Lemmy NSFW

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Server migration (finished) (lemmynsfw.com)

submitted 1 year ago* (last edited 1 year ago) by [email protected] to c/[email protected]

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An ex-admin to whom we have given access to the server, has reported us to the server provider. Also we were already planning to migrate somewhere else. So right now we're moving to a more secure server.

I'll try to make a smooth transition. Any interaction (post, comment, like etc.) after 11AM (CET) will be deleted, but the site will not be down during migration. It will be an estimated 1 hour process.

Update: its done. Hopefully without problems. If you see this, you are on the new server.

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[–] [email protected] 7 points 1 year ago (2 children)

Are you sure? I thought infringing pornographic. Anyways doesn't matter anymore.

[–] Garzak 5 points 1 year ago (1 children)

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.

[–] [email protected] 3 points 1 year ago (1 children)

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?

[–] Garzak 2 points 1 year ago

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.

[–] [email protected] 0 points 1 year ago (1 children)

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?

[–] 2c5VzepjQ4W7chLhE2Wv 2 points 1 year ago (1 children)

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.

[–] [email protected] 0 points 1 year ago (1 children)

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?

[–] 2c5VzepjQ4W7chLhE2Wv 1 points 1 year ago

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.