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-   -   Whats the best way to be be 2257 safe and still be an affiliate? (https://gfy.com/showthread.php?t=643595)

niceanice 08-12-2006 04:44 AM

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?

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 :Oh crap

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


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