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Old 05-20-2005   #26
ThrobX
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Join Date: Dec 2002
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Seriously, consult legal council if you are interested in this, as it is understood by us, we are the producer that serves the gallerys of content from our servers ( we would not upload them to your servers they would come from ours)
The producer's the producer. If it's my site and I'm making the money from it, then I'm the producer. It matters not where the stuff is being served from. If I'm a US citizen and I'm making money from it, then I'm the producer.

There's a big misconception that simply moving your hosting offshore shields you from US law. Tell that to the people who tried to run gambling sites hosted offshore.

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of course you could always host in Panama with us, and then hire us as an employee to run your hosting and content managment as well we would be glad to do that for you.
Well, being that the regs specifically mention "INDIVIDUAL" (not "corporation," or "legal entity," or "shadow producer") when talking about the custodian of records, I don't believe I would be able to employ a hosting and content management company to be my custodian of records. That would be more akin to subcontracting, which is not "employing."

A simpler solution would be for someone in the adult business to have a real live office, with a real live custodian of records (yourself or a real live employee), and then they're following the law. Seems like a shorter distance between 2 points, and they're then on firm legal ground, to boot!

Sorry to be jerking around with you here, but offsite 2257 recordkeeping solutions don't really work, because they aren't compliant with the regs. Or at least they aren't compliant with the current regs. We'll see what the new regs are really like when they're published on Tuesday.
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