Tube sites do not need to keep 2257 docs ?
 

The law seems to imply if you are giving away the videos for free you don't need to keep 2257

(a) Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which?
(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.

I believe it is because they don't know what their users are uploading. :)

Yup for some reason government wont pursue 2257 compliance. If they did tubes would be fuckin devastated. I have said this many times, no one gives a shit.

exempt, too hard to police.

Me too ....

Tubes are "secondary producers" and that was the part of 2257 that got canned.

But thanks for making an issue out of a dead horse that most people already
understood.

Yeeha.

tubes are not secondary producers

tube sites are considered the same as a web host

the users that upload are responsible for the 2257 docs

just like you are responsible for what you upload to your website (if you run a paysite for example) your host is not responsible

Thanks for making more shit up that ain't true.

:1orglaugh

Like most tubesites didn't start with uploading their own, but stolen, videos.

.

everything on the internet is considered "interstate commerce" as is pretty much everything in America. The interstate commerce clause is how Congress justifies passing federal laws that cover the whole US, since they are limited to only certain enumerated powers. This doesn't imply that giving videos away isn't commerce, in jurisprudence it almost certainly is.
*not legal advice*

Every single video that appears on a tubesite should have 2257 information before the clip plays or shown on the 2257 compliance notice page. TECHNICALLY.
Just like it is required of videos and other media materials in commerce. If not listed the producer is in violation and the tube site operator runs a risk in the event that the materials may not be legal for example CP.

It is a requirement only because authorities may need the information available to them in the event of an investigation. If its not on the tube site by some method they are in violation.

Technically speaking.

But like I said no one gives a shit.
I am not a lawyer but I have talked to a few about this in the past.

Perhaps down the road the government is just waiting for them to be worth pursuing and thats when the shit will hit the fan. Thats the day government get's its money after letting them get fat and worth sucking down the drain for a payoff.

Look how the government let the financial industry hang itself, now they are going after individuals and taking there money and locking them up.

Any guesses on enforcement?

doesn't appear that way.
seems that not everyone feels the way you assume they do..:2 cents:

I have sent DMCA letters to many tubes who steal my content.
These tube sites do NOT have my permission to post my content and they DO NOT have 2257 records of the talent in the content they steal without my permission.

Therefore they are getting away with violating Federal laws as the OP pointed out.

without reading any of that.... user submitted to a tube site, tube site doesn't need 2257 just like a dating site that has members post nude pictures of themselves or users on a forum. If the tube site puts the content up itself then it would need 2257.

Well, I guess I will take off and retire my GFY lawyer hat then.

:)

Most of them are probably not in the US anyway so they don't care about 2257 and whatever other US laws

ya right! try uploading a chick sucking off a horse to Pornhub and see if it gets displayed.

if that's the case then anyone could have a tube site with 16 year olds getting railed and just claim that they didn't upload it and didn't have any clue it was on their site(server).

Correct.

There is more to it then that though but sums up decently.

Underage content is illegal with or without a 2257 requirement.

What planet are you living on that enabled you to draw that out of bounds conclusion?

:helpme

:2 cents:

Agreed, the US Government never really enforced 2257.

2257 (h) (2) (B) (v)
230 (c) (2) (A)
Its really not this hard to understand.

Exactly. They even non 3rd or 4th produces either. They just pirate hosts for any kind of porn including illegal one. :2 cents:

lol, how would they know the girls are underage or not if they can't verify 2257? that's the purpose of 2257.

have you ever seen some 18 year old asian chicks? they look 14, but in a court of law it's not what you know, it's what you can prove.

so, let's say someone uploads a scene with underage girl in it to a tube. who's responsible for verifying age?

If they did enforce this on tubes they would simply move the sites to non US servers as 2257 means nothing in other countries

DMCA is protecting them. Or at least that's what they say.

Tube sites should be shut down!