OCCash 2257 Announcement

[tb]

Originally Posted by 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

Here is the Attorney Generals response:

Dear Jeff,
Fuck you.
We make the laws around here.
If you don't like our new policy, see you in court!
Have a nice day.
Best regards
Alberto G.

Originally Posted by tb

Here is the Attorney Generals response:

Dear Jeff,
Fuck you.
We make the laws around here.
If you don't like our new policy, see you in court!
Have a nice day.
Best regards
Alberto G.

This is a 2.5 billion dollar industry and the shame of 2257 is that is will be left to individuals to fight 2257 as it was left to individuals to fight Acacia.

We have the money hwever lack the guts and organisation to come together and fight as one.

Then we would be the ones telling Alberto we will see you in court.

[Bill]

I for one think it's an interesting and defensible position.

Sundance vs Reno SHOULD apply.

I don't use free content in general, but I do believe S.vsR. still applies to secondary producers like myself.

[MrYum]

Jay...hat's off to ya man

It's about time someone with the resources to fight this thing stepped up! We all know these regs are nothing more than a feeble attempt at re-writing case law and making life a living hell for US adult webmasters.

The regs do absolutely nothing to inhibit or curb cp on the internet. The scum that deal in that crap won't be posting 2257 info because there isn't any to post. They will continue to operate covertly as they always have.

Meantime, honest webmasters are pulling down years worth of work. Removing banners from thousands of pages...basically jumping through hoops in an attempt to stay out of jail.

IF we bend over and attempt to comply with these draconian regs...what's next??? When do GW, Alberto and the DOJ decide that plain ol intercourse is obscene? Blowjobs? Cumshots? ANY kind of hardcore???

Are we US webmasters going to be reduced to promoting bikini sites...or simply put our of business period? Yes, I'm sure GW, Alberto and the DOJ would love to see us all shut down...

But, now that someone with deep pockets has stepped up...wouldn't you rather aide in the fight instead of bending over and taking it up the ass???

I don't have deep pockets...wish the fuck I did...I'd be right there with Jay. As it is, I'm hoping there are other deep pockets in this with him.

But, I am a paid member of the FSC...they are our voice in this...and I support them. Folks, if you can...THIS is the time to support the FSC. Personally, I want that organization to be very fuckin healthy financially. We never know when that voice is going to be needed.

[xxxjay]

Originally Posted by MrYum

Jay...hat's off to ya man

It's about time someone with the resources to fight this thing stepped up! We all know these regs are nothing more than a feeble attempt at re-writing case law and making life a living hell for US adult webmasters.

The regs do absolutely nothing to inhibit or curb cp on the internet. The scum that deal in that crap won't be posting 2257 info because there isn't any to post. They will continue to operate covertly as they always have.

Meantime, honest webmasters are pulling down years worth of work. Removing banners from thousands of pages...basically jumping through hoops in an attempt to stay out of jail.

IF we bend over and attempt to comply with these draconian regs...what's next??? When do GW, Alberto and the DOJ decide that plain ol intercourse is obscene? Blowjobs? Cumshots? ANY kind of hardcore???

Are we US webmasters going to be reduced to promoting bikini sites...or simply put our of business period? Yes, I'm sure GW, Alberto and the DOJ would love to see us all shut down...

But, now that someone with deep pockets has stepped up...wouldn't you rather aide in the fight instead of bending over and taking it up the ass???

I don't have deep pockets...wish the fuck I did...I'd be right there with Jay. As it is, I'm hoping there are other deep pockets in this with him.

But, I am a paid member of the FSC...they are our voice in this...and I support them. Folks, if you can...THIS is the time to support the FSC. Personally, I want that organization to be very fuckin healthy financially. We never know when that voice is going to be needed.

Yeah, it too bad an important post like this gets moved to the spam. There is more politics on GG&J than in Washington - lol.

[tb]

Originally Posted by xxxjay

Yeah, it too bad an important post like this gets moved to the spam. There is more politics on GG&J than in Washington - lol.

No kidding? And here I was thinking what a gutless move on the part of OC to post it in spam.
You telling me GG&J moved you here?

[MrYum]

Yea...it is too bad Jay. Whatever the history is there...it's unfortunate that it affected this particular post.

However, I think a lot of board members use the new posts button instead of reading forum by forum. Think there was a poll on that not too long ago.

Yep TB, it probably did get moved. There is some history there...I have no idea what it is though...doesn't really matter in this instance.

Guess the part that surprises me is this thread is just sitting here.

Noticed the same on another board. I guess as much as people complain about these regs...they'd really rather jump through hoops to comply. And hope like hell GW/Alberto/DOJ don't eventually decide our entire fuckin business is obscene.

We still have a pretty good shot as stopping this thing in its fucking tracks! The FSC has high powered lawyers...some of the best in the biz.

Personally, I can't afford a high end attorney. Called one a week or so ago...fucker wanted a $5k retainer just for the priviledge of being able to call him IF I need him.

But, I sent my $300 to the FSC in a heartbeat. No, I can't afford a lawyer. No, the FSC won't defend me IF I need one. But, the FSC is on the front lines of this thing...they're the ones trying to stop it. If all goes as it should, I won't need a fucking lawyer.

And that's the part that gets me. I really thought more people in the biz would want to support the FSC in this fight. Instead of giving in...rolling over...and complying with these draconian rules that have already been shot down once.

[Greenguy]

Originally Posted by xxxjay

Yeah, it too bad an important post like this gets moved to the spam. There is more politics on GG&J than in Washington - lol.

You run a Link List & we run the board the same way - you don't like the rules of a Link List, then don't submit to it.

You don't like the rules of the board? Don't post.

[xxxjay]

Originally Posted by Greenguy

You run a Link List & we run the board the same way - you don't like the rules of a Link List, then don't submit to it.

You don't like the rules of the board? Don't post.

Sorry, I thought the post had some merit - seeing as it was the first to actually have a written statement from a top 2257 lawyer.

I guess you board members can keep checking the spam for the good stuff.