this post was submitted on 19 Jun 2023
229 points (100.0% liked)
Technology
37727 readers
650 users here now
A nice place to discuss rumors, happenings, innovations, and challenges in the technology sphere. We also welcome discussions on the intersections of technology and society. If it’s technological news or discussion of technology, it probably belongs here.
Remember the overriding ethos on Beehaw: Be(e) Nice. Each user you encounter here is a person, and should be treated with kindness (even if they’re wrong, or use a Linux distro you don’t like). Personal attacks will not be tolerated.
Subcommunities on Beehaw:
This community's icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
What I'm taking issue with is essentially the same thing that is getting Reddit into hot water. Spez is acting like all the content on Reddit is exclusively his. And legally, it probably is, since it exists on his servers. Now if you extrapolate that out to Meta on ActivityHub, any instance that federates with them immediately puts all of your content directly onto Meta's servers. Once it's in their possession, it's legally theirs to do with as they please. If they want to pull a Facebook or Reddit, using your data, they can with no way for you to opt-out. Sure, nothing is stopping people from doing it already, but Meta does not have your best interest in mind. Ever. They've shown it again and again. So I think people are preemptively wanting to cut off this spigot of user data to Meta because their abuse of it is a matter of when, not if. Any other company might deserve the benefit of the doubt, but Meta? We know who they are already.
Also, as I said elsewhere, Meta could already use a bot to scrape Lemmy instances, but you can't sell a bot to investors. But you can sell a platform. Meta will build a slick platform to sell to investors and sit back while federation fills up their instance with data which they'll turn around and sell the same way they do on Facebook. To me this is very different than setting up an RSS feed.
I completely agree with the overall point you’re making, but would like to correct the legal aspects. I am not a lawyer, but I do have a pretty good understanding of US copyright law which is the most relevant in this case.
Having possession of data isn’t sufficient to legally establish the rights to do as a company pleases. In general, an individual author immediately has copyright on a creative work as soon as it’s recorded in any medium. The main exception to this is “work for hire” — a legal agreement that employers hold copyrights since they’re paying for the work. It’s usually part of the paperwork an established company has you sign when you start a job.
Because of this, and because we users aren’t employees of Reddit, they need a license to duplicate and display our copyrighted posts. The terms of service for any online service almost always stipulate a “worldwide, non-exclusive, perpetual license”. In other words: you still own the copyright to your post and can still share it elsewhere, but by sending it to Reddit, they get to put it anywhere they want and you can’t ever take that right away from them.
If Meta begins slurping up data from the Fediverse, things get tricky. They’re probably violating copyright law if they do that, just as ChatGPT, Google Bard, etc… likely have. However, legal enforcement of our rights would be near-impossible. Everyone who has ever had an account with any of Meta’s properties has most likely agreed to an binding arbitration provision. (These are utterly immoral, they force you — as a precondition of doing business! — to preemptively waive your legal rights before anything occurs that would cause you to need them.) These provisions also prohibit any sort of class action, so each individual person would have to initiate their own case against Meta. And then you’d have to somehow prove to an arbitrator from an organization selected by and paid by Meta that Meta violated your copyright. And Meta’s high-priced lawyers will have all kinds of ways of referencing prior cases to argue why what they did is fine.
So yeah. But again, I completely agree with your main point. Meta will (if they haven’t already) collect all the data they please from the Fediverse and use it to further their business interests. And those business interests are not aligned with our best interests.
Thank you for your clarification! I don't know any of the legal specifics of this stuff and I very much appreciate you taking the time to help educate me and anyone else who needs it. I can only give a conceptual argument based on the history I've seen with these companies, but not any sort of specific knowledge of law.
The gist of what you're saying, and what we've actually seen play out recently, is technically they shouldn't be able to do this, but they're going to lawyer it in such a way that they'll get away with it unless/until someone actually sues them which is prohibitively expensive. We have recently seen class action suites against Meta, but realistically the damage has already been done, the money has already been made, and they go on with finding the next cash cow. Even a multimillion dollar settlement is a drop in the bucket, simply the cost of doing business for these people.
Exactly so! 🙂😭