Text links, FSC and 2257?

RawAlex · 2005-07-04, 12:35 PM

Couple of little things:

As we all know (and hate) certain types of ch|ld nudism is legal and accepted. It's art, you know?

HERE IS THE BIG BUT: You put those same images on a page and put "CLICK HERE TO SEE HER FUCK" then you have CP.

There ya go.

Magoo: One problem - you only get documents for content you host, not the content others host. If there is a clear 2257 disclaimer on the site, and none of the models is clearly underage, then you are working in good faith. The law does not expect more from you than normal dilligence. More importantly, I don't think a single person has even been prosecuted for accidentially linking to CP.

Alex

Wenchy · 2005-07-05, 07:19 AM

IMHO, there is definitely a difference between "illegal" content and content that is not properly documented. Pornography in and of itself is not, by law, illegal; thus, using text links to send traffic to a pornographic website is not illegal. Plus you do have freedom of expression in your corner.

Either way, a site that you are linking to is not your responsibility... if the owners/operators are not compliant as far as documentation, it is not a reasonable expectation under the law that every affiliate signed up to advertise that site will have knowledge of their level of compliance. 2257 applies to content residing on your server, and if you don't have the content you aren't required to have the documents.

Of course, IANAL and I do see your point... and I'm just anti-establishment enough to see outside the box and get a real good view of a realm of possibilities as far as "yeah, you did this and that's cool, but over here in THIS chapter..." However, the logical part of my brain believes the powers that be have enough on their plates without playing one regulation off of another like some twisted game of regulatory roulette. Only time will tell...

tiny · 2005-07-05, 11:26 AM

Ya know threads like this make my head hurt and I don't me the lil one.Gee I guess all the story sites need 2257 if thats the case.Text is text linkin to a site you should already know if its borderline or not and just not do it.I'd avoid the CJ sites they let anybody link and ya never know where the surfer will end up.

2005-07-05, 07:19 AM	#2
Wenchy Trying is the first step towards failure Join Date: Jan 2005 Location: Mile High City Posts: 120	IMHO, there is definitely a difference between "illegal" content and content that is not properly documented. Pornography in and of itself is not, by law, illegal; thus, using text links to send traffic to a pornographic website is not illegal. Plus you do have freedom of expression in your corner. Either way, a site that you are linking to is not your responsibility... if the owners/operators are not compliant as far as documentation, it is not a reasonable expectation under the law that every affiliate signed up to advertise that site will have knowledge of their level of compliance. 2257 applies to content residing on your server, and if you don't have the content you aren't required to have the documents. Of course, IANAL and I do see your point... and I'm just anti-establishment enough to see outside the box and get a real good view of a realm of possibilities as far as "yeah, you did this and that's cool, but over here in THIS chapter..." However, the logical part of my brain believes the powers that be have enough on their plates without playing one regulation off of another like some twisted game of regulatory roulette. Only time will tell... __________________ I was thinking of the immortal words of Socrates, who said, "I drank what?"

2005-07-04, 12:35 PM	#1
RawAlex Took the hint. Join Date: Mar 2003 Posts: 5,597	Couple of little things: As we all know (and hate) certain types of ch\|ld nudism is legal and accepted. It's art, you know? HERE IS THE BIG BUT: You put those same images on a page and put "CLICK HERE TO SEE HER FUCK" then you have CP. There ya go. Magoo: One problem - you only get documents for content you host, not the content others host. If there is a clear 2257 disclaimer on the site, and none of the models is clearly underage, then you are working in good faith. The law does not expect more from you than normal dilligence. More importantly, I don't think a single person has even been prosecuted for accidentially linking to CP. Alex

2005-07-05, 11:26 AM	#3
tiny Hello, is this President Clinton? Good! I figured if anyone knew where to get some tang it would be you Join Date: Aug 2003 Location: maine Posts: 447	Ya know threads like this make my head hurt and I don't me the lil one.Gee I guess all the story sites need 2257 if thats the case.Text is text linkin to a site you should already know if its borderline or not and just not do it.I'd avoid the CJ sites they let anybody link and ya never know where the surfer will end up.