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this post was submitted on 11 Apr 2024
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I was having a conversation elsewhere about funkywhale being used to share copyright protected content and in that conversation I ended up reading about the US DMCA Safe Harbor's requirements.
It requires you to have a designated person with their name registered with the copyright office to be considered a safe harbor.
https://copyrightalliance.org/education/copyright-law-explained/the-digital-millennium-copyright-act-dmca/dmca-safe-harbor/
This is enough for me to never want ro host my own instance of any fediverse software. I can't imagine this is being done by every lemmy instance.
Is there something that makes it so this requirement isn't important for lemmy?
I've seen nothing in the requirements that say that the designated person has to be reachable. If I had to set a fediverse instance of something, I'd just set the mailer inbox to
/dev/nullor smth to save storage. Or just subject the corpos to the same treatment they subject normal citizens,There's definitely stuff in the rest of the law that addresses how effective your solution needs to be. So just ignoring requests will get you into trouble.
It also would be fraud to name a person who isn't real or isn't aware of being appointed or isn't actually doing anything in relation to the problem. You have to give their name and contact information to the copyright office.
It's fun to think we could stick it to the RIAA if they came knocking, but if you don't have the cash to back it up, you are going to lose that fight.