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Old 2005-06-09, 10:19 AM   #1
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2257 and pic posts

I know that no one is a lawyer on here but I would like peoples ideas on this. If I have a folder on my server with pics submitted to a pic post that is not in the U.S. and they hot link those pics am I required to have 2257 documentaion if none of those pics are published on my site.

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Old 2005-06-09, 10:22 AM   #2
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it isn't where the picture is hosted, it is where it APPEARS to be. IMHO, If the url appears to be their site, then they published it. Without them nobody would see the image.

It's the same reason why you can't just move all the content offshore and hotlink it into a paysite.

Hint: Picposts and other sites that are dependant on hotlinking images are screwed. They have no way to be sure that the images are and REMAIN softcore. What is softcore right now can be hardcore in seconds. Pretty much all of those business models have had major holes poked in them this month.

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Old 2005-06-09, 10:41 AM   #3
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Raw Alex
do you feel the 2257 statement has to be on gallerys ???
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Old 2005-06-09, 10:46 AM   #4
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Quote:
Originally Posted by RawAlex
it isn't where the picture is hosted, it is where it APPEARS to be. IMHO, If the url appears to be their site, then they published it. Without them nobody would see the image.Alex
Thanks for your thoughts RawAlex thats what I was thinking to.

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Old 2005-06-09, 12:17 PM   #5
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Tommy - I do - and Im pretty sure that Alex has posted before that he agrees - thats why Im pulling all of mine

just to nake sure Im clear on this - you do mean galleries submitted or that you have built? They would all require a 2257 link to the statement for that domain
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Old 2005-06-09, 12:29 PM   #6
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Tommy, I am seeing where a gallery can be considered a major entry point, so I can see where having a 2257 link on the gallery is probably a good idea. Now, if you had a page that links to all your galleries then you might not need one if you consider that page to be the major entry point to the site.

That is a very grey area. Doubly so if you build a free site with 2 galleries, and then also submit the galleries to TGPs... which is the major entry point? Good luck figurig it out.

I don't think link sites and TGPs should be in the business of enforcing laws. I don't intent to check for or require a 2257 statements on these submitted to me. I cannot control third parties, I cannot accept responsiblity for them. I won't knowing link to illegal material.

Also, I can't say that there is any way to require a 2257 statement from a company that is not in the US. That is a tricky area as well.

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Old 2005-06-09, 12:37 PM   #7
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Quote:
Originally Posted by RawAlex
I don't think link sites and TGPs should be in the business of enforcing laws. I don't intent to check for or require a 2257 statements on these submitted to me. I cannot control third parties, I cannot accept responsiblity for them. I won't knowing link to illegal material.
Not to mention the fact that any fool (even I) can put up a 2257 page, but that doesn't mean that the info is true, accurate, or displayed per the letter of the law. If one is to demand a 2257 link then I assume they are going to have their attorney do their reviews along side them and contact the content producer for each gallery.
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Old 2005-06-09, 03:01 PM   #8
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It seems to me that the new regs force pic posts and TGPs that accept submissions from other webmasters (the usual model) to close. It doesn't matter that the images are served on the submitting webmaster's bandwidth. If the images are displayed on the pic post or TGP, the owner of that traffic resource is responsible for documenting them. There's no way to reasonably do that, of course, so I expect the U.S. based TGPs and pic posts will be shutting down.
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Old 2005-06-09, 07:20 PM   #9
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Ann, it is my feeling that any "picture" based system is pretty much at risk if it is operated by an american company or individual. Picposts are really at risk, because they are not linking a thumb but a whole image, and there really isn't much way around that at all.

Some people think they will still be able to run thumbtgps... it's going to be a very softcore world out there.

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Old 2005-06-09, 08:01 PM   #10
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Ann - I would agree on the thumb TGPs - but not the text link only TGPs - they should be in the same boat as LLs so they should be fine
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