to be. |
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