this post was submitted on 15 Aug 2023
-925 points (32.7% liked)
Lemmy.World Announcements
29044 readers
3 users here now
This Community is intended for posts about the Lemmy.world server by the admins.
Follow us for server news π
Outages π₯
https://status.lemmy.world
For support with issues at Lemmy.world, go to the Lemmy.world Support community.
Support e-mail
Any support requests are best sent to info@lemmy.world e-mail.
Report contact
- DM https://lemmy.world/u/lwreport
- Email report@lemmy.world (PGP Supported)
Donations π
If you would like to make a donation to support the cost of running this platform, please do so at the following donation URLs.
If you can, please use / switch to Ko-Fi, it has the lowest fees for us
Join the team
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
These communities are not even hosted on lemmy.world, this is an absurdly overreacted response. There were no signs of any legal trouble and I can't understand how lemmy.world specifically would be the target of such legal action. If you want to host an instance, you should do everything in your power to allow discussions on any topic, while in necessary cases disallowing direct posting/linking of illegal content. Instead, you chose to block a community that has long been known to avoid having any trouble with the moderators.
Doesn't matter if they are hosted here or not. The way federation works is that threads on different instances are cached locally.
We have NO issues with the people at db0 - we are just looking out for ourselves in a 'better safe than sorry' fashion while we find out more. As mentioned in the OP we would like to unblock as soon as we know we can not get in any legal trouble.
Well, caching content is not the same as copying it. The major difference in the court would be that caching is automatic - and as such you are not in complete responsibility of what it is you copied. If you do everything in your power to comply with any DMCA notices, then I couldn't realistically see lemmy.world being targeted. This is an analogous situation to eg. accidentally opening a website containing illegal content. Sure, your computer did download the contents to the RAM, but what matters is that you acted in good faith and did not attempt to get the contents, it just happened in the process of browsing the web and as such you could not reasonably expect to receive such content.
In a world where Quad9 is in the middle of a giant lawsuit over simply serving DNS records, I canβt blame anybody for being extra cautious.
A cache is literally a local copy.
Fighting legal challenges requires lawyers, even if you are in the right. Lawyers are crazy expensive.
Unless Iβm missing something, you donβt need a lawyer to take down a post that youβve received a DMCA removal request on.
You do if you get sued because you missed something. It's not like lemmy world can moderate every post from every server. Any single user can get any federated community's content pulled locally just by subscribing.
The law in the US is that you aren't responsible for what your users post unless you are specifically legally notified and furthermore the communities at issue don't host links to infringing content they host discussions on the topic
So by that logic, .world should defederate from all other instances, just to be safe?
Something thatβs getting lost in this conversation is the nature of the infringement and what that means to the copyright holder. Memes could be considered a form of infringement, however in practice they often serve as free publicity. The intent is not to deprive the copyright holder of revenue, but use the medium to express themselves. Exposure increases, and so does the likelihood of revenue from the conversion of new fans.
This changes with public conversations of piracy, because the nature of those conversations drift into how to deprive and evade the copyright holder by providing users just enough information to find pirated content. From a legal standpoint this can be used to prove aiding and abetting, a crime that be considered equal or an accessory to depending on the jurisdiction.
The admins are aware of how Lemmy's content caching works, and now publicly acknowledge the existence of their federation with dbzer0; whose piracy communities are its strongest asset. Any defense of ignorance is out the door. Without banning the communities LW becomes an accessory if dbzer0 becomes liable, as would any other instance who caches dbzer0's c/piracy.
To those who still disagree, that's fine. Open your password manager, make some new accounts on other instances, enjoy the lemmyverse. But you have to agree that it is unreasonable to demand you hold the evidence of my crimes because it would inconvenience me otherwise.
Memes are protected under fair use doctrine as satire. Most places, IANAL.
So is discussion on the topic of piracy that doesn't include actual links to content.
I am aware. My point is more to do with how the copyright holder perceives the actions of the individual(s). If the copyright holder feels the work brings more attention to their IP in a way can be converted into sales then they are less inclined to take legal action; even if some in the community may be openly pirating. Some however miss these opportunities thinking its just another instance of unlicensed usage.
Better defederate from all instances then.
Better to create your own instance then.
It's about reducing risk not eradicating it and there's a huge difference in risk in being targeted for legal action due to hosting c/piracy (via caching/mirroring) than from a single piracy post in c/hellokitty.
Complacency isn't a legitimate defense against criminal activity and corporations are extremely litigious over piracy. Would you rather lemmy.world spend all their money on fighting lawsuits, or building a better instance?
Any community that is creating questionable content should create their own instance and not seek open federation with the entire fediverse. That kind of behavior is reckless and counterproductive to what we're trying to do here.