this post was submitted on 15 Aug 2023
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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.
I think you don't understand what a DMCA notice actually is. The whole point of it is to give you a chance to remove offending content. The "threat" of legal action won't actually result in anything, provided you comply, and that is exactly why I do not understand the preemptive actions, when there is basically no such thing as immediate legal threat in case of DMCA notices. The copyright holders often do not want to go through the court system either and will gladly accept pre-legal-action compliance.
The power of the panopticon lies not in being able to see and punish all deviant activity, but to encourage self-correction in all potential deviants who must always assume they are being watched.
it really isn't, the whole point is to streamline the capability for copyright holders to remove content they think they have rights to, without a lengthy court cases. it's still a lot of overhead for any service to manage and also still opens you up to legal action.
From DMCA.com:
Yes those are the words defining the initial safe harbor agreement well done.
I'm talking about in practice and how the dmca has actually been used. Why do you think companies like youtube entirely sidestep the dmca? They do it because the dmca is a huge drain on resources and still opens you up to litigation if you make any mistakes (like not working on the weekends for your volunteered lemmy instance that suddenly got 10,000 dmca requests from Sony pictures)
You're fighting a famous "intent warrior" you can't win. They exist only in their own head where they can't lose and don't have an idea how things really work...
You seem to know your way around the law then, so please be the change you want to see in this world. Host a piracy instance and show everyone here that we were wrong and that the admins were just overreacting.
I can openly admit I am breaking the law for example by using torrents for piracy - and I seed as much as I can, though it in theory makes me liable. So yes, I am the change I want to see - piracy should be free to discuss everywhere
You can go further: host a piracy instance since you seem confident enough and prove us wrong. Why are you avoiding this part? I'm not the only one having suggested this to you.
And here you are (after fighting with docker for an hour) http://pankuleczka.ydns.eu/
I take back what I said then and I commend you for putting money where your mouth is and I hope you know what you're doing. That's something that the others are not willing to do but feel entitled to expect from LW because it's not their necks on the noose.
Server address not found.
Sure, if someone uses it then it's no problem for me. There are much bigger communities already out there though, so I see no reason to do that. I'll set it up right now to show you
It doesnβt really have anything to do with DMCA (a US law). Lemmy world is hosted in Germany which is even harsher on copyright than the US with much stricter penalties.
The world doesnβt revolve around the US.
It does have a lot with DMCA. Maybe not specifically the DMCA, but all the relevant regulations all around the world that are equivalent to DMCA because of copyright treaties. And yes, while you are right about Germany being more dangerous in terms of piracy (mainly because of copyright trolls), the relevant authority handling the case could very well be the USA court system.