Ok – I’ve have now officially consulted with three different attorneys on the “date of publishing” issue. Of course, the industry would like to state that it is the date a site went online, while the government will most likely take a much harder stance.
Fact is, what constitutes “date of publication” is nebulous – even in the written law.
Also, there is some case law (the Sundance case) that defines what “secondary producers” are and points to flaws in the new 2257. There are also constitutionality (Ashcroft can’t just create a whole new breed of criminals) and well as blatant privacy issues.
2257 IS bad news, but all the cards are not yet on the table.
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