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Old 2005-05-24, 07:18 PM   #1
Barron
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I spent all day reading the changes also. There are several questions I'm leaving to the lawyer to answer.

But, my lawyer is only one opinion. If any coders out there that are on staff or as independant contractors are contacting a lawyer, please get their opinion on this:


Quote:
(2) A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, digitally- or computer-
manipulated image, picture, or other matter intended for commercial
distribution that contains a visual depiction of an actual human being
engaged in actual sexually explicit conduct, or who inserts on a
computer site or service a digital image of, or otherwise manages the
sexually explicit content of a computer site or service that contains a
visual depiction of an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a contract,
agreement, or conspiracy to do any of the foregoing.
...or conspiracy to do any of the foregoing. is a very powerful statement standing on its own.

However, this talks about "commercial interest" in the depictions.

Quote:

(4) Producer does not include persons whose activities relating to
the visual depiction of actual sexually explicit conduct are limited to
the following:
(i) Photo or film processing, including digitization of previously
existing visual depictions, as part of a commercial enterprise, with no
other commercial interest in the sexually explicit material, printing,
and video duplicators;
I dont want to sound like the "doom and gloom" guy, but if coders create scripts for the purpose of placing sexually explicit depictions on the internet, we do have a commercial interest, we are getting paid. I know.. I know.. commercial interest means sales of profit from the showing of the depictions.

But, some wild card investigater might to make the stretch. So, if any of you coders are contacting a lawyer. Ask them about this so we can get more than one opinion and compare notes.

On the lighter side... They screwed up and left a big whole in all of this, and I dont need a lawyer to point it out. The new regs specifically called out TCP/IP.

Quote:
(f) Internet means collectively the myriad of computer and
telecommunications facilities, including equipment and operating
software, which constitute the interconnected world-wide network of
networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols to such protocol,
to communicate information of all kinds by wire or radio.
This will never happen, but wouldnt it be great if we all changed to IPX

http://www.nikmakris.com/cisco_ipx.asp

Back to reality...


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Old 2005-05-24, 07:33 PM   #2
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Thanks for the reply, Alex. I'm working today and haven't had time to sit down and really go through this thing line by line, but I think I get the general idea... that being that small, independent, single-person businesses like myself are basically hosed in the extreme.

I work a full-time job and do adult on the side (full-time hours but you know the drill). Anyway, it's completely out of the realm of reality for me to rent an office space, no matter how small. I live in one of the most expensive cities in the country right now, and business rentals are even more outrageous than real estate.

So, basically what I'm getting here is that I can either (A) give up several months of hard work and dedication and a craft I truly enjoy, or (B) potentially place myself, my teenage son, and the other people who live here in jeopardy of harrassment or worse. Great f*cking options. And, no, I'm not going into "the sky is falling" mode, not by a long shot... I'm just trying to get a serious grip on WTF I'm up against.... and the more I read/absorb the more distressed I become

Edited to add: On a side note, I certainly hope that LLs, TGPs, et al are going to offer a "leniency period" for WMs who can't get their hands on adequate 2257 info for old sets of pics and have to remove pages from their domains.
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Old 2005-05-24, 07:41 PM   #3
Barron
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Quote:
Originally Posted by Wenchy
Thanks for the reply, Alex. I'm working today and haven't had time to sit down and really go through this thing line by line, but I think I get the general idea... that being that small, independent, single-person businesses like myself are basically hosed in the extreme.

I work a full-time job and do adult on the side (full-time hours but you know the drill). Anyway, it's completely out of the realm of reality for me to rent an office space, no matter how small. I live in one of the most expensive cities in the country right now, and business rentals are even more outrageous than real estate.

So, basically what I'm getting here is that I can either (A) give up several months of hard work and dedication and a craft I truly enjoy, or (B) potentially place myself, my teenage son, and the other people who live here in jeopardy of harrassment or worse. Great f*cking options. And, no, I'm not going into "the sky is falling" mode, not by a long shot... I'm just trying to get a serious grip on WTF I'm up against.... and the more I read/absorb the more distressed I become

The part that concerns me for those that work a full-time job is the 20 hour per week requirement that have to make the files available. Do we really want law inforcement officials visiting our homes with the kids around.

Then take that a step further, which 20 hours are you going to designate? If done incorrectly you will find it hard to go on vacation, or even take a three day weekend off for holidays.

Your right, there is lots to think about on how we all will proccede.


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Old 2005-05-24, 07:41 PM   #4
Preacher
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Ditto Wenchy...

Feels like only the big guys who do this full-time and have the resources to be Inc'd, have the office space, a lawyer and maybe even a compliance officer will weather the storm -- should this come to pass as written.

But if that's the case, perhaps they (the big players) could sub-contract out designers to create free-sites for them and pay a nominal commission or build fee.

Not trying to sound drastic, just trying to think outside the box.
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Old 2005-05-24, 08:24 PM   #5
HornyHeather
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Quote:
Originally Posted by Wenchy
Thanks for the reply, Alex. I'm working today and haven't had time to sit down and really go through this thing line by line, but I think I get the general idea... that being that small, independent, single-person businesses like myself are basically hosed in the extreme.

I work a full-time job and do adult on the side (full-time hours but you know the drill). Anyway, it's completely out of the realm of reality for me to rent an office space, no matter how small. I live in one of the most expensive cities in the country right now, and business rentals are even more outrageous than real estate.

So, basically what I'm getting here is that I can either (A) give up several months of hard work and dedication and a craft I truly enjoy, or (B) potentially place myself, my teenage son, and the other people who live here in jeopardy of harrassment or worse. Great f*cking options. And, no, I'm not going into "the sky is falling" mode, not by a long shot... I'm just trying to get a serious grip on WTF I'm up against.... and the more I read/absorb the more distressed I become

Edited to add: On a side note, I certainly hope that LLs, TGPs, et al are going to offer a "leniency period" for WMs who can't get their hands on adequate 2257 info for old sets of pics and have to remove pages from their domains.

I am in the exact same boat you are,
and me having 4 children, I just am not comfortable with my info being published, being I just had troubles with a stalker about 2 weeks ago. So hey maybe I will put my info up, so he can knock on my door...
None of us want this, and we all seen it coming, The government does what the fuck they want and dont care who likes it, it is what makes them happy...

Furthermore, the whole attitude about protecting children with this, is bull, what pedo is going to have any discalimer? Just another reason to take more rights away...Big Bad Gov taking away our rights, what else is new? And we the People sit here looking at each other with dismay...
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