Earlier, after review, we blocked and removed several communities that were providing assistance to access copyrighted/pirated material, which is currently not allowed per Rule #1 of our Code of Conduct. The communities that were removed due to this decision were:
We took this action to protect lemmy.world, lemmy.world’s users, and lemmy.world staff as the material posted in those communities could be problematic for us, because of potential legal issues around copyrighted material and services that provide access to or assistance in obtaining it.
This decision is about liability and does not mean we are otherwise hostile to any of these communities or their users. As the Lemmyverse grows and instances get big, precautions may happen. We will keep monitoring the situation closely, and if in the future we deem it safe, we would gladly reallow these communities.
The discussions that have happened in various threads on Lemmy make it very clear that removing the communites before we announced our intent to remove them is not the level of transparency the community expects, and that as stewards of this community we need to be extremely transparent before we do this again in the future as well as make sure that we get feedback around what the planned changes are, because lemmy.world is yours as much as it is ours.
These communities are not even hosted on lemmy.world, this is an absurdly overreacted response. There were no signs of any legal trouble and I can’t understand how lemmy.world specifically would be the target of such legal action. If you want to host an instance, you should do everything in your power to allow discussions on any topic, while in necessary cases disallowing direct posting/linking of illegal content. Instead, you chose to block a community that has long been known to avoid having any trouble with the moderators.
And on top of this, the removals were done following the request from a troll account, by a user involved in far more questionable discussions than the legal discussions currently going on in the now-removed communities. Should no attempt be made to differentiate between a legit legal concern and trolling?
Good ol’ Bungiefan_ak, creating troll accounts on any instance that’ll have them to troll all things piracy and post transphobic and hateful shit wherever they go.
dude is such a piece of shit
They only do it because it works. Had they been given the level of attention—and interaction—that trolls deserve, they would quickly move on to doing other things with their life. But as long as one single well-placed comment can result in so many people getting annoyed from so many different perspectives, it’s easy to see the appeal that these trolls see…
What is it about Destiny that attracts pieces of shit?
If you post to a community that isn’t local, the content of the post is stored on your local server and the remote server just makes a copy. The posters home server is where the illegal content is hosted.
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.
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.
First of all so far as I know lemmy doesn’t actually host anything. A post which links to the actual host probably isn’t illegal most places.
The ad hominem criticism is irrelevant. The communities should be removed or not removed based on the server’s policies regardless of who first raised the question.
It’s not ad hominem to say someone is acting in bad faith.
Preemptive strike
aka shoot and ask questions later
The great thing is, now you’re 100% empowered to move forward and host the responsibility yourself. Demanding volunteers shoulder potential liability (when you yourself admit you can’t understand how there’s any in the first place) is juvenile.
The moment a volunteer is hit with a DMCA notice or any threat of legal action, you think they have any interest in going through the court system? You can do it first.
Doesn’t matter if they are hosted here or not. The way federation works is that threads on different instances are cached locally.
We have NO issues with the people at db0 - we are just looking out for ourselves in a ‘better safe than sorry’ fashion while we find out more. As mentioned in the OP we would like to unblock as soon as we know we can not get in any legal trouble.
“we are just looking out for ourselves in a ‘better safe than sorry’ fashion while we find out more.”
This is an unfortunate aspect of individuals/small groups housing the fediverse vs big companies. Big companies have lawyers and the capital to back them, individuals do not.
If I was in your shoes, I’d do the same thing. I appreciate your wish for thus to be temporary. I hope you will share your findings once you come to a final decision; information like this is relevant to all those managing servers.
What needs to happen for you to be confident you won’t get in legal trouble, and thus unblock them? Change on the db0 side? Lemmy.world admins getting legal representation/advice? Something else? I’m curious how you all see this playing it out in the future.
Discussing piracy isn’t illegal. It would be one thing if they were hosting pirated content, but they don’t even link to anything.
If that were to change I’d understand the decision, but this just seems silly to me.
as far as i have seen (as a subscriber to c/piracy) there is no links to pirated content and they are very clear that that is not allowed
the vast majority of the discussion is on morals of piracy, anti piracy measures, etc etc
I feel like there should be a major distinction between caching remote content and hosting that content yourself. Does Cloudflare get in trouble every time the FBI seizes a site that used Cloudflare routing, CDN, or caching? Not as far as I’m aware.
We have NO issues with the people at db0 - we are just looking out for ourselves in a ‘better safe than sorry’ fashion while we find out more. As mentioned in the OP we would like to unblock as soon as we know we can not get in any legal trouble.
Words are empty, offers are void in Nebraska. You already took steps against people who simply mostly discuss piracy. What concrete steps can you take now to show that you’d actually unblock “as soon as we know”?
Soo ultimately you personally will be the only person determining what people can and can’t see, based on your perception alone. You don’t like something, you’ll ban it. You worry about something, you’ll ban it. And there won’t be a trace without you saying “we banned something”. Which means there are no checks at all to you powertripping in the future. How is this supposed to be free, open and general then? This is even worse than reddit was.
deleted by creator
Well, caching content is not the same as copying it. The major difference in the court would be that caching is automatic - and as such you are not in complete responsibility of what it is you copied. If you do everything in your power to comply with any DMCA notices, then I couldn’t realistically see lemmy.world being targeted. This is an analogous situation to eg. accidentally opening a website containing illegal content. Sure, your computer did download the contents to the RAM, but what matters is that you acted in good faith and did not attempt to get the contents, it just happened in the process of browsing the web and as such you could not reasonably expect to receive such content.
In a world where Quad9 is in the middle of a giant lawsuit over simply serving DNS records, I can’t blame anybody for being extra cautious.
Complacency isn’t a legitimate defense against criminal activity and corporations are extremely litigious over piracy. Would you rather lemmy.world spend all their money on fighting lawsuits, or building a better instance?
Any community that is creating questionable content should create their own instance and not seek open federation with the entire fediverse. That kind of behavior is reckless and counterproductive to what we’re trying to do here.
I am not suggesting lemmy.world should be “complacent” in this activity and keep the content after receiving any type of notice. If you host any website with content coming from users, you are not responsible for what they post, as long as you try to comply with the law and remove any offending content. In this case, complacency would be specifically allowing such content, and not merely not moderating harshly everything in they grey area.
Something that’s getting lost in this conversation is the nature of the infringement and what that means to the copyright holder. Memes could be considered a form of infringement, however in practice they often serve as free publicity. The intent is not to deprive the copyright holder of revenue, but use the medium to express themselves. Exposure increases, and so does the likelihood of revenue from the conversion of new fans.
This changes with public conversations of piracy, because the nature of those conversations drift into how to deprive and evade the copyright holder by providing users just enough information to find pirated content. From a legal standpoint this can be used to prove aiding and abetting, a crime that be considered equal or an accessory to depending on the jurisdiction.
The admins are aware of how Lemmy’s content caching works, and now publicly acknowledge the existence of their federation with dbzer0; whose piracy communities are its strongest asset. Any defense of ignorance is out the door. Without banning the communities LW becomes an accessory if dbzer0 becomes liable, as would any other instance who caches dbzer0’s c/piracy.
To those who still disagree, that’s fine. Open your password manager, make some new accounts on other instances, enjoy the lemmyverse. But you have to agree that it is unreasonable to demand you hold the evidence of my crimes because it would inconvenience me otherwise.
Memes are protected under fair use doctrine as satire. Most places, IANAL.
So is discussion on the topic of piracy that doesn’t include actual links to content.
I am aware. My point is more to do with how the copyright holder perceives the actions of the individual(s). If the copyright holder feels the work brings more attention to their IP in a way can be converted into sales then they are less inclined to take legal action; even if some in the community may be openly pirating. Some however miss these opportunities thinking its just another instance of unlicensed usage.
Better defederate from all instances then.
Better to create your own instance then.
It’s about reducing risk not eradicating it and there’s a huge difference in risk in being targeted for legal action due to hosting c/piracy (via caching/mirroring) than from a single piracy post in c/hellokitty.
Well, caching content is not the same as copying it.
A cache is literally a local copy.
Fighting legal challenges requires lawyers, even if you are in the right. Lawyers are crazy expensive.
Unless I’m missing something, you don’t need a lawyer to take down a post that you’ve received a DMCA removal request on.
You do if you get sued because you missed something. It’s not like lemmy world can moderate every post from every server. Any single user can get any federated community’s content pulled locally just by subscribing.
The law in the US is that you aren’t responsible for what your users post unless you are specifically legally notified and furthermore the communities at issue don’t host links to infringing content they host discussions on the topic
So by that logic, .world should defederate from all other instances, just to be safe?
deleted by creator
The content is hosted on lemmy.world - that’s how the fediverse works. Each instance pushes updates to other instances and they host it locally for their users. The issue is that the admins here can’t moderate a community not on their instance. So if an instance is located somewhere it is legal, it might not be legal at the location of another instance.
Lemmy.world maintains a local copy of every external community. This is how federation works. Any piracy related posts on those subs will be copied in their entirety to lemmy.world servers, so lemmy.world could potentially be sued for hosting that content. Being the largest instance makes it a target.
It is rare to get advanced notice of legal problems. Usually the first you hear about it is a cease and desist, or a lawsuit. Lawsuits are costly to defend even if you’re doing nothing wrong.
I don’t like this decision. But it is a sensible one to protect the instance. If you care about piracy discussions you can visit those communities directly or on a different instance that made a different decision.
I enjoyed helping this place grow and doing my part to discuss here but I disagree with this decision and I’m going to evaluate looking for a different home instance.
What signs of legal trouble are you referring to?
Let’s also not ignore the fact that these communities literally prohibit Links or content from being posted to them. So even if people make the Federation argument about cross-hosting it’s all moot in the end because the community doesn’t allow it in the first place.
Here is a link to the rules of the Piracy community you will notice if you have any form of reading comprehension (or if you actually read it and aren’t just trolling, like many people here) that rule 3 specifically prohibits linking to or hosting files, which many people making the federated hosting argument seem to leave out of the equation, likely because it destroys their argument altogether since their argument is about illegal content being hosted, but no illegal content is hosted in the first place (and any that is usually is removed by the mods for breaking the rules, just like it is here on Lemmy.world).
I can’t understand how lemmy.world specifically would be the target of such legal action.
Because they’re the largest instance and therefore the biggest target.
deleted by creator
I think the problem is that because of the way that the fediverse, they ARE hosting the content. They effectively copy the content from that community onto their server to distribute it to all the users of their lemmy instance. So from a legal perspective they are hosting the content and they would be held liable for a distributing it.
Please make announcements on lemmy instead of exclusively on discord moving forward. That is the biggest issue here, the lack of public transparency. Such a decision affects all instances, not just lemmy.world and making it publicly known is important
This was a misunderstanding from one of the team members. It has since been discussed and will not happen again. Lemmy.World and this announcement community is our primary platform,
Thank you. It is appreciated.
Thank you for this
Misunderstanding eh?
Yeah. You misunderstood that they are liars.
Speaking of removed communities, can an admin respond to this please: https://lemmy.world/post/3165787
Aged like milk.
Just another misunderstanding bro
Are we raising posts from the dead?
deleted by creator
Why are the thank you posts getting upthings when they provide no substance? I mean the tone above is not very nice but at least it highlights the need for migration tools.
Haha, damn.
deleted by creator
deleted by creator
Uh, @[email protected] … what’s up with the banning going on in this thread? I noticed on a.lemmy.org that someone was labeled “banned” and their comment was simply “Ight, I’m out”
The mod note was “Let us help you”.
There are more similarly weak (spiteful?) bans that certainly don’t seem to be at a standard for a ban. “Litterally 1984” was another one. Is that all it takes to be banned here?
Edit: Many (all?) the users I referenced as banned are now unbanned from the site, but now banned from this community.
Reading all these comments it’s clear that a lot of people have unrealistic ideas regarding what Lemmy and the Fediverse are supposed to be (or maybe it’s me with weird ideas).
The Fediverse is just a bunch of apps that can all communicate with each other through a shared protocol. There is no requirement for them to be free speech platforms or host everything. The whole purpose of defederation supports the idea that instances are free to associate or disassociate with whichever instances they want. Furthermore, nearly every guide I read on joining Lemmy state that you should choose instances to join based on shared ideals/beliefs.
For everyone saying “I’m leaving lemmy.world” I say “Good. That’s what you’re supposed to do.” When the instance you join no longer aligns with what you want, you go to another instance and then you’ll be back to viewing all the communities you want to see. That is what the Fediverse is all about and how it’s designed.
What part is illegal? Are they sharing files on that instance and your instance re-hosts it?
From my understanding, discussions are legal, guides are legal, tips are legal, but actual files (aka “copyrighted content”) is illegal. There are no files shared there, links at maximum, but institutions should be after those content-sharing websites, not forums.
I am against this decision and I am happy that I am not part of admins team.
And still people are crying about this.
You can literally change to another instance. That’s the entire point of the Fediverse. If you don’t like a decision the admin has taken, you can move elsewhere.
The entitlement of some people these days is ridiculous.
Surely there is a discussion to be had around what is and isn’t allowed, there are plenty of subreddits discussing piracy without dolirect links that are playing within the rules.
Yeah I’m subbed to few piracy comms just because I like to see how that side of things is going. I’ve never seen anyone post or comment a link to a pirated file. I’ve never even seen anyone link to a website. It’s all been news and discussions and that’s it.
I’ve never seen anyone post or comment a link to a pirated file.
You ignored the “assistance in obtaining it” part, because members of [email protected] have been doing that. Also:
EDIT: oh boy, shill posts a lie, innocent pirate mob upvotes. I literally post a proof that what he said is completely false, innocent pirate mob downvotes.
Are you trying to say I’m a shill? Lol wat.
I chimed in with my experience. You chimed in with one example expecting it to be the end all of the discussion.If you really want to talk about who does what, look at yourself asking for links to alternate apps for online services so you don’t have to pay for them. Someone’s been asking for assistance in obtaining things alright.
deleted by creator
my experience
Which is very far from reality. I literally just opened the community and randomly found that thread, I didn’t even have to try hard. You tried too hard to make them look good here:
I’ve never seen anyone post or comment a link to a pirated file. I’ve never even seen anyone link to a website. It’s all been news and discussions and that’s it.
Also, maximum cringe here:
look at yourself asking for links to alternate apps
And, so what?
Why are you so butthurt? I wasn’t even going to respond to your comment because I read it and thought fair enough.https://lemmy.world/post/3206301
This is asking for the same exact thing that your apparently so upset over.Chill.
butthurt
It does seem to me that you’re the one who’s butthurt because I called you a shill though? You literally lied, I don’t even see why you still reply. Also, very pathetic of you to compare using an alternative front-end with something that’s clearly illegal.
Yeah dude you totally caught me lying. Everything is falling apart now that you’ve exposed me lol
The above comment says:
I’ve never seen anyone post or comment a link to a pirated file.
proceeds to post a screenshot where they just name the site and not the particular content.
I’ve never even seen anyone link to a website
you missed this part, you’re all trying too hard here
I think some of you have no idea how legal issues will occur. Unless you are linking actual content or the (direct) link to the copyright infringing content, you will not be having any legal issues. That’s why big piracy discussion subreddits in reddit ike r/piracy are not taken down yet.
Even YouTube has copyright infringing content. Now will .world get any legal notice for linking that? No. Will .world get a legal notice for having comments or posts having a direct YouTube link to the copyright infringing content? Yes. That’s how things work.
Hope you guys understand that instead of slamming every reasonable comment.
Especially because discussing copies of your own data also happens in such communities. There must be clear guidelines what can and cannot be discussed. Also, it would have been nice to have those communities selfregulate. For example, giving them 30 days to comply, e.g. removing any content that breaks the law.
Because the fediverse i about democracy. If laws stand in the way of democracy since they have been brought up by governments influenced by global corporations (which are by definition autocratic) then they must be ignored.
So, striking a balance to not get anyone in trouble while not working for IP holders is the way.
Because the fediverse i about democracy.
Isn’t it, like, the opposite? With the main assumption being that you should find an instance that aligns with your interests and values, not find an instance and try to vote for it to become something you like? That is technically “voting with your feet” but instances don’t actually need a large population to stay running.
But we have no tools to migrate users or communities. We can not vote with our feet so much as start over and over and over.
I highly recommend people go to the issue relating to account migration on the lemmy software github and explain why account Migration is as important as it is and should not be considered as a second thought. Not being able to migrate ties you to an instance if you’ve been there long or participated a lot, it makes you dependent on them, this is not a good dynamic to have in the Fediverse, it’s why other platforms like Mastodon have profile migration.
Interesting perspective. Thanks for sharing.
You’re not wrong. It’s not the same as voting for a desired outcome and if owners/admins push for something, they can usually get it until people leave.
But the system is open source so they can’t just shape their server how they like. They can’t keep others from getting news from outside and they also can’t push their own agenda imo.
So I‘d say you‘re right, it’s not „democracy“ but its either something else entirely or it is „about democracy“. Maybe power equality through federation?
What it’s about, in my opinion, is trust. To tie it back to Reddit yet again - on Reddit, if the admins of the site did something, their word was final and there wasn’t much you could do about it. On Lemmy, if the admins of an instance do something, even here on the biggest one, their reach is limited to their own space; they cannot affect what happens beyond. This means that instead of having to do a big ol exodus to try and prop up a new network, people can just pick another instance and continue where they left off, outside the reach of the admins that did the thing they dislike.
Therefore, the instance admins and the users (and also the mods) need to actually have trust in each other to stick around, as there are viable alternative spaces they can go to if that trust is broken. Additionally, the entire concept of federation is also built on trust - “we will allow an exchange of content between our instances because we trust you”.
I don’t agree with this decision, but I understand it, and I still trust LW admins because they’ve had a good track record so far. For those reasons I’ll stay here. I don’t fault anyone leaving, though, if their personal threshold of trust has been broken. The only thing I’m really wary of is the free-speech absolutists that insist no one should be defederated from; the tool exists for a reason. There’s not many of them, though.
I agree on practically everything you wrote there. Thanks.
I‘d like to add that I was a little upset first by their childish action but then came to the conclusion that they in fact have very little power compared to the whole platform. So yes, it‘s still not ok (and I would be furious if my content just gets deleted) but it is not that big of a deal.
It’s only about democracy if you make your own instance. Otherwise, you have to follow the rules of wherever you’re signed up.
If you make your own instance, as a one-man thing, then it’s not really democracy at all either. The only way it would be democracy is if you made your own instance and specifically said “all decisions will be made via vote” and you actually had users around to participate in those votes.
Your instance is your vote in the fediverse as a whole.
A vote for what, though? What is being decided, and by who?
You are deciding what content you want to see. If you’re on an instance run by someone else, that will never be under your control.
Yes. The thing is there is zero content breaking the law, so they would have looked ridiculous
From the other comments here I think these people are not very smart. Probably should make new sailor sub somewhere else soon. Obviously with relatively strict rules. For example: only trackers, no direct links etc. (I‘m not a pro at this. What I know is from reading)
Reddit has the money for legal defense when companies try to go after redditors. The mods and administration for world are volunteers and don’t have th resources to defend themselves. It’s unfortunate but this move makes sense as part of the bigger picture.
Sure. But we’re a group of volunteers and we would not like to find out the hard way what is possible and what not. We would think meta discussions about piracy should be allowed as long as there is no linking to actual illegal content.
But is pointing to locations with illegal content legal or not? And having members/admins worldwide it makes it even harder to be sure.We don’t want to find out the hard way and this is a better safe than sorry measure. Again we personally have nothing against the people on these communities or against the communities itself.
should go ahead and ban image uploading to lemmy.world, as there is likely a ton of illegal, copyright-violating content that hasn’t been stress-tested for fair use.
The music community could be an issue for the same reason, this logic is problematic
Smart, might as well shut down this whole thread then as we’re discussing piracy here too, right?
I love Piracy!
I support your decision. Want to see the new instances that will pop up now hosted by your critics 😄
Yeah. Talk is cheap. Running a server is hard work.
The fact that there was no announcement before the banning of the communities is not great, but good on you for acknowledging that mistake.
It’s unfortunate that this action had to be done, but it’s also understandable. It’s not about what’s right or wrong, and it’s not even about whether there actually is any illegal content in these communities. It’s about the fact that the Big Entertainment Companies don’t care about the difference and see it ALL as bad, irregardless of whether it actually is illegal or not. If the admin team had a legal team and the financial security to fight back, then it wouldn’t be as much of an issue. But they’re not, they’re just a bunch of regular folks, so they’re being cautious and trying to pre-emptively prevent these problems from coming up, especially as Lemmy continues to grow every day.
The beauty of the Fediverse is that you can always switch instances or make an alt account.
While I’m not ethically opposed pirating, I understand and would probably do the same for a server I was hosting. Anybody remember Kim Dotcom’s mansion raid?
What I do not understand is blocking a community surrounding magic mushrooms… No one is going to prosecute the L.W admins for people discussing shrooms/their use…
Substances are legal/illegal depending on where one lives, just like weed which is apparently perfectly fine to post here, even tho possession is a death sentence in some countries.
It simply doesn’t logically follow that weed, or even alcohol communities are permissible while a shroom community is not.
Banning any content deemed illegal in any country in the world establishes a very dangerous precedence (if that’s the justification here). Free speech/dissenting from the government is illegal in many places in the world.
One thing the community must remember tho, is that you have to operate your server in accordance with the law in which country you’re hosting it (in this case Germany).
I’ll gladly admit I’m not too familiar with German law, but it seems unreasonable to expect government persecution for hosting servers which hosts a shroom discussion community.
Oh no. Wtf. Do you know what’s funny? I actually joined this instance from piracy subreddit.
I guess it’s time to leave.
I don’t understand why people are upset even a little about this. This is a prefect advert for the fediverse. If you are not completely happy with an instance(which can never realistically happen) then you just host your own or have multiple accounts. Apps have this built in and easily accessible. Why do people want to concentrate everything they want into one instance? What if that instance goes down? This should not be hated or applauded… just ignored as the way the fediverse should work. Don’t get too attached to any single instance.
Thanks for only banning the communities and not the entire instance as a whole. That is a much healthier approach to deferation.
Lovely this happened because someone complained after being banned from the piracy instance for being a transphobic asshole.
The people whining are not the people that could face multimillion-dollar lawsuits over the issue. Like it or not, media companies are powerful and will go after websites seen as promoting piracy. Do what you reasonably have to do.
