Even with all of what you and I have been discussing in this thread, the answer to "is this legal" comes down to "how much can you afford to pay to find out the answer to the question?" Settling a lawsuit is often cheaper than going to court even if you could win the lawsuit.

The average person can't afford to defend their rights even when they are legally right.

AirBnB and Uber can afford to fight in court and often prolong legal battles while trying to lobby to get laws changed in the process.

The fediverse is built on small islands of average people hosting instances of a specific platform. Getting this wrong puts the individual hosts on jeopardy very directly.

The recent illegal content spam on lemmy and lemmy's image copying made it clear that instance admins are at risk. They have responsibilities under the DMCA in the US and similar laws elsewhere.

Fortunately the DMCA has its safe harbor provision which likely applies to all the individual instances. Unfortunately I don't think any of them actually are meeting the requirements it outlines. But hopefully we never find out.

[–] rglullis@communick.news 1 points 8 months ago (1 children)

AirBnB and Uber can afford to fight in court

Now, they can. But before they were established companies, they were just a handful of people working out of legal grey areas and figuring out shit as they go along.

I'm not encouraging people to openly go and break the law, but I also don't think it's healthy to never dare anything and just play along with morally corrupt systems like the one we have just because we are afraid of the consequences.

[–] GlitterInfection@lemmy.world 1 points 8 months ago (1 children)

Uber got $1.6m in VC funding after showing their app at a conference.

The way the fediverse works it would require each instance to raise their own money.

The thing you suggested as legal is most likely not just grey area, but actively goes against the intent of copyright. A company would be better at fighting that than individuals.

It's not fear to act wisely in the face of reality.

[–] rglullis@communick.news 0 points 8 months ago* (last edited 8 months ago) (1 children)

$1.6m is nothing

The way the fediverse works it would require each instance to raise their own money.

Or, if push comes to shove, to operate in jurisdictions where people are not persecuted for disobeying draconian laws.

[–] GlitterInfection@lemmy.world 0 points 8 months ago (1 children)

I don't think you will find that any jurisdiction will allow you to stream your music collection to your friends without them also purchasing that music first.

But if you do find a jurisdiction that allows that, then host it there for certain!

[–] rglullis@communick.news 0 points 8 months ago (1 children)

jurisdiction will allow you to stream your music collection to your friends

Not what I said.

What I am saying is that there are jurisdictions where people can operate and will you not be persecuted (i.e, chased/harassed) even if some lawyer can find an IP address tied to "illegal" activity. Anyone that has looked into how to run a seedbox will quickly find out that there are plenty of providers catering to this market.

[–] GlitterInfection@lemmy.world 1 points 8 months ago

Then host it there if that's what you want to do.

You are still better off knowing whether or not you are breaking the law when you do so.