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Old 12-21-2008, 03:12 PM   #1
Craig T
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Tube Site Opportunities

I am thinking that with the new 2257 regulations taking a very hard look at tube sites who don't do 2257 reporting, there is going to be a huge opportunity for those doing legal content style type tube sites.

I've also noticed a lot of questions about where to find programming for tube sites. I have already found some amazing technologies already written and available.

For those interested, you can contact me at craig "at" tant.phxcoxmail dot com
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Old 12-21-2008, 03:32 PM   #2
WiredGuy
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I thought user submitted content were exempt from 2257?
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Old 12-21-2008, 03:54 PM   #3
Craig T
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Hey WG,
I think I read this phrase about 200 times in the new proposed regulations

"The Department does not accept this comment"

http://edocket.access.gpo.gov/2008/pdf/E8-29677.pdf

I'll try to find the exact paragraphs as I am going through this now for the 2nd time.
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Old 12-21-2008, 04:10 PM   #4
Craig T
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In looking through this Dept of Justice report, you can make a case for it to mean that they are requiring the person who uploads the image/video to the tube site to put up the disclosure notice, but how many people, if any, do that? That I believe will impact the tube site's ability to allow the content to remain.
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Old 12-21-2008, 06:46 PM   #5
Barefootsies
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Quote:
Originally Posted by Craig T View Post
In looking through this Dept of Justice report, you can make a case for it to mean that they are requiring the person who uploads the image/video to the tube site to put up the disclosure notice, but how many people, if any, do that? That I believe will impact the tube site's ability to allow the content to remain.
Um.... just because some user does not know the laws, nor a tube site offers up a disclosure, does not make it legal.

Leave the 'legal hot tips' to lawyers, and your opinions where they belong eh toots?
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Old 12-21-2008, 06:52 PM   #6
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Good! tubes should be shut down! they suck and they are ennoying!
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Old 12-22-2008, 05:34 AM   #7
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a lot of them don't even operate in the U.S. so this whole thread is pretty much pointless
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Old 12-22-2008, 09:14 AM   #8
Craig T
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Quote:
Originally Posted by Barefootsies View Post
Um.... just because some user does not know the laws, nor a tube site offers up a disclosure, does not make it legal.

Leave the 'legal hot tips' to lawyers, and your opinions where they belong eh toots?
I always leave the legal to lawyers, and my opinions on 2257 may be more than you are capable of understanding at this point. The opportunity is there now for legal tube sites, as the DOJ gets its hands around this issue. If you actually read it,you will see they have done a pretty good job of in the big scope of thngs and have at least set some groundwork for the issue of non-compliance.

The big tube sites being offshore? That not the case. Go ask Choopa which ones they host.

And as for my opinions, Tootsie, you can't help everyone.
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Old 12-22-2008, 09:58 AM   #9
TheKandybar
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Please read below to stay informed on the latest in 2257 and how it impacts you.

Thanks

Tube Sites Likely Liable Under Revised 2257 Provisions, Attorney Says
XBIZ POLL
When was the last time you updated your company's business plan?
Less than 6 months ago
6 months to 1 year ago
More than a year ago
What's a business plan?

By Slav Kandyba
Friday, Dec 19, 2008 Text size:
LOS ANGELES — The newly released 2257 revisions may make tube sites legally liable if the content they promote is being distributed for commercial gain.

“If it's user-generated material in which the site doesn’t control the content, the site nevertheless is a distributor,” noted adult industry attorney Gregory Piccionelli told XBIZ.

Separately, Piccionelli questioned how the small text on mobile-based adult sites would be affected by the new 2257 rules. With the revised legislation requiring, at the minimum, a hyperlink to a disclosure statement, it may create problems for businesses operating in the mobile market, Piccionelli said.

But BustBox.com founder Harvey Kaplan said his mobile-optimized site, BustBox.mobi, already contains a hyperlink at the bottom of each page that leads to a third page that contains the necessary label.

With respect to the user-generated content, Kaplan said he generally avoids it to prevent running afoul of the rules.

“There’s no way to track the user-generated content backwards to the original producer and get 2257 data from them,” Kaplan said.

Although 2257 revisions introduced this week are expected to become policy on the day President-elect Barack Obama is sworn in, whether they will be enforced — and how — is a matter of speculation across the industry.

Piccionelli said he expects very little obscenity prosecution resulting out of 2257 violations will occur under the Obama administration, because the officials in it are more likely to focus on child pornography and legislation for filtering content.

Who fills the top position at the Justice Department will determine the effect on the adult industry, according to Piccionelli. Obama’s choice to fill that slot, Eric Holder, “seemed comfortable with the idea of prosecuting obscenity” when he worked at the Justice Department toward the end of the Clinton administration.

“A lot of people in the blogosphere have opined that Holder may not be very friendly to the adult industry,” Piccionelli said. “I don’t think there’s any great cause for concern that Holder will prosecute obscenity cases.”
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Old 12-22-2008, 09:59 AM   #10
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