this post was submitted on 06 Jul 2023
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Lemmy NSFW
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I don’t understand the problem, does the server provider refuse to host NSFW content ?
Lots of hosts aren't allowing porn on their servers. Even if everything is legal. It's not worth the risk for them.
Not strictly but I guess its dangerous. It was on Hetzner.
NSFW Content is strictly against Hetzner's ToS
Are you sure? I thought infringing pornographic. Anyways doesn't matter anymore.
I understand the same as you: "It's not ok to host infringing material, including infringing pornographic content". So in my understanding, as long as it's original content, it should be ok.
Would this also include gambling materials? something else mentioned in the same section. Is that okay so long as it's original digital poker chips?
I don't have a legal background, here's how I understand it.
The key element of the section is "applicable law". You can ignore everything after the first sentence, it's just examples of things that might be banned by applicable law. (it also states "not limited to", so we could argue that under this section, anything can be banned)
All these things are ok, as long as they do not violate applicable law. So digital chip or real chips are okay, as long as the user accessing it is from a region where the applicable law does not ban it. A list of abortion clinics is ok, as long as the user accessing it is not from a state or country banning it.
This entire section is just a legal shield so that they cannot be held responsible for the type of content you host. They just shift the legal responsibility towards the server admin.
Again, it's just how I understand it. It would be cool if someone with a legal background could show up here and clarify it for us.
I just sent a screenshot of their ToS, and you are being forced to move hosts after 1 complaint. How is this somehow not enough evidence for you?
The screenshot you posted says that the provision against hosting copyrighted content without permission includes pornography, not that pornography itself is against the terms.
And it sounds like the move is a precaution being taken because of a disgruntled ex-admin, not by force.
Yes and in the exact same section right after pornography they also mention "content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties". Does this mean it's okay to post gambling content so long as the digital poker chips are original? What about content that offends common decency? Is that okay so long as it's original content that offends common decency?
It depends. The provision is against infringing on the rights of others or otherwise violating the law, which those things may or may not do. Porn and online gambling are both legal (albeit regulated) in Germany, where Hetzner is based. Hetzner sucks anyways though so they don’t have my sympathies.
so we're replicating deleted conversation right? 😀
not strictly but dangerously.