this post was submitted on 04 Sep 2023
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Currently the process has been to request it in meta since I didnt think it would be common enough to flood out other meta posts and since its meta about the instance, ill check out burggit and report back with what will happen to it (whether that be defederation, purging specific communities, or nothing)
Update: I have defederated from burggit for two main reasons
I really appreciate the follow up on this, thanks for taking the time to look into it.
Not all that interested in defederation of the mentioned instance, but I'm curious about the DMCA justification. Do they have active requests they are ignoring, or is it just theoretical scenario for now?
What is the implication of this for future potential defederations. I don't expect instances in Russia and similar countries to care much for western DMCA requests.
Theoretical scenario so in the future we can't be hit by a giant wave of DMCA takedown requests for things we don't manage. We're already a relatively small team and can't add the legal workload of a bunch of other sites. (If an instance complies with it it lessens the work we have to do since then the deletes get federated over) If it becomes a problem with some other instances we can purge their communities or defederate at worst case if its instance wide if they don't want to manage it but burggit explicitly says in their instance description DMCA ignored while others dont
I kindly urge you to reconsider this decision, as there are several communities on that instance I subscribe to and enjoy. There are plenty of SFW communities there related to touhou, music, and other topics for example.
As for 1, the instance does not seem to focus very heavily on piracy, though it does allow it. There are several piracy related instances that are arguably a larger concern with regards to this. And as for 2, although the instance does allow lolicon hentai, this material is not illegal in the US, and is protected free speech as long as it passes the same "Miller test" that any porn must. The instance does not allow or contain actual CSAM. Lolicon material, although offensive to some, is not CSAM, neither morally nor under the law.
Personally I don't care about the loli stuff. I'm not interested in it, really I'm not even interested in hentai in general and block most of the communities for it. But it harms nobody and I don't really care what people decide to look at. I just want the other communities there.
DMCA isnt just piracy, its copyrighted content. There are piracy communities that discuss piracy but dont provide links to the actual content (if theres some that do that link me them and ill deal with them).
Its a gray area in the US (with certain states banning it themselves) and things like the PROTECT Act existing (which is added on to the miller test, it has more than just that to follow) and due to that I would rather err on the side of caution
For a lot of those communities there are alternate communities in other instances (e.g. lemmy.world has a bigger touhou community) or separate accounts can be made