New 2257 Regs are out

[Useless]

Originally Posted by LusciousDelight

I can't get my brain around the difference in secondary producer and distributor.

Think of a producer as a publisher and a distributor as a guy working in a warehouse. We happen to be in the business of web publishing.

Originally Posted by LusciousDelight

But if I am reading correctly, a secondary producer can be in compliance with a link to producer's site. Is that correct? That should be good news to us freesite builders/submitters...unless of course I am intepreting wrong.

Yes, no, and maybe. We may now be able to use a third-party for our record-keeping needs:

A primary or secondary producer may contract with a non-employee custodian to retain copies of the records that are required under this part. Such custodian must comply with all obligations related to records that are required by this Part, and such a contract does not relieve the producer of his liability under this part.

Of course, we have to interpret whether or not another producer, such as the sponsor, can be considered OUR third-party record-keeper. And, as stated in the quote, even if we can use the sponsor as a record-keeper, if they fuck up, we remain legally liable. Also, if the sponsor is relying on a third-party for their 2257 record-keeping needs, our third-party just (possibly) became an unknown fourth-party -- and we're forcing the feds to jump through hoops to find the appropriate records. Assuming that the sponsor keeps their pages up-to-date, one might be able to link to sponsor's 2257 info and feel safe and compliant.

Frankly, I'm not concerned. But I'm also not sane, nor am I an attorney -- though I do look devastatingly handsome in a suit.

[bDok]

Originally Posted by Useless Warrior

-- though I do look devastatingly handsome in a suit.

oh, your safe . It's the ones that don't that should worry.

[LD]

Originally Posted by Useless Warrior

, even if we can use the sponsor as a record-keeper, if they fuck up, we remain legally liable. Also, if the sponsor is relying on a third-party for their 2257 record-keeping needs, our third-party just (possibly) became an unknown fourth-party -- and we're forcing the feds to jump through hoops to find the appropriate records.

Damn...