this post was submitted on 15 Aug 2023
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That is not persuasive to me really that they would have liability. But ultimately i donβt have to be convinced of anything. Its the instance owner to do as they wish. I think its the wrong call, and premature in the extreme. So do a lot of users. So if this is their decision then it will just come with disappointed posts and down votes and a little less engagement is all.
Let's take the inflammatory subject solely to make a point.
If someone posted CP to [email protected], that content is then immediately copied to every instance that has at least one subscriber to [email protected]. It now appears on NEW of the community and the front page of every single one of those instances. It's not a link to the content, it's the actual content, hosted on every single once of those instances.
You not convinced there's the potential for liability for every single one of those instances and their admins?
No.
Not sure which part of that law you're going with but I appreciate the arrogance of quoting US law as a silver bullet on a global platform in a thread started on a server in Germany.
All the people here comparing CSAM and Piracy clearly don't understand how severe CSAM is compared to piracy, that or they're making an obvious strawman to attempt to derail the conversation because they can't actually make any good arguments.
Here's the short version because I've already explained the difference:
CSAM is sexual material depicting children, it is one of the most disgusting and heinous crimes there are.
Piracy is Copyright infringement and is typically a civil matter, in some cases it may turn criminal but is not and cannot be compared to CSAM material in terms of severity, and attempting to do so is dishonest and disgusting (it shows you lack understanding of the severity of CSAM as a crime).
Also FYI I said it earlier in another thread but dbzer0 doesn't allow links or content to be hosted there which renders the whole content federation argument dead in the water since there is no links to pirated material or hosted pirated material that would get copied over here though activitypub Read their rules or shut up, any continued arguments about the content federation problem are either based on lies or hypothetical scenarios that aren't happening and thus aren't relevant.
You're missing the forest through the trees if your take is that anyone is directly comparing the severity of these two issues. The point is that any instance owner that doesn't have the proper framework in place to mount a legal argument or defense is in a highly vulnerable position regardless of the content.
Being in the right doesn't matter if you can't afford the price tag associated with proving it. Just responding to a subpoena or a lawsuit has a non-zero cost associated with it.