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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
bitchslapping zebras!!!!!
Industry Role:
Join Date: Jun 2001
Location: In a shack by the beach
Posts: 16,015
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Correct me if I'm wrong, on this 2257 deal
While I certainly applaud the FSC for going to bat for their member base, and for working out a stopgap sort of measure with the DOJ, I've yet to see it stated clearly anywhere that if the FSC does not receive an injunction from the courts on August 8th, or if the FSC does not prevail in court ultimately --
that anyone, including FSC members are getting a "get out of jail free" card for failing to be compliant today. What I am asking is for someone to show me where it's written that if the DOJ wins on this case, it is stated that anyone who is out of compliance today will not have to answer for their non-compliance. My main reason for bringing up this point is that I've had several people icq me saying things along the lines of them not having to worry about what they have today on their servers. That they'll join FSC and they'll somehow be safe no matter what the outcome is on the court battle. I'm not trying to scare anyone, but unless someone has this in writing from the DOJ, what is to stop them from screen shotting everyone they think might be non-compliant today, and then should they win in court, coming back and saying on June 23rd, the date for compliance, you had this on your tours, your member areas, whatever, and requiring you to prove compliance on the images or videos? I just don't see this deal as changing potential indictments in the event that the DOJ takes the day in court down the road. |
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#2 |
Its almost time
Industry Role:
Join Date: Dec 2002
Posts: 13,009
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very interesting stuff kimmy
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#3 |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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#4 |
Let's do some business!
Industry Role:
Join Date: Sep 2004
Location: Austin, TX
Posts: 31,329
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No, you are right. Today simply buys time for everyone. That week of August everyone will be nervous once again.
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#5 | |
bitchslapping zebras!!!!!
Industry Role:
Join Date: Jun 2001
Location: In a shack by the beach
Posts: 16,015
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Quote:
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#6 |
Confirmed User
Join Date: Oct 2001
Location: KB's trailer
Posts: 7,840
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Lack of an injunction is disturbing, I am not really sure why they settled for less.
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#7 | |
Confirmed User
Join Date: Jan 2005
Location: On your plate
Posts: 1,065
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Quote:
Damn it woman you're doing it again. ![]() we were all advised to be compliant by TODAY. |
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#8 |
Too lazy to set a custom title
Join Date: Feb 2005
Posts: 16,753
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sorry 2257 on my dick
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#9 |
Confirmed User
Join Date: Jan 2002
Location: ICQ#: 272000271
Posts: 5,475
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That's the interpretation I got from it too.
If you're not compliant TODAY and the FSC loses, you're in danger of being charged. The only thing non-compliant people will have going for them, is the DOJ has to KNOW how to create screenshots first. |
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#10 | |
Confirmed User
Join Date: Jan 2005
Location: On your plate
Posts: 1,065
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Quote:
And I applaud you for showing the good sense not to pass judgement yet. And stating it as a question which is a fine example for the sheep. |
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#11 | |
bitchslapping zebras!!!!!
Industry Role:
Join Date: Jun 2001
Location: In a shack by the beach
Posts: 16,015
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#12 | |
Confirmed User
Join Date: Feb 2004
Location: Anaheim - CA
Posts: 6,741
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Quote:
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AKA - Clubsexy |
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#13 |
So Fucking Banned
Join Date: Feb 2005
Posts: 4,448
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these fuckers could do that
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#14 | |
GFY HALL OF FAME DAMMIT!!!
Join Date: Jan 2002
Location: that 504
Posts: 60,840
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Quote:
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#15 |
bitchslapping zebras!!!!!
Industry Role:
Join Date: Jun 2001
Location: In a shack by the beach
Posts: 16,015
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I'm off to go sailing, but my point in starting this thread was to bring up the fact that as an industry, we are way too used to being overly complacent until the 11th hour, so to speak.
It's been a year since the original proposed changes were released, and while everyone had to know that something was coming down the pipe, very few did anything to get themselves at all prepared. When I say I talk to people that have been on the short end of the DOJ prosecuting stick before, I should use the listening.jpg image. EXACTLY what one of them told me would happen is EXACTLY what did happen. The DOJ would get everyone into an uproar, then back off for enough time to get everyone back to thinking they were above the law or above the cold, skeletal clutches of the law. Then they drop the bomb on you. What makes anyone think this is any different? Hell, I'd bet that Justice isnt anywhere near having the cases they want against their original target list. But I also bet that target list didn't change at 12:01 am today. If you aren't compliant today, and you take this as some sort of stay of execution, you're crazy and probably stupid. A 7 year old can take a screen shot, what makes you think the DOJ can't or won't? There's an old saying about giving someone enough rope. I certainly hope the DOJ isn't hanging a number of you with their deal today. |
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#16 | |
Confirmed User
Join Date: Apr 2001
Location: LIVE EVIL
Posts: 5,611
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and small asian boys |
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#17 | |
Confirmed User
Join Date: Aug 2004
Posts: 1,917
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Quote:
I have discussed this matter with my attorney and he said it would be rarethat they go back and get someone who was a part of the lawsuit, it would just be bad faith on their part. |
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#18 | |
Confirmed User
Industry Role:
Join Date: Dec 2002
Location: SeATtle
Posts: 6,033
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Quote:
And the list for "what happened today is not necessarily good for webmasters" continues to grow.
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#19 | |
Confirmed User
Industry Role:
Join Date: Dec 2002
Location: SeATtle
Posts: 6,033
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Quote:
Yeah, this administration and justice dept is known FAR and WIDE for their good faith ain't they? lol
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#20 |
Now with more Jayne
Industry Role:
Join Date: Dec 2002
Location: Los Angeles
Posts: 40,077
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well..if you have your records in order by the time the grace period is over how are they going to know you didn't have them today?
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#21 |
GOO!
Industry Role:
Join Date: Sep 2002
Location: Back Home : )
Posts: 9,768
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I said the same thing days ago ... when someone brought up well, we won't get busted in 13 hours, blah, blah, blah ... I said, who is to say they don't have computer junkies with a list of paysites/programs that they go through, find non-compliancy THEN come after you at a later date ...
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#22 |
Confirmed User
Join Date: Mar 2003
Location: Oh Canada!
Posts: 3,662
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If ultimately the fsc fails to win an injunction, will that membership list continue to be sealed?
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#23 |
Confirmed User
Join Date: Dec 2004
Location: Vancouver
Posts: 4,325
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I don't get how being a member of a club makes you immune to prosecution and all non-members are ripe for the pickin. I'm not familiar with many US laws but that seems pretty weird... Was there an attempt at getting an injunction or did the FSC broker this sweetheart deal to encourage webmasters (most likely by the hundreds) to sign up.
![]() On a side note, if I was a US webmaster I'd already be signed up for no other reason than to support a group that was fighting for my industry. |
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#24 | |
Confirmed User
Join Date: Jan 2002
Location: In the walls of your house.
Posts: 3,985
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Quote:
__________________
"Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats." --H.L. Mencken |
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#25 |
lurker
Industry Role:
Join Date: Aug 2002
Location: atlanta
Posts: 57,021
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been compliant on the front of my site since the proposed regs
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#26 |
Confirmed User
Join Date: Oct 2002
Location: Under the Rainbow
Posts: 2,731
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Why is this so hard to understand
1. The lawsuit was filed by a few individuals and the Free Speech Coalition for it's members. They are the people covered by the agreement. 2. The law is still the law and has been the law since the last century. 3. The new regulations still apply for EVERYONE, all that is delayed are inspections for the protected class. 4. If you a member of the protected class use the time to get your records in order because unless a permanent injunction is granted they can come and enforce the law in the future. If you are not willing to participate in the law suit you can file your own or quit complaining about paying for less than one hour of an attorney's time. |
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#27 |
Too lazy to set a custom title
Industry Role:
Join Date: Mar 2003
Location: Homeless
Posts: 62,911
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Very true, and very interesting, but I think that it was a MAJOR fuck up on their part for the part about ONLY protecting thier paying members. I thought that free speach was for everyone.
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#28 | |
Confirmed User
Join Date: Jan 2005
Posts: 294
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#29 | |
Join The Royal Family
Join Date: Apr 2002
Posts: 25,463
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Quote:
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#30 | |
Damn Right I Kiss Ass!
Industry Role:
Join Date: Dec 2003
Location: Cowtown, USA
Posts: 32,409
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Quote:
HEY, Whoa! I paid for a FULL hour of the attorney's time. |
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#31 |
Confirmed User
Industry Role:
Join Date: May 2002
Location: Toronto
Posts: 8,475
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Did you have to be compliant as the clock struck 12 last night, or do we have to become compliant today?
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#32 | |
bitchslapping zebras!!!!!
Industry Role:
Join Date: Jun 2001
Location: In a shack by the beach
Posts: 16,015
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Quote:
They don't inspect ANYONE for the next 3 months, for example. The FSC does not win their injunction. The DOJ then comes to inspect someone, who happens to be an FSC member. The DOJ asks for compliance back to yesterday. The person is non-compliant. At this point the DOJ really doesn't care whether you are, were or even have heard of the FSC, since there is no injunction. How is this bad faith? Just an example of what might happen. There is no excuse for not being compliant today. |
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#33 | |
Old broad
Join Date: Oct 2002
Location: Away
Posts: 13,933
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#34 | |
Confirmed User
Industry Role:
Join Date: Nov 2001
Location: Southfield, MI
Posts: 9,812
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Quote:
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#35 |
Deeply shallow
Join Date: Jan 2004
Location: Hollywood, Ca.
Posts: 9,133
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Marty actually has a very logical point. If they investigate someone that isn't compliant, then they are not compliant and the timeframe is not as relevant. However, if they go after someone and they prove compliant, I doubt they would backtrack just to make a case. You have to think, if they backtrack on a current compliant defendant, the case would be tough. They would fair better to just move on to someone that would be easy to prosecute.
Of course, that is just my opinion.
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