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.
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.
as far as i have seen (as a subscriber to c/piracy) there is no links to pirated content and they are very clear that that is not allowed
the vast majority of the discussion is on morals of piracy, anti piracy measures, etc etc
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.
Words are empty, offers are void in Nebraska. You already took steps against people who simply mostly discuss piracy. What concrete steps can you take now to show that you’d actually unblock “as soon as we know”?
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.
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.
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.
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 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.
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.
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.
Soo ultimately you personally will be the only person determining what people can and can’t see, based on your perception alone. You don’t like something, you’ll ban it. You worry about something, you’ll ban it. And there won’t be a trace without you saying “we banned something”. Which means there are no checks at all to you powertripping in the future. How is this supposed to be free, open and general then? This is even worse than reddit was.
It’s their house, you’re just visiting. If they are concerned, there’s no one else to help. If they get in trouble, will you be stepping in to help them? No.
Once you start hosting an instance that has open registration, it’s not just “their house” anymore. They are providing a service to people. They do so willingly. Arbitrairly blocking instances because you don’t know how something works and don’t bother to check it isn’t the way to host a free and open instance.
Nah, their box, their responsibility, their rules. They could shut it off tomorrow, ban people randomly, change what posts are allowed, federate as they choose. We can’t do shit, and that’s fine cause we can each make our own instance or join another
Edit Any assumption you have durable rights or privileges is just untrue.
Yes, they offer access willingly, as in “at their will”
Edit would a downvoter be able to refute me? Are we in some sort of contracted relationship with instance admins?
They CAN do all of those things but people would be right to critique them for it. Freedom isn’t freedom from criticism or complaint. Furthermore they want this to be a functional community as much as their users do which is why this discussion even exists.
That doesn’t refute anything I said. Their house, their rules.
You can criticize mom for setting a bedtime, but you must go to bed.
You fucking donkey, did you read their comment before you replied to it? They aren’t doing it just because they want to; there are legal implications.
There really aren’t. Talking about piracy is allowed in Europe. Sharing stuff isn’t. This is a kneejerk reaction. Also, please don’t talk to people that way.
I will talk to rude people that harass the admins of a free service that way.
Well by your logic maybe you should go kiss Reddit’s ass then if you feel that way, they’re hosting a free service and people criticize their decisions and reactivity.
The fact that we fund this place with donations gives us all the more right to criticize them for it. Are you also going to attack people for ceasing their donations because after this I’ll never donate another cent to them ever again, and I encourage anyone else reading this to do the same.
Feel free to leave if this is how you talk to people
Feel free to contractually agree to pay all their legal fees, in that case.
There won’t be any legal fees since the communities being talked about are allowed in the EU. Other people have made the same point already, but if you are scared of litigation, then you can’t host a forum at all. There is always a place where your forum breaks rules. I.e. no disparaging Putin in Russia. Making fun of the twitter CEO is more likely to get you a lawsuit than any of the communities mentioned, yet it is allowed. Also, it never is a straight up instantenous lawsuit. It always starts with communication saying “don’t do that anymore please”. Once you reject, then a lawsuit is viable and not frivolous. So you can wait till that happens and then block those communities, once a company actually complains. Not when you think that maybe somewhere in the future something might happen or maybe not.
Truth is, lemmy is small fries. It will be that for a long time with the issues it has. Nobody cares about a tiny community hidden way deep inside.
It’s so nice to see so many lawyers in this thread offering their legal counsel…it makes me feel very safe when I start hosting piracychat.doodad next week. I’m assuming they will all be willing to defend me if I do get sued since they are so sure I won’t. 😃
What needs to happen for you to be confident you won’t get in legal trouble, and thus unblock them? Change on the db0 side? Lemmy.world admins getting legal representation/advice? Something else? I’m curious how you all see this playing it out in the future.
Highly doubt there’s anything db0 can do. lemmy.world is in Europe, piracy has hefty legal ramifications.
Like you could argue that it isn’t piracy all you want, but if faced with the possibility of your hobby landing you decades in prison and millions in debt, would you do it?
Just create an account at db0, this really isn’t the big deal people make it out to be.
It would be preferable if you would lie less. Evil pirate uploads potentially_infringing.mp3 to to filehost. Filehost actually serves potentially_infringing.mp3, a community on db0 hosts a link to potentially_infringing.mp3, lemmy.world caches locally a copy of data from db0. Of those the one guy directly uploading the information is at risk of an extremely unlikely single digit thousands of dollars.
Nobody not even evil pirate himself is at risk of decades in prison or millions in debt. Companies responsibility basically ends at taking stuff down when specifically notified of infringing content.
The great thing is, now you’re 100% empowered to move forward and host the responsibility yourself. Demanding volunteers shoulder potential liability (when you yourself admit you can’t understand how there’s any in the first place) is juvenile.
The moment a volunteer is hit with a DMCA notice or any threat of legal action, you think they have any interest in going through the court system? You can do it first.
I think you don’t understand what a DMCA notice actually is. The whole point of it is to give you a chance to remove offending content. The “threat” of legal action won’t actually result in anything, provided you comply, and that is exactly why I do not understand the preemptive actions, when there is basically no such thing as immediate legal threat in case of DMCA notices. The copyright holders often do not want to go through the court system either and will gladly accept pre-legal-action compliance.
I think you don’t understand what a DMCA notice actually is. The whole point of it is to give you a chance to remove offending content.
it really isn’t, the whole point is to streamline the capability for copyright holders to remove content they think they have rights to, without a lengthy court cases. it’s still a lot of overhead for any service to manage and also still opens you up to legal action.
From DMCA.com:
The document stipulates the content that has been stolen and republished without permission with a request for removal. It must be created and submitted in a specific manner so as to comply with the law. Failure to do so means the “notice” to remove the content will not be followed by any party involved in the infringement.
In exchange for the immediate removal of the content the publisher receives safe harbor from litigation regarding the illegal publication of copyrighted content.
Yes those are the words defining the initial safe harbor agreement well done.
I’m talking about in practice and how the dmca has actually been used. Why do you think companies like youtube entirely sidestep the dmca? They do it because the dmca is a huge drain on resources and still opens you up to litigation if you make any mistakes (like not working on the weekends for your volunteered lemmy instance that suddenly got 10,000 dmca requests from Sony pictures)
You’re fighting a famous “intent warrior” you can’t win. They exist only in their own head where they can’t lose and don’t have an idea how things really work…
It doesn’t really have anything to do with DMCA (a US law). Lemmy world is hosted in Germany which is even harsher on copyright than the US with much stricter penalties.
The world doesn’t revolve around the US.
It does have a lot with DMCA. Maybe not specifically the DMCA, but all the relevant regulations all around the world that are equivalent to DMCA because of copyright treaties. And yes, while you are right about Germany being more dangerous in terms of piracy (mainly because of copyright trolls), the relevant authority handling the case could very well be the USA court system.
The power of the panopticon lies not in being able to see and punish all deviant activity, but to encourage self-correction in all potential deviants who must always assume they are being watched.
Uh, @lwadmin@lemmy.world … what’s up with the banning going on in this thread? I noticed on a.lemmy.org that someone was labeled “banned” and their comment was simply “Ight, I’m out”
The mod note was “Let us help you”.
There are more similarly weak (spiteful?) bans that certainly don’t seem to be at a standard for a ban. “Litterally 1984” was another one. Is that all it takes to be banned here?
Edit: Many (all?) the users I referenced as banned are now unbanned from the site, but now banned from this community.
I hope that this demonstrates to people that the oppressive reddit behaviour is not confined to special individuals (such running major social media sites), but is a systematic occurance in online forums. Simply switching from one toxically moderated space to another is not a solution. But this is where the strength of ActivityPub/fediverse lies: we are able to leave for another server while still using the same fundamental service and being able to interact with the same content as before. I would recommend startrek.website as a new or second home for those who wish to migrate.
I’m probably being overly cynical, but I have a pretty unflattering option of volunteer moderators and the type of people that seek out such seemingly thankless positions-- and their motivations for doing so. I know this might seem-- bizarre-- considering where I am posting this, but I think it nonetheless.
I like lemmy because there’s a modlog to see these things. I do not believe that these users would be unbanned if it hadn’t been noticed in the modlog. And it appears they’re unbanned from the sitewide ban, but still banned in the community. Not sure what sense that makes.
If your instance gets big enough, you’ll also have to deal with petty tyrants seeking out positions of petty power.
Just wondering and looking at the mod log for one admin and maybe I am crazy but are they unbanning and rebaning users? (Keep in mind it goes new on top):
- admin Banned @snake from the community Lemmy.world Announcements reason: troll
- admin Unbanned @snake
- admin Banned @soviettaters from the community Lemmy.world Announcements reason: Troll
- admin Unbanned @soviettaters
- admin Unbanned @ilfi
- admin Removed Comment Spineless pieces of shit. by @sused reason: toxic
- admin Banned @sused reason: Bye
- admin Banned@ilfi reason: Inactive account comes back to troll. Bye
They’re unbanning them from a sitewide ban and then immediately banning them from the lemmyworld community.
I think some of this instance’s admins are not onboard with the rest. Too many cooks in the kitchen.
Well the radio silence on it sure seems like they’re circling the wagons to protect an admin that clearly isn’t emotionally mature enough to be in such a position.
The next Reddit/Lemmy is going to be ran by AI lol, us humans are too easily corrupted by power
Yeahhhh, please leave reddit (they still run ads there for this instance) for lemmy.
I guess they wanted people to feel at home?
Reading all these comments it’s clear that a lot of people have unrealistic ideas regarding what Lemmy and the Fediverse are supposed to be (or maybe it’s me with weird ideas).
The Fediverse is just a bunch of apps that can all communicate with each other through a shared protocol. There is no requirement for them to be free speech platforms or host everything. The whole purpose of defederation supports the idea that instances are free to associate or disassociate with whichever instances they want. Furthermore, nearly every guide I read on joining Lemmy state that you should choose instances to join based on shared ideals/beliefs.
For everyone saying “I’m leaving lemmy.world” I say “Good. That’s what you’re supposed to do.” When the instance you join no longer aligns with what you want, you go to another instance and then you’ll be back to viewing all the communities you want to see. That is what the Fediverse is all about and how it’s designed.
This sort for reminds me of a Sybil attack.
I think it’s a good idea for everyone to register at an obscure Lemmy instance. If everyone’s on lemmy.world, it isn’t truly federated.
Reddit allows piracy communities. These Lemmy communities aren’t hosted on your servers. That’s the whole thing - dbzer0.com and lemmy.ml are taking the risks, though there probably aren’t many risks in the first place.
Lovely this happened because someone complained after being banned from the piracy instance for being a transphobic asshole.
Not sure why people are downvoting you, since that’s exactly what happened. It’s Bungiefan_ak, a troll that admins are playing wackamole with, as the person keeps appearing on new instances and pulling the same shit.
I don’t understand why people are upset even a little about this. This is a prefect advert for the fediverse. If you are not completely happy with an instance(which can never realistically happen) then you just host your own or have multiple accounts. Apps have this built in and easily accessible. Why do people want to concentrate everything they want into one instance? What if that instance goes down? This should not be hated or applauded… just ignored as the way the fediverse should work. Don’t get too attached to any single instance.
I can still access r piracy on Reddit, i thought lemmy.world had more freedom of speech than corporate sellouts. 💀
I think a this is a bigger issue then just .worlds stance on piracy. Lemmy.world has put it self forward as the “front page of lemmy” but has now also removed one of the largest community using lemmy. And did so with no input on a discord server (not on any instance). This front page status was already shakey with all the down time and clunk. This seems like maybe not the best side to show new users.
This is why Lemmy won’t grow, a lot of instances are forcing their users to create another account on other instances, this was my third account due to the blocking of some instances like this…
Looks like we finally found the part of lemmy.ml that this site is comfortable with blocking.
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QQ: Have there been other communities removed and was it communicated?
I have just realized that c/Shrooms has been banned too, but I cannot find a statement regarding this particular ban.
Are or will there be more bans? I am not asking to complain about it or make remarks about which the decision is correct to me or not, but rather point out the lack of communication or unfortunate communication.
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Even if we look past the issue that all of this was in response to a 10h troll account, there was no cease and desist, no threat of a lawsuit, nothing credible AT ALL.
Let’s ignore all of that and say there was, it still means this instance is completely ill equipped to provide any sort of resistance, to something trivial.
It’s like it’s hosted in the middle of Illinois, by John Frank, at 3125 maple lane… Zero layers of protection.
That is awful and means no meaningful discussion can ever happen here. Nevermind piracy, what if people want to criticize the government? Or public figures?
If this instance can’t fight a fake troll it can’t fight and protect anything.
Which means we need to pool resources and fund instances that can and will fight back.
And yes that means fundraising to build up a defense fund and hosting outside the US etc.
Oh no. Wtf. Do you know what’s funny? I actually joined this instance from piracy subreddit.
I guess it’s time to leave.
Same here. Guess I’ve got to go to a new instance.
that’s the magic of the fediverse ;)
