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I think you are reading way too much into this - here's what the DOJ said when these type comments were made:
"Two commenters commented that the definition of producer in the
proposed rule was too broad and would encompass a convenience store
that sold sexually explicit magazines or a movie theater that screened
R-rated movies. The Department declines to adopt this comment. As the
rule makes clear, mere distributors of sexually explicit material are
excluded from the definition of producers and under no plausible
construction of the definition would a movie theater be covered merely
by screening films produced by others"
I do believe this would be exactly the same thing that say a link site doing some advertising would be doing by using the sponsors advertising - since you are not "digitizing" anything - just adding a link to it
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