this post was submitted on 19 Oct 2023
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How does a TOS work with federation??? I have no intention of breaking rules to be clear, and I assume if I did I would just get banned? I'm just curious what the legal implications are.
I can see and interact with content on lemmy.world without ever visiting it, which feels like a grey area on the "accessing or using" part right at the beginning of the TOS. Maybe include a definition for what "accessing" is and can include in the context of the fediverse?
Then again it might not matter, idk.
The without ever visiting is the grey area. Federated instances provide the interface to the underlying instances, so yeah you kind of are "visiting" it if you interact. But you're right, the mods of any given instance that host the content source get to decide what happens after the fact.
But the other federated instance is essentially mirroring it. Another instances users are not using Lemmy.world directly, they are viewing mirrored content, and then if they reply, they are doing it elsewhere, and it is getting passed on to L.W.
How was this handled for Usenet? I think it was just assumed that if you were propagating Usenet Content, you knew that implied diversity positive and negative.
IANAL, but probably not, any more than reading and sending email on Gmail visits Hotmail or Proton or has to follow their terms of service. I'm using sopuli.xyz, all the content I interact comes from and goes to there, what it and lemmy.world do after that doesn't have anything to do with me.
Exactly, this TOS probably needs consideration for instance to instance interactions, and lemmy itself should probably have granular options for federation of everything, including mod actions. Federation options seem too course as they stand.
I get how this makes sense, but legally this seems clearly false. The end user is interacting purely with their own instance, its their instance that is pushing the content to LW servers. If we're putting on the big boy pants, we might want to make sure they're the right size. There probably needs to be actual legal consideration about all of this, with a particular look into the implications of federation.
Since we both know how federation works, and asking for a boost from an LW's community user ("posting to a Lemmy.world community") involves an active use of LW (does it?)... broadcasting up/down votes or boosts to LW, does also constitute "active use of lemmy.world", or doesn't constitute "access to and active use of lemmy.world"?
Can a federated user get banned for up/down voting or boosting the wrong content on LW? Can it be for interacting with wrong content hosted on a federated instance that actively forwards the interaction to LW because some other LW user happens to be subscribed to the federated community?
BTW, many legislations require an explicit acceptance of the Terms of Use as a "legal document", making that part either meaningless or illegal. How is it in the case of LW's "Kingdom of the Netherlands, and the Republic of Finland Suomen"?