I feel there’s still a difference between hosting it directly vs the federated nature of the platform meaning that the content is copied so it can be served to an end user
Unfortunately, I'm pretty sure that's not the case. If you "federate" a server with CP for example, you are hosting CP. If it's not brought to your attention, maybe you have a safe harbor exception (and maybe not), but if it IS brought to your attention, you are required to act on it to not be liable. And I airquote "federate" because as I learned Lemmy's architecture, I'm not sure "federated" is the best word to describe it. When I think of federated, I think of something like an orchistrator. A tool where you are directed to the authoritative cluster for content, but not required to join in on it. In such a world, there would be three states - (1) I have a copy of this data, (2) I don't have a copy of this data but link/index it, (3) I refuse to index this data
Lacking #2, I believe, really creates a lot of liability.
I believe even linking or indexing can be problematic. I know Google receives DMCA notices to remove entries from search results. I think your solution is probably the better solution though compared to a lot of others.
One point I would make though is that no one is hosting in this instance pirated material and therefore the other instances are not hosting pirated material. The pirate community is having very open pro-piracy discussions though. Discussion of illegal activity is not the same as illegal activity.
Oh absolutely. I totally agree, but I've seen/heard of situations where talking about illegal activity has been targetted by authorities as "empowering" or "enciting" it. Silly shit, though the authorities haven't gone full nuclear on piracy like they did 20 years ago.
Unfortunately, I'm pretty sure that's not the case. If you "federate" a server with CP for example, you are hosting CP. If it's not brought to your attention, maybe you have a safe harbor exception (and maybe not), but if it IS brought to your attention, you are required to act on it to not be liable. And I airquote "federate" because as I learned Lemmy's architecture, I'm not sure "federated" is the best word to describe it. When I think of federated, I think of something like an orchistrator. A tool where you are directed to the authoritative cluster for content, but not required to join in on it. In such a world, there would be three states - (1) I have a copy of this data, (2) I don't have a copy of this data but link/index it, (3) I refuse to index this data
Lacking #2, I believe, really creates a lot of liability.
I believe even linking or indexing can be problematic. I know Google receives DMCA notices to remove entries from search results. I think your solution is probably the better solution though compared to a lot of others.
One point I would make though is that no one is hosting in this instance pirated material and therefore the other instances are not hosting pirated material. The pirate community is having very open pro-piracy discussions though. Discussion of illegal activity is not the same as illegal activity.
Oh absolutely. I totally agree, but I've seen/heard of situations where talking about illegal activity has been targetted by authorities as "empowering" or "enciting" it. Silly shit, though the authorities haven't gone full nuclear on piracy like they did 20 years ago.