this post was submitted on 30 Sep 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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I’m curious what the takedown requests were citing, those communities don’t really host pirated material, they just share links and info.
Not sure if DMCA requests matter to a server hosted in Germany, though.
Also, as they mentioned, their admins were overworked as is and probably just needed time to go through the requests to see that they’re all bullshit.
There are international agreements about copyright law designed specifically that prevent the loophole you're thinking of.
https://en.m.wikipedia.org/wiki/WIPO_Copyright_Treaty#:~:text=and%20knowledge%20industry.-,Implementation,behalf%20of%20the%20European%20Community.
They do, unfortunately
Only if they are legal requests, which in the case of a request to ban discussion, isn't.
(And that is why one usually has a legal canary and a policy to publish any and all DMCA requests received, as I've seen some orgs do. Helps put the trolls on the spotlight and quickly detect unlawful usage)
The team could have perfectly asnwered by not doing anything at all, waiting a day or two to file a counternotice. Unfortunately the system is stacked in favour of the big pharmas of media, but it's not like there is nothing that can be done.
It's not that simple. A lot of the times these DMCAs are not sent to your instance email, they're sent to your provider's and they don't give a fuck. They will tell you, "remove it, or we take down your whole server and all data in it". You can send a DMCA counternotice sometimes, but eventually if you get enough bogus DMCAs, some providers just terminate your service anyway due to their hassle. It's fucked up and the reason why lemmy.dbzer0.com had to change providers to someone more hostile to bogus-DMCAs.
There weren't any, it was just a troll account that asked admins at a bunch of different Lemmy instances to block anything related to piracy. Lemmy.world admins took the bait. Even in the original announcement they never mentioned anything about dealing with tons of takedown requests. In other words they were blocking piracy related content preemptively before any takedowns occurred.
It's nice they walked back that decision but I'm still not going to create an account there.
Lemmy.world has a bad habit of acting preemptively first and asking questions later.
Considering the Fediverse is new territory, legally speaking, I can sympathize with a bit of extra caution from instance hosts who don't have a team of lawyers backing them up.
Thanks for your insight, you obviously know what you are talking about. Can I have your sources on this please?
The companies don't care if they have legal grounds. The threat of legal fees are enough to make most places comply