this post was submitted on 15 Aug 2023
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Is that the bar you use? If I post a link to some infringing content in this thread, should this community be banned?
Would you like to reconsider this stance?
My point, which you seem to have gleefully glossed over is that those communities were made specifically to partake in illegal activities. If you share links to piracy elsewhere, your comments will get deleted and you'll likely be banned.
I can't help but point out that downloading isn't even illegal everywhere. Should they likewise ban communities around marijuana or, I dunno, loud cars?
And yes, that's exactly how it should work. Specific instances of rule violations should be dealt with, and if (and only if) it continues to be a problem because the piracy mods aren't doing their job, then blocking makes sense. The LW admins did this all backward.
That's not how any of this works, you'd think someone so interested in piracy might be a bit more technically competent regarding how the fediverse runs.
Each instance pulls data from every federated instance and every unblocked community in those federated instances. This means that any data that is hosted in those communities ends up being hosted by every linked instance.
If an instance in run in the US for example, there's nothing stopping the media companies from going after the instance owner for spreading access pirated material even if they don't explicitly host it because the data is on their instance.
The piracy instances can get away with this because they are hosted and moderated in accordance to the laws of the country they are hosted in which may not be congruent with the laws where other instances are hosted.
No big government or corporation is likely to come after an American hosted site for weed, or cars, because those things are socially and legally accessible in that country, but pirated media isn't.
Not to mention that none of these instances have massive funding and even frivolous lawsuits could shut them down.
What led you to believe I'm interested in piracy? Double check your assumptions. I'm interested in rational moderation and intellectual property laws.
The law is pretty much settled on this, there is no real danger of some surprise lawsuit; that's not how the copyright system has worked for decades, now. They'll get a notice first, for a specific instance of copyright infringement, and they'll take it down. If that really is their concern (and I do not believe it is really their concern) then it's unfounded and they can unblock these communities as they suggest they will do in the post.
And to be clear, there was no given example of these communities not adhering to their own rule of not linking to infringing material. So the "omg it's cached here" argument is weak even if copyright holder behaved as you are imagining, which they do not.
I don't know what this means. Do you mind elaborating or rephrasing?
What makes you think any of these individual instance owners have the legal representation to provide them locally relevant legal information? Let alone the money to play fuck around and find out with the abusive media companies?
Caching is an automatic function and very likely not considered infringement in this scenario, no more than the copy your computer makes for images on websites is copyright infringement.
I can't help notice that you ignored the point about how there hasn't actually been any evidence of linking infringing content from those communities. Without that, the ins and outs of whether caching would be considered copyright infringement is putting the cart before the horse.
Additionally, a simple takedown request would be the first step, so even if all your incorrect assumptions were true, it still wouldn't result in any negative outcome for LW or its admin staff.
Edit: I do appreciate the edit, but I'm leaving my comment as is.