Banned for Bogus whois - Page 2

RawAlex · 2006-03-05, 04:16 PM

glowlite, by the "new" 2257 rules as written, if you a primary producer (and they tried to make it secondary as well, which is up for legal debate right now) you are required to have the records at your "principal place of business" and that office must be manned I think it is 20 hours per week (I don't remember the exact words).

So, let's say you work at home, and run a paysite with some nice exclusive content that you have shot yourself (or have entirely purchased as a work for hire) and you have those nice 2257 required model releases and proof of ID. If you don't have an office that you use 20 hours per week, then you have to list your home address as your "custodian of records" and give the name of the person responsible for those records. That person must be an employee or owner of the business, no third party record holders are permitted.

It effectively eliminates the idea of a PO box as a business address, and means that you cannot use your lawyer or accountant or whatever's office as your record holder.

It is way more complicated than that, but it is one of the reasons the newer 2257 rules have driven many amateurs either out of the business or into partnership with existing programs to allow them to hold the records for them and accept to be the primary producer.

Alex

swedguy · 2006-03-05, 04:40 PM

Quote:

Originally Posted by tigermom

Now, UW, am I to understand that you reject sites at Scorpiolinks based on private Whois? if so kindly let us know and mention it in your rules. Will save us both time

If there's things on the site that doesn't add up and look suspicious or I suspect something and the domain has a private whois, then I do reject for it.

glowlite · 2006-03-05, 05:33 PM

Thanks for the briefing Alex. I don't know squat about 2257 other than what I'm doing was approved by my attorney 4+ months ago. I just assumed smaller primary producers used 3rd party similar to a Registered Agent capacity.

That would explain why so many of the amateur/independent I've looked at have banded together. To share resources and dilute the excessive overhead.

tigermom · 2006-03-06, 12:51 AM

Interesting thread. I don't live in the US, so 2257 isn't much of an issue to me. Also, I use the sponsor or content producer's 2257 anyway. I don't have the records, and when I do, I prefer to think I don't, cause I think it's crazy that I could even get them. These girls deserve some privacy, even if they chose for whatever reason to display their private parts on the internet.

The POB solution is interesting. Looks like I'm going to incorporate anyway next year, too much money coming in lol, so might be a good idea to have that now already.

2006-03-06, 12:51 AM	#29
tigermom You can now put whatever you want in this space :) Join Date: Dec 2005 Posts: 893	Interesting thread. I don't live in the US, so 2257 isn't much of an issue to me. Also, I use the sponsor or content producer's 2257 anyway. I don't have the records, and when I do, I prefer to think I don't, cause I think it's crazy that I could even get them. These girls deserve some privacy, even if they chose for whatever reason to display their private parts on the internet. The POB solution is interesting. Looks like I'm going to incorporate anyway next year, too much money coming in lol, so might be a good idea to have that now already. __________________ XLEF

2006-03-05, 04:16 PM	#26
RawAlex Took the hint. Join Date: Mar 2003 Posts: 5,597	glowlite, by the "new" 2257 rules as written, if you a primary producer (and they tried to make it secondary as well, which is up for legal debate right now) you are required to have the records at your "principal place of business" and that office must be manned I think it is 20 hours per week (I don't remember the exact words). So, let's say you work at home, and run a paysite with some nice exclusive content that you have shot yourself (or have entirely purchased as a work for hire) and you have those nice 2257 required model releases and proof of ID. If you don't have an office that you use 20 hours per week, then you have to list your home address as your "custodian of records" and give the name of the person responsible for those records. That person must be an employee or owner of the business, no third party record holders are permitted. It effectively eliminates the idea of a PO box as a business address, and means that you cannot use your lawyer or accountant or whatever's office as your record holder. It is way more complicated than that, but it is one of the reasons the newer 2257 rules have driven many amateurs either out of the business or into partnership with existing programs to allow them to hold the records for them and accept to be the primary producer. Alex

2006-03-05, 05:33 PM	#28
glowlite Banned Join Date: Nov 2005 Location: ARIZONA - INDIANA Posts: 101	Thanks for the briefing Alex. I don't know squat about 2257 other than what I'm doing was approved by my attorney 4+ months ago. I just assumed smaller primary producers used 3rd party similar to a Registered Agent capacity. That would explain why so many of the amateur/independent I've looked at have banded together. To share resources and dilute the excessive overhead.