On Fri, May 21, 2010 at 5:54 PM, <wjhonson(a)aol.com> wrote:
The foundation does not "own and operate" the site in the way that Fox
news owns and operates their site.
The foundation merely ensures that the site operates, functions, runs.
It does not edit the contents of the site. That is the fundamental flaw in
this argument.
I really doubt that we are "promoting" the Foundation. I think we are
"promoting" (if anything) the contents of the site, which contents are
created, edited, loaded by the community. It is the uploader who is
responsible for any legal issue regarding what they have uploaded. Not the
foundation.
That is how the Wikimedia sites differ from a typical site.
In the same way, Facebook is not legally responsible for some member
uploaded nude pictures of their ex-boyfriend to their page.
The user doing the uploading is responsible.
Actually, it's not only the uploaders that have 18 USC 2257(A) record
keeping requirements, *anybody* who "inserts on a computer site or service a
digital image of, or otherwise manages the sexually explicit content of a
computer site or service that contains a visual depiction of, an actual
human being engaged in actual or simulated sexually explicit conduct"
*or *"produces,
assembles, manufactures, publishes, duplicates, reproduces, or reissues a
book,
magazine, periodical, film, videotape, or digitally- or computer-manipulated
image, picture, or other matter intended for commercial
distribution" becomes a "secondary
producer<http://en.wikipedia.org/wiki/Child_Protection_and_Obscenity_Enf…
and is subject to 18 USC 2257(A) record keeping
requirements.[1]<http://www.justice.gov/criminal/optf/guide/2257complian…
Violations of 2257 are punishable by up to five years in federal prison for
a first offense and ten years for subsequent offenses. Violations of 2257A
are punishable by up to one year in federal
prison.[2]<http://ilt.eff.org/index.php/2257_Reporting_Requirements>
Hosting these images without 18 USC 2257(A) records, in my opinion, is a *
no-win* situation for everyone involved.