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Also settled is the question of whether the new regulations, which went into effect on June 23, 2005, for all adult producers who were not plaintiffs or FSC members before June 25, were applicable to material "created in the first instance" only after June 23, or did they also apply to material originally created before the date the regs went into effect.
"Were plaintiffs to raise this issue in a legal filing," was the DOJ's response, "defendant would take the position that the quoted language refers to material created in the first instance after June 23, 2005, and not to pre-existing material that is assembled, manufactured, published, duplicated, copied, digitized, reissued, or disseminated after June 23, 2005."
... and now the fun starts. Now all the running for past 2257 documents is likely moot, if I read this correctly. "First instance" meaning date of creation of the original image. It sounds like the DOJ is going to try to apply this ONLY to material made after June 23rd.
Full speed astern!
Alex
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2005-07-21, 02:30 PM
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