this post was submitted on 15 Aug 2023
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Based on the down votes and comments I think a lot of people could benefit from reading the whole post...
I read the whole post, understand the reasons and respect them. Ultimately piracy is one of the topics I'm here to read about, so these changes still make lemmy.world a less usable instance for me and I don't like that
I have a question. Let's say there's a piracy community on a different lemmy instance. I can still subscribe to it and interact with this lemmy world account, correct? Is there any difference at all between communities on your "home" instance versus external communities other than it showing as {community_name}@{lemmy_instance}?
Edit: oh I see, they actually banned access to the piracy community of a whole different instance too? That seems crazy?? I can understand removing piracy community from your own instance but what on earth is the rationale behind removing access to a whole different servers community?? I'm going to move now I've seen this.
Because in German jurisdiction, linking to illegal content can bring with it fines. It's ridiculous, but that's where we are, more specifically we have a lawyer who is insanely prolific at sending out legal threats and asking for ridiculous amounts of money for this.
And now the problem: Due to the way ActivityPub works, one instance "pulls" the links posted on another instance to itself. At that point,
lemmy.world
is hosting links to content XYZ, not the other instance. Hence they'd be legally actionable. And being the largest instance of lemmy, this is the one any lawyer firm wanting to make quick bucks or any music industry wanting to appear like they're doing anything worth all the money to their consitutents would go after this one, not any other instance.The protocol is a bit of a double-edged sword: Yes you're not hosting the content, but if links can be fined then those get pulled over essentially without you being able to do shit about it.
The problem is that these communities never linked to any form of illegal content. Itβs against their rules to do so. So no laws were being broken.
Then why the hell would you host anything instance in Germany?
Because you might be - and I know this can surprise some - a German?
Among other things it makes a lot of things easier. For example, assume you get sued for something with your server that you're hosting in, say, Sweden. Now you need a lawyer both in Germany and in Sweden (most likely, though one in Sweden might be enough depending on what is happening) to handle the case, as usually the swedish lawyer defending you will want to talk to legal representation of yours over where you live. Not exactly making it any better, is it?
Of course, you could host your server on some utterly remote place no one can viably take you to court, but then they could still sue you (personally, as the person running the place) in your home country anyways, so it's not like you get around anything this way.
Naive. First off there are many places with very good technical service where you won't have issue. And secondly there are ways to do it well. Do it through a firm, do it through a friend from there. There are options. I'm certain there are countries and firms where they are absolutely not obliged to tell some German lawyer who owns the domain.
I don't know if these people are Germans or not. But this site isn't hosted in Germany.