Sponsor content & Hammering the server

[basschick]

copyright has nothing to do with 2257. talk to a lawyer since you're talking about your freedeom. the 3 i talked to agreed that a pic on your site does not have to be hosted by you in order to be considered part of the site. maybe - just maybe - you could try to pull that off in court, but it would certainly have to get to court for a judge to interpret the law.

[IdolKnights]

copyright has nothing to do with 2257.

As I stated: "This case did touch the nature of Thumbnails but only on “copyright” and not record compliance with hosting lewd and/or obscene thumbnails."

Talk to a lawyer since you're talking about your freedeom.

Always the definitive answer and while it's the correct one, this is adult and it's assumed by such lawyers, you have deep pockets from day one.

The 3 i talked to agreed that a pic on your site does not have to be hosted by you in order to be considered part of the site.

I think it's clearly obvious that "anything" seen "on" your site is a part of your site.



But this leads to a more detailed understanding of a "thumbnail"

• Is it the scaled down image unedited.
• A cropped and scaled down image of just the models headshot.
• All the above.

It "seems" the conversation has been based on assumption of a scaled down version of the original without editing.

Now I wish I could find the thread for reference stating something along the lines of, a panel of lawyers would couldn't agree, Compliance and if a photo, though non nude, used to promote a site was from a set with nude photos, the affiliate posting the non-nude would need the compliance too.

[gaybucks_chip]

Chad will give you a detailed explanation of 2257, both from his viewpoint and from the viewpoint of other industry attorneys, for a pretty reasonable price. While I'm sure he appreciates clients with deep pockets, I know that he also accepts clients without deep pockets

As to the question of the content itself, I know that we (Gaybucks) will host any page(s) that affiliates create which are promoting our content. We started doing this to bypass the 2257 problem, as it's a page on our server on one of our domains, and we can put the content on one of our servers with the capacity to handle pretty much whatever traffic you throw at it.

I'm sure there are other programs that will do similar things.

We wouldn't want an affiliate linking out of our main site or members area, both because we wouldn't want the bandwidth drain on the member's area server and because of 2257 concerns.

[Matt 26z]

Technically, hotlinked images are not a part of your site. Just as RSS feeds are not yours either. Nor are advertiser's iFrames. But that doesn't mean you are in the clear.

Think of it as you painting a picture, but someone else does a section of the canvas. Your name is signed to it, so everyone will think you were responsible for the whole thing ("whats under the address bar").

I wouldn't hotlink to XXX (or even use RSS) and consider this to be risk free given how things appear on the surface to people who may not be looking at source code.

[gaybucks_chip]

Technically, hotlinked images are not a part of your site. Just as RSS feeds are not yours either. Nor are advertiser's iFrames. But that doesn't mean you are in the clear.

Think of it as you painting a picture, but someone else does a section of the canvas. Your name is signed to it, so everyone will think you were responsible for the whole thing ("whats under the address bar").

I wouldn't hotlink to XXX (or even use RSS) and consider this to be risk free given how things appear on the surface to people who may not be looking at source code.

Exactly. The way several attorneys have described it (in reductionist form) is to assume that Mabel from Knoxville is in the jury box, and consider that you don't want to have to try and explain to Mabel about hotlinking or anything else... so if the URL at the top isn't pointing to your server, it's pretty easy to explain that, but if the URL is pointing to your server, but an image, video, I-frame, or whatever is hosting somebody else's content... well, you may have a hard time getting that across to Mabel.