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I've been waiting to see if one of these would pop up. How embarrassing that you'd have to go into court and tell everyone that your four-inch penis is still four-inches.
http://xbiz.com/news_piece.php?id=7295
All kidding aside, this sure has ramifications for webmasters, don't you think?
Dzinerbear
This isnt the first instance of a herbal penis growth company being sued, there were several companies who entered into litigation during the early-mid part of last year that were also targetted by individuals wanting to sue.
I beleive two of them settle out of court and another is still going through the legal process.
Regards,
Lee
I wonder what ramification this has for webmasters. Couldn't it be argued that since the banners we place on our sites are not paid advertising that, by putting them there, we on some level endorse the product?
Dzinerbear
not a surprise
all these pills do is make you hornier, have yet to see any of them actually grow a cock
That's why I feel a lot better promoting FastSize, not because I'm afraid of anyone getting sued, but because I don't want to feel like im ripping the surfer off. Those pills are pure snake oil.
I don't know, that Fast Size contraption looks like it might rip your dick right off. Wouldn't be something I'd be wanting to attach to my body.
God, why can't men just be satisfied with what they've got?
Dzinerbear
Hey Michael
I'm just curious - but since you are resting comfortably over there in Toronto, aren't you in far less jeopardy for legal action initiated in a US court?
I was wondering that. Also regarding you Canadian guys with potential US 2257 liability.
Steve
I dont think 2257 has any power outside of the US borders
Yes, I suppose I am. And were someone to say, "I'm going to sue you," one might be able to get away with, "I live in Canada, your laws have no power here ... hahaha," and they might just believe you and go away.
Also, I imagine suing someone in another country is a little more complicated, and someone might not want to go to the bother.
But still, if an action were filed, it could be a lot more expensive to defend myself because I'd have to fly myself and a lawyer to whatever jurisdiction, or find a lawyer in that jurisdiction. And, if I just decided not to bother showing up ... I'm not sure for what kinds of things extradition orders can be drawn up. But I wouldn't want that hanging over my head – I'd never be able to go to Disney ever again, or lie on a beach with Gary and Lee. :(
Finally, where 2257 is concerned. You're right. The U.S. government has no jurisdiction here in Canada, and no local police department is likely to follow through on a search request from the U.S. Dept of Justice. This is one of the flaws with the whole 2257 proposal. If the U.S. authorities approach my host about one of my sites, my host could just say, "Go away, this isn't the U.S."
The other problem is that with parts of the proposed legislation, I am, as a "foreigner" required only to accept passports whereas a producer in Bumfuck, Idaho can take a birth certificate and/or driver's licence. So on the one hand Canada tends to fall under the jurisdiction of VISA U.S.A., but on the other hand, we get special rules because we're not in the U.S. That's typical.
However, where the problem lies for Canadians, and indeed any non-U.S. webmaster or producer of adult content is that if we don't look like we're complying, then programs and processors may decide to simply not let us play in the game. If I put a statement on my website that say, "I'm not in the U.S., therefore I don't have to comply with your 2257 laws," then perhaps you decide that having me promote your program poses too much liability.
If I look like I comply by putting all the regular statements that you would on your website and I maintain the appropriate records (even though it's all unenforceable) then I don't raise any red flags and I get to play in the game.
For the record, I think it's important that we do everything we can to protect kids, I just think this should be coming out of some international body so it is fair to everyone and enforceable everywhere (as much as it can be).
Dzinerbear