OCCash 2257 Announcement

[xxxjay]

OCCash 2257 Announcement (controversial)

OK, it is time the big OCCash 2257 announcement. This is very likely to be the most controversial one yet. There are more underlying factors to this decision that I am allowed to discuss at this time, but fear not – things will play out in the coming weeks.

Rather than waste your time with my rambling, I would like to provide you with a letter from our attorney, which we have been given permission to post.

Email me jay@occash.com if you have questions, comments, or problems.


THE LAW OFFICE OF
JEFFREY J. DOUGLAS
A PROFESSIONAL CORPORATION

TELEPHONE 1717 FOURTH STREET, THIRD FLOOR TELECOPIER
(310) 576-3411 SANTA MONICA, CALIFORNIA 90401-3319 (310) 576-3408

June 10, 2005


Re: Secondary Producer Records Pursuant to 18 U.S.C. § 2257

To Whom It May Concern:

I represent OC Cash Media. We received your inquiry concerning copies of records for secondary producers. I am very familiar with 18 U.S.C. § 2257 in my capacities as a First Amendment and criminal defense practitioner, the Chairman Emeritus of the First Amendment Lawyers Association and the Chair of the Board of the industry’s trade association, the Free Speech Coalition. I write this letter exclusively in my capacity as OC Cash Media’s attorney

Despite General Gonzalez’ efforts at reviving the concept of “secondary producers” in the most recent version of regulations in support of 18 U.S.C. § 2257, the concept is not supported by the statute itself. The only case addressing the issue, Sundance Assocs. Inc. v. Reno, 139 F.3d 804, 807 (10th Cir.1998), held that the “secondary producer” requirements of the regulations to be unconstitutional. We rely on that holding, and further decline to violate the privacy of the performing artists by disseminating private data when not required to do so by law.

If you have any questions regarding this policy, please do not hesitate to call, or have your attorney do so.


Sincerely,

The Law Office of
Jeffrey J. Douglas

By: Jeffrey J. Douglas


cc: OC Cash Media