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Shopping app Temu is “dangerous malware,” spying on your texts, U.S. lawsuit claims
(arstechnica.com)
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No they don't. It's not only not applied to their comment, but also misnamed.
Furthermore, its posted on lemmy, which that license overrides the license on the comment
That... depends.
Lemmy is just a carrier software, its license has nothing to do with comments.
Instances however, each have their own TOS and can enforce license controls.
Ideally, all comments should have a "license" field, so stuff like instances with ads on them, or subscription-only instances, or CC0/CC-AS only instances, could inform other instances of their rights, and avoid comments that don't meet their policies.