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IFTAS release a guide to help instance admins comply with the Digital Services Act (about.iftas.org)

submitted 7 months ago by [email protected] to c/[email protected]

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[–] [email protected] 3 points 7 months ago (1 children)

I was having a conversation elsewhere about funkywhale being used to share copyright protected content and in that conversation I ended up reading about the US DMCA Safe Harbor's requirements.

It requires you to have a designated person with their name registered with the copyright office to be considered a safe harbor.

https://copyrightalliance.org/education/copyright-law-explained/the-digital-millennium-copyright-act-dmca/dmca-safe-harbor/

designating agents to receive takedown notices from copyright owners and recording those designated agents with the U.S. Copyright Office;

This is enough for me to never want ro host my own instance of any fediverse software. I can't imagine this is being done by every lemmy instance.

Is there something that makes it so this requirement isn't important for lemmy?

[–] [email protected] 1 points 7 months ago* (last edited 7 months ago) (1 children)

I've seen nothing in the requirements that say that the designated person has to be reachable. If I had to set a fediverse instance of something, I'd just set the mailer inbox to /dev/null or smth to save storage. Or just subject the corpos to the same treatment they subject normal citizens,

Dear sender. Your request has been added to our queue for review - might not want a malintentioned party get through safety procedures, wouldn't we? We know you understand us better than anyone. You may get a reply in a period from 48 to 72 days, our staff is very busy but we certainly have you in our hearts. God bless America, Heil Trump, and we'll make the free software communists build the wall and pay for it! Cheers.

[–] [email protected] 1 points 7 months ago

There's definitely stuff in the rest of the law that addresses how effective your solution needs to be. So just ignoring requests will get you into trouble.

It also would be fraud to name a person who isn't real or isn't aware of being appointed or isn't actually doing anything in relation to the problem. You have to give their name and contact information to the copyright office.

It's fun to think we could stick it to the RIAA if they came knocking, but if you don't have the cash to back it up, you are going to lose that fight.