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Old 06-06-2009, 07:41 AM  
pornlaw
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Quote:
Originally Posted by iseeyou View Post
I am not lawyer but you are crazy if you think a business agreement or contract or waiver can override any laws or statutes or regulations (unless those laws and statutes and regulations specifically allow to be overridden by private agreements).

A business agreement can help you in a civil dispute but criminal case is very different.

In the case of 2257, you either comply or you don't comply or you are exempt because your activites are not regulated by 2257. A waiver checkbox is irrelevant when you are in criminal court charged with felony 2257 violation.

Please correct me if I am mistaken about this.

No that about sums it up. Though I suspect that C4S's attorneys have advised them that they may be exempt under the new regs. They certainly would not be primary producers however I think a strong argument can be made that they are secondary. C4S would also have to worry about civil unfair competition claims. You cannot set up a network and then blantantly disregard the law and claim it is someone else's problem while you profit. It certainly has given C4S a huge advantage over anyone else.

The same I think would apply to affiliates and programs. However, thats a whole another discussion.
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