this post was submitted on 15 Aug 2023
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Why do you believe that Lemmy.World is in the United States?
Because they're making the default assumption that everything is either the USA or aspires to be the USA.
The DMCA has a provision on circumventing technical protection measures. It is illegal to break DRM. And it is illegal to "offer to the public, provide, or otherwise traffic in any technology... primarily designed or produced for the purpose of circumventing protection afforded by a technological measure"
Hosting discussions, or linking to anything that defeats any DRM scheme would have them offering that to the public. A lawsuit would likely cite the specific sections of the DMCA about circumvention.
The other thing to remember, is that you have to pay to have a lawyer defend you in court. Even if you're innocent. Even if they are 100% wrong, you have to have enough money to defend yourself. And a community hosted non-profit instance doesn't want that expense.
DMCA isnβt particularly relevant here though.
US lawmakers are much better at marketing than making laws. Hence the US's abundance of terrible laws with really memorable names.
The DMCA is the US's implementation of the terms of the WIPO Copyright Treaty. EU's implementation are EU Directives 91/250/EC, 96/9/EC and 2001/29/EC. Despite being less relevant to lemmy.world, DMCA rolls of the tongue a little nicer.
Good summary.
Shorter version: DMCA is a shitty law, beacuse it's not practical for individuals to exercise their rights under it.
Until we can get rid of the DMCA, copyright and freedom of the press is threatened.
Folks in this thread would be better served turning their anger on the DMCA and those that keep that unpopular bill in the law books.
Edit: DMCA doesn't apply to this server, I don't think. So nevermind. That's nice, at least.
The DMCA is the US's implementation of the WIPO Copyright Treaty. 110 countries have signed the treaty, and therefore have laws like the DMCA.
The EU has copyright directives which has the same effect. Lemmy.world is registered in the Netherlands. So it will be subject to the EU's implementations of the same laws.
Lemmy.world is based in the Netherlands, not the US. I don't know what the law is there.
lemmy world is hosted in Finland. the owner, ruud, is in the Netherlands
This is a good point, could anyone comment on the copyright law differences in Netherlands v. US? I think simplifying it for everyone might make it more palatable, otherwise people will continue speculating Lemmy World is overreacting.
https://www.hrpo.pitt.edu/european-union-eu-general-data-protection-regulation-gdpr#:~:text=What%20is%20the%20GDPR%3F,of%20individuals%20in%20the%20EEA.
Sorry, how is GDPR relevant here?
It applies where the server is located, which is in the EU.
Yes, but GDPR doesn't cover copyright - it covers personal/identifiable data. Unless I am very mistaken?