You might be able to force them to if you threaten to DMCA them for hosting your own copyrighted content. Posts and comments on Lemmy are technically literature which is copyright protected, and while you give your own instance license to host them via their Terms of service, you don’t necessarily give the same permission to remote instances like Hexbear.
That fun little loophole with how federation works, you can explicitly request instances exclude you or it can really suck for them. Lemmy should probably have a built-in option for this to exclude yourself in this manner but don’t count on the devs to add it unless people start DMCAing Hexbear and ML to “opt-out” of federation with those servers.
Maybe, I guess it all depends on whether they agree on how transferable said license is, and whether courts or even just DMCA enforcers at a host or registar will agree with that (DMCA safe-harbor provisions encourage providers to act preemptively rather than duke it out in court else they risk losing protection against liability).
Obviously one’s own server’s TOS guarantees they have the license to host their users’ content, but it might not be as clear for other federated servers, since they have their own TOS that protects them in that event, but if the user didn’t sign up there, they aren’t agreeing to them, and they could even reject it and still have their content federated there whether they like it or not.
Seems like it could potentially be a dicey grey area if they chose to pursue federation as copyright infringement. Especially if they copyrighted their comments and posts officially.
You might be able to force them to if you threaten to DMCA them for hosting your own copyrighted content. Posts and comments on Lemmy are technically literature which is copyright protected, and while you give your own instance license to host them via their Terms of service, you don’t necessarily give the same permission to remote instances like Hexbear.
That fun little loophole with how federation works, you can explicitly request instances exclude you or it can really suck for them. Lemmy should probably have a built-in option for this to exclude yourself in this manner but don’t count on the devs to add it unless people start DMCAing Hexbear and ML to “opt-out” of federation with those servers.
CC: @db0@lemmy.dbzer0.com
I think the idea that’s your content will be rehosted by other servers and you give implicit permissions to do so should he part of your tos
Maybe, I guess it all depends on whether they agree on how transferable said license is, and whether courts or even just DMCA enforcers at a host or registar will agree with that (DMCA safe-harbor provisions encourage providers to act preemptively rather than duke it out in court else they risk losing protection against liability).
Obviously one’s own server’s TOS guarantees they have the license to host their users’ content, but it might not be as clear for other federated servers, since they have their own TOS that protects them in that event, but if the user didn’t sign up there, they aren’t agreeing to them, and they could even reject it and still have their content federated there whether they like it or not. Seems like it could potentially be a dicey grey area if they chose to pursue federation as copyright infringement. Especially if they copyrighted their comments and posts officially.