Members Uploads

[Dianna Vesta]

Niche sites are popping up everywhere and we all know the impact of amateur content. What do you think about giving your members the ability to upload home pics and movies in exchange for free days on your system? These would be approved and then a voting system to keep most popular content in the archive queue.

Yes, I know some of you will say that it opens the doors to copyright violations in an attempt to get those free days. This is why a system admin needs to go in and approve the content daily. Experienced webmasters will catch a lot of it or know content that has been altered and I honestly think there are tons of people in niche that love publishing their shit to other people of like mind.

Comments?

[OldJeff]

I am not a lawyer - nor do I play one on TV - but you are required to have paperwork on all the images you display - be it a model release - license - whatever.

Iwould think it to be a dangerous prospest..


Er....Uh...No your honor - I did not put those pictures of 3 guys from Clevelan fucking an owl on my server :yowsa:

[Nickatilynx]

When I started ilynx people sent me there pictures.......I put them up.

I was soon threatened with lawsuits by both JMM and Stan (from MikeAI)

[RawAlex]

Diana, copyright isn't your big issue at all...

Imagine for a minute that someone uploads a picture of 15 year old girl naked. You don't have USC 18 2257 paperwork to prove the age of the model. You are distributing child porn. Look out. You (or the producer of the content that licences you) must have paperwork for each and every person that appears.

Reader submits are a really scary thing... check out everything magazines have to do for their "babe of the month" submission process.

Alex

[DAMNMAN]

18 USC 2257 is the thing that should worry you the most!!!

It doesn't matter if they are pictures of you naked on your site and you have your ID proving you're over 21 in your back pocket if you don't have the required paperwork and if the address to keeper of records is not posted on your site you are in violation.

It doesn't matter if the images are softcore of women who look 90 years old and would not be considered obscene in the bible belt.
If you do not have the required paperwork complying with 18 USC 2257 record keeping requirements and displayed on your site for each and every set of nude images on your site you are in violation of the law, PERIOD END OF STORY. This law is not ambiguous about this at all.

The FEDs don't have to prove obscenity with this law, they only have to prove you didn't obey the law by having/displaying the info.

The FEDs may never come to get you........................How lucky do you feel I hear that FED prisons are better than state anyway!!!

To stay out of jail "GO HERE!!!" ('http://www.zmaster.com')

One more thing for all of those content stealers out there.
"ARE YOU GOING TO REMEMBER WHERE YOU STOLE YOUR SITES IMAGES WHEN THEY COME FOR YOU? :barfon: "

Unless you shoot the images yourself and keep proper documentation or license them for a reputable company that does you are not safe from club FED.

[Dianna Vesta]

See here's my question... how can someone set up an MSN or yahoo community, allow people to post pictures, display them and not be liable?

[DAMNMAN]

Hi Diana

"See here's my question... how can someone set up an MSN or yahoo community, allow people to post pictures, display them and not be liable?"

They are liable they just don't know it yet!!! It's still the wild west out there.

Alah would marry our whores, all of them at once no doubt!!! (http://www.zmaster.com)

[Dianna Vesta]

Yahoo's TOS for groups.

http://docs.yahoo.com/info/terms/

I'm not a lawyer but it reads to me that it places the responsibilty onto the user. I guess the question would be obscene.

There are hundreds of platforms allowing users to share photos and videos. There must be a way to do this and keep it legal. If a person signs up and agree to the TOS stating that they are the keeper of records, how is that any different then if I purchased content from a broker and they simply give me a license agreement stating they are keeper of ID's and records?

[Peaches]

Originally posted by Dianna Vesta@Dec 30 2002, 04:49 PM
Yahoo's TOS for groups.

http://docs.yahoo.com/info/terms/

I'm not a lawyer but it reads to me that it places the responsibilty onto the user. I guess the question would be obscene.

There are hundreds of platforms allowing users to share photos and videos. There must be a way to do this and keep it legal. If a person signs up and agree to the TOS stating that they are the keeper of records, how is that any different then if I purchased content from a broker and they simply give me a license agreement stating they are keeper of ID's and records?
DV, Yahoo and MSN have a lot of lawyers on retainer for things like this, so even if they DO get sued, they'll more than likely just spend some time in court and if they lose, they'll pay a hefty fine.

The best thing to do is ask yourself "How much can *I* lose?" and go from there. IMHO, basing "gray area" things on what big companies with lots of $$$$ are doing, isn't good :(

[DAMNMAN]

Yahoo's TOS for groups.

http://docs.yahoo.com/info/terms/

I'm not a lawyer but it reads to me that it places the responsibilty onto the user. I guess the question would be obscene.

__________________________

That's their (Yahoo's) rules not the FEDS, that disclaimer will not protect them from the FEDs.
It may protect them from a lawsuit by a person who's had their picture posted againts their will but that's it.

Obscenity is not the main question, obscenity has to be prosecuted in a different way than 18 USC 2257 violations.
Obscenity is objective, we are talking about clear cut case of don't have the proper legal documentation and the images are on my server.

There is already some litigation about who's responsability it is and a lot of that is pointing to the owners of the servers and it aint over yet.

Don't get me wrong I take some pretty weird pictures and someone in West Kackakackeee BF Egypt Bible belt town would most likely find them objectionable, they are still writing the laws for that too.

I also have an xratedpost pic site where people post some naked images which I do not control nor have docs for and it's on my severs and I have a disclaimer: ala Yahoo.
I aint advocating packing it in and going to the choir and prayer meetings twice a week I do think you should be aware of the variables.

It's still uncharted territory out there and like the majority of adult sites out there that have yet to be targeted by the FEDs you may get away with it and even get rich.

Larry Flynt was a pioneer and maybe you'll be one too (Larry went through a lot of shit and came out on top financially but he paid with his body and soul for it!)

You must be prepared to pay the ferryman.


ZMASTER the first name in adult content (http://www.zmaster.com)