Xbiz promoting newsgroup reseller?

RawAlex · 2005-04-18, 07:21 PM

The problem comes when you cross the line from providing access to the newsgroups and providing filtered / selective newsgroup access, by eliminating all the posts and text and providing access to only the images. You then resell the access. I cannot see how that would differ from me collecting images from the newsgroups and using them inside a paysite. There is a line there, but it is difficult to detemine exactly where that is.

However, 2257 is clear. You have to be able to prove that all the models on your site are of age. Unfiltered, the newsgroups are a seperate issue. But once you start filtering, editing, and removing the text component of the newsgroups to provide only a selected part, you very likely fall into the definition of a primary producer. Why? Because you are unable to confirm the primary producer, the assumption (legally) can be that you are the primary producer because you are unable to accurately point the finger at the primary producer. There is a huge difference between being an ISP offer an unfiltered view of the internet and a company packaging, cleaning, and selectively displaying content. In my opinion, you truly need to get yourself better lawyers if the legal advice you have gotten is different. I'm not a lawyer, but I can see where the logic goes.

The likelihood that you are distributing KP is about 100%, and if you are filtering to remove it, then you are not just an ISP. You cannot have it both ways.

Alex

2005-04-18, 07:21 PM	#10
RawAlex Took the hint. Join Date: Mar 2003 Posts: 5,597	The problem comes when you cross the line from providing access to the newsgroups and providing filtered / selective newsgroup access, by eliminating all the posts and text and providing access to only the images. You then resell the access. I cannot see how that would differ from me collecting images from the newsgroups and using them inside a paysite. There is a line there, but it is difficult to detemine exactly where that is. However, 2257 is clear. You have to be able to prove that all the models on your site are of age. Unfiltered, the newsgroups are a seperate issue. But once you start filtering, editing, and removing the text component of the newsgroups to provide only a selected part, you very likely fall into the definition of a primary producer. Why? Because you are unable to confirm the primary producer, the assumption (legally) can be that you are the primary producer because you are unable to accurately point the finger at the primary producer. There is a huge difference between being an ISP offer an unfiltered view of the internet and a company packaging, cleaning, and selectively displaying content. In my opinion, you truly need to get yourself better lawyers if the legal advice you have gotten is different. I'm not a lawyer, but I can see where the logic goes. The likelihood that you are distributing KP is about 100%, and if you are filtering to remove it, then you are not just an ISP. You cannot have it both ways. Alex