• 7 Posts
  • 26 Comments
Joined 2 years ago
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Cake day: December 18th, 2023

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  • You don’t need age verification if you run it for your family and know everyone’s age.

    You could run your own family forum just fine. The problems start when you want to federate. Let me be crass to make the point. Say someone posts child porn and that gets federated to your instance. You think you can just declare that someone else’s problem to avoid legal complications?

    The way I expect this would work, is that instances would become responsible for who they federate with. If an instance allows your family instance to federate, they would allow your users to indirectly use their instance. We’ll have to wait what lawmakers or courts do, as you say. But I think, federation would only be by manual approval after some sort of check for compliance, or maybe even a legal contract similar to how it goes in GDPR. Actually, such GDPR contracts might be required anyway, but who cares.


  • I hadn’t considered if existing legislation might already require implementing an age verification when l posed the question. Now that you bring it up, I fear it does.

    The DSA has exceptions for small companies. But I would caution that there is no case law that supports your interpretation that users should be counted on a per-instance basis. Courts are often not very receptive to attempts to avoid rules through such formalities. Bear in mind that the DSA is supposed to protect the “fundamental rights” of Europeans, which may not include running an instance.

    Other laws do not have such exceptions. This app seems poised to become the required age verification mechanism, wherever age should be known. Either use the app or show you have something better.

    In January, a Berlin court ruled that TikTok was in violation of the GDPR for not doing enough age checking. It’s being appealed. It remains to be seen how much of that case will be applicable to the Fediverse. But there is a good chance, that even without new laws, age-gating will become mandatory through case law.














  • They are just making it up. It’s just nonsense.

    These copyright claims are governed by the DMCA in the US. Platforms like Youtube that allow User Generated Content have a safe harbor provision. They are usually not liable for content that users post. Without that, the internet as we know it would be hard to imagine. But when someone reports a copyright violation, the platform must take it down, or else becomes liable. Then it could be sued for damages, as if the platform had pirated the content.

    Posters can submit a DMCA counter-notice. At that point, the copyright owner must either sue the poster, or the content goes back up (within 14 days). It is quite suspicious, that there is no mention of that in the OP.

    However, copyright owners have sued Youtube, alleging that they did not do enough to take down pirated content. This did not go so well for Youtube. Eventually they were forced to create “Content ID”. Owners register and upload their content. Youtube continuously scans for that content in videos posted by users. What happens when there is a match depends on the assumed owner. They can choose to have it taken down, or to get the ad money, for example. SNAFUs are pretty common, especially with classical music. It also has no regard for Fair Use, but content owners hate that anyway.


  • Filing lots of legal cases for harassment is an established tactic (see SLAPP).

    Using copyright claims to fleece people is also an established method, or rather several methods. People make fraudulent claims eg on youtube to get the ad money. Or they go a legal route and put a lot of copyrighted material out there, and sue anyone they can (“copyright trolls”).

    It would rarely work against the likes of Paramount. Such companies have big bureaucracies to clear the rights. And legal departments to fight in court. Usually, this is about fleecing small companies or individuals, for whom it is cheaper to pay you off, than to go to court.

    Anyway, mind that the OP contains legal disinformation. Better get your info from somewhere else.