this post was submitted on 15 Aug 2023
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Lemmy.World Announcements

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Earlier, after review, we blocked and removed several communities that were providing assistance to access copyrighted/pirated material, which is currently not allowed per Rule #1 of our Code of Conduct. The communities that were removed due to this decision were:

We took this action to protect lemmy.world, lemmy.world's users, and lemmy.world staff as the material posted in those communities could be problematic for us, because of potential legal issues around copyrighted material and services that provide access to or assistance in obtaining it.

This decision is about liability and does not mean we are otherwise hostile to any of these communities or their users. As the Lemmyverse grows and instances get big, precautions may happen. We will keep monitoring the situation closely, and if in the future we deem it safe, we would gladly reallow these communities.

The discussions that have happened in various threads on Lemmy make it very clear that removing the communites before we announced our intent to remove them is not the level of transparency the community expects, and that as stewards of this community we need to be extremely transparent before we do this again in the future as well as make sure that we get feedback around what the planned changes are, because lemmy.world is yours as much as it is ours.

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[–] [email protected] 27 points 1 year ago (32 children)

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.

[–] [email protected] 1 points 1 year ago (19 children)

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.

[–] [email protected] 0 points 1 year ago (2 children)

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.

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

Well, caching content is not the same as copying it.

A cache is literally a local copy.

Fighting legal challenges requires lawyers, even if you are in the right. Lawyers are crazy expensive.

[–] [email protected] 1 points 1 year ago

Unless I’m missing something, you don’t need a lawyer to take down a post that you’ve received a DMCA removal request on.

[–] [email protected] 0 points 1 year ago (1 children)

Something that’s 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.

[–] [email protected] -1 points 1 year ago (1 children)

Better defederate from all instances then.

[–] [email protected] 1 points 1 year ago

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.

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