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Old 2005-05-24, 07:18 PM   #58
Barron
You tried your best and you failed miserably. The lesson is 'never try'
 
Join Date: Oct 2004
Posts: 166
I spent all day reading the changes also. There are several questions I'm leaving to the lawyer to answer.

But, my lawyer is only one opinion. If any coders out there that are on staff or as independant contractors are contacting a lawyer, please get their opinion on this:


Quote:
(2) A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, digitally- or computer-
manipulated image, picture, or other matter intended for commercial
distribution that contains a visual depiction of an actual human being
engaged in actual sexually explicit conduct, or who inserts on a
computer site or service a digital image of, or otherwise manages the
sexually explicit content of a computer site or service that contains a
visual depiction of an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a contract,
agreement, or conspiracy to do any of the foregoing.
...or conspiracy to do any of the foregoing. is a very powerful statement standing on its own.

However, this talks about "commercial interest" in the depictions.

Quote:

(4) Producer does not include persons whose activities relating to
the visual depiction of actual sexually explicit conduct are limited to
the following:
(i) Photo or film processing, including digitization of previously
existing visual depictions, as part of a commercial enterprise, with no
other commercial interest in the sexually explicit material, printing,
and video duplicators;
I dont want to sound like the "doom and gloom" guy, but if coders create scripts for the purpose of placing sexually explicit depictions on the internet, we do have a commercial interest, we are getting paid. I know.. I know.. commercial interest means sales of profit from the showing of the depictions.

But, some wild card investigater might to make the stretch. So, if any of you coders are contacting a lawyer. Ask them about this so we can get more than one opinion and compare notes.

On the lighter side... They screwed up and left a big whole in all of this, and I dont need a lawyer to point it out. The new regs specifically called out TCP/IP.

Quote:
(f) Internet means collectively the myriad of computer and
telecommunications facilities, including equipment and operating
software, which constitute the interconnected world-wide network of
networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols to such protocol,
to communicate information of all kinds by wire or radio.
This will never happen, but wouldnt it be great if we all changed to IPX

http://www.nikmakris.com/cisco_ipx.asp

Back to reality...


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