this post was submitted on 15 Aug 2023
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Yes, so illegal content will end up being stored on both servers. The thing is that the piracy communities don't allow illegal content to be stored or linked to for the same liability reasons.
Which has me wondering why these moves make sense at all. So many people are jumping to the defense of a knee-jerk reaction to a 10h old troll account. Why was that the admins' solution to a random post from a new account? Plus, pirate communities shared vast amounts of information and a lot of it is not directly related to piracy itself.
It's an elephant in the room. It's an unavoidable topic that will eventually need to be addressed at some point.
Its literally not. Piracy topics are all over the web.
Others have already pointed it out, but Reddit had to fight a subpoena to reveal users who discussed piracy on their site in 2011 and 2018. And just because everyone else is doing it is not a good argument to justify why this instance should expose themselves to an unnecessary risk.
So that tells me there is precedent for privacy?
No. It just means Reddit managed to argue for their specific case. And even then they had to spend resources that a Lemmy instance owner might not have.
Those communities aren't even on lemmy.world.
Any specific infringement material (by which I mean media) would only be on the user's home server. Links to content aren't what is actionable for a DMCA notice as far as I'm aware. And the DMCA does not require platforms to actively monitor or remove potentially infringing content, only to follow the takedown procedure when sent an appropriate notification. If they follow that then they are protected from liability. That's US law but IIRC the implementations in most of the rest of the world are similar if not the same. And here's the rub: even without those communities, LW will still need to have a DMCA agent and take action against content when notified because people can and will upload infringing media here on other communities.
They're not exposing themselves to additional risk by having the piracy communities unblocked. People can and will discuss piracy, in abstract terms at the very least, all over the place. And discussion of copyright infringement is not copyright infringement anyway. Any liability and risk they do hold they will still have to worry about now regardless.
Can you even upload things other than images to a Lemmy instance? I don't see the point in worrying about illegal files being shared on the system if the system doesn't support that kind of file sharing in the first place.