3 ms·

The source page you cited, i.e the law, explicitly says the text you quoted applies to only producers and does not apply to distributors like OF.

TZubiri 2y ago
The definitions in the law "(2)the term “produces”— (A)means— (i)actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; " (ii)digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or (iii)inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content,[1] of a computer site or service that contains a visual depiction of, sexually explicit conduct; and (B)does not include activities that are limited to— (i)photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; (ii)distribution; (iii)any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; (iv)the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or (v)the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication; and" The actual arguments would be lengthy for both parties, OF would want to be categorized as a distributor or ISP, which are in the NOT category. I would argue, and the plaintiff would, that they are publishers. The commercial intentions are mentioned, which was dismissed as irrelevant in the case.

TZubiri 2y ago

The definitions in the law "(2)the term “produces”— (A)means— (i)actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; " (ii)digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or (iii)inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content,[1] of a computer site or service that contains a visual depiction of, sexually explicit conduct; and (B)does not include activities that are limited to— (i)photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; (ii)distribution; (iii)any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; (iv)the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or (v)the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication; and" The actual arguments would be lengthy for both parties, OF would want to be categorized as a distributor or ISP, which are in the NOT category. I would argue, and the plaintiff would, that they are publishers. The commercial intentions are mentioned, which was dismissed as irrelevant in the case.