Judge Rules in Favor of Industry On 2257

[TheLegacy]

Judge Rules in Favor of Industry On 2257

CHATSWORTH, Calif. - In an opinion issued Wednesday, U.S. District Court judge Walker D. Miller ruled in favor of the Free Speech Coalition on two key sections of its lawsuit against 18 U.S.C. §2257, the federal Recordkeeping and Labeling Act, and the regulations issued by Attorney General Alberto Gonzales that apply to that law. The case is Free Speech Coalition v. Gonzales.

http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=252970

[monaro]

It is alot to take in and some of which is above me in knowing fully the meanings
behind the present case though I noticed this part which had pointed out one thing
inwhich I am doing on the web. Maybe allot of other wms feel the same so I pulled
the following plug that seem to point out what I am doing for a sponsor,
eg;
buying content and building sites and going about my business.

It says;
"This is a blockbuster of a ruling! It appears to say that, for example, a content producer
which does not maintain its own websites but merely sells content to others is required
to keep 2257 records of the performers it hires, but the webmasters who post that material
on the Web are not. Further, in such a situation, the content producer is not required
to keep lists of any URLs, since none of the sites on which the materials appear are under
its control, and the webmasters, who are not "producers" under this ruling, also are not
required to keep lists of the URLs where the material appears, nor are they required to
keep the identification records."


Thank you for sharing and if I am wrong in thinking please correct me.

Have a great day,
Mark

[Rochard]

I'm disappointed that more of XN hasn't commented on this subject. Shame on all of you. This law could affect you no matter what aspect of the industry you are in.

I liked this part:
"The Tenth Circuit specifically held that §2257(h) is unambiguous and that plain language of the statute excludes persons 'who basically have had no contact with the performers.'

I look at it like this.... If I rent a storage shed and store all of my coke there, is the storage place liable for my actions? No, of course not. They had no idea of what I was storing there. Likewise, the end user - the affiliate - has no idea if 2257 documentation is legit or not. And worse, being as they'll never meet the model in question, have no way of knowing.

Looks like we won round one.

And thank God for the companies that supported the FSC in this matter.

[TheLegacy]

agreed Rochard - there is still a way to go especially for those who are webcam operators, but I agree.. where the hell is everyone now? this is big news?