Quote:
Originally Posted by FakeNick
no shit im glad im not on that list of affiliates if i were id be getting some legal representation right about now because it looks like it is only a mater of time before affiliates get pulled in to this as well
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Affiliates perhaps, but that isn't clear. If you expand this without boundries, you could go after the processor, the credit card companies, and the individual consumers who purchased the material IF it is deemed obscene. However, while I am not a lawyer, I suspect that provided you stop promoting it when it is judged obscene, it would likely be hard to get back at you for something that wasn't clearly obscene at the time.
Further, affiliates are paid for traffic and advertising space, on a pay per success system. The affiliates don't control the content of the site, and provided you are acting in good faith it would be pretty hard to create the intent required to prosecute. Further, with 2257 laws having been on the books since 1995 or so, and the CoHF people assuring that all of the content is compliant and all models over 18, there is a clearly an explanation that says
that individual webmasters promoting the program had no valid way to determine that the material was obscene (if judged that way), and further that larger companies including Visa and Mastercard had approved the material. You trust the well reasoned judgement of companies such as this.
Further, CoHF continues to have processing, which suggests that there is no change the the status of the site in the eyes of the processing companies or the credit card companies.
It would be a pretty tough sell to get to affilates, although everyone might be notified by mail to removed the material (in a similar manner to video stores being ordered to remove a video if an underage model is found or other issues come up).