I hope you’re not going to take this the wrong way
Absolutely not, I also agree, as some others have pointed out, that there have been mishappens with communication, so I’m glad that there’s discussion about the issue. Thanks for clarifying with your knowledge and doing so nicely.
this is not at all what is involved in legal services or remotely the costs involved
To be honest, everything I know about that is what I have read about the number of cases when platforms or other kind of purveyors of piracy are sentenced to or settle paying tens of thousands, or hundreds of thousands or even millions. Those are real cases where the people involved obviously felt very confident about their legal safety. Surely, most of the situations are not like that and don’t even get to be in the news because of how insignificant the resolutions are.
But, is there a way to be sure about what kind of outcome would lemmy.world would get to be completely confident about doing or not doing one thing or another?
Costs for lawyers are typically in the $100-$600/hour range, with very few (top partners at large firms) getting into the $2k-$3k/hour territory. A lawyer with a specialty in intellectual property is going to land smack in the middle of average these days, around $250-$350/hr.
Is that just one time? Is that total to get a safe and definitive resolution? Or is that every time the situation arises? What about companies that exist exclusively to massively send takedown requests? What about copyright trolls? If the instance openly accepts the legal liability, the number of times that this happens will decrease, increase or stay the same?
The reality is, them making guesses - and immediately backing down to any request - is a problem for anyone using their servers. Its a real concern
I guess we go back to the point I tried to make. My position is that the instance admins are not obligated to be a legal shield for the users to have any kind of content that we want on the platform. This is not a privacy-focused nor a free speech-focused service, never has been, data is not encrypted, users have identifiable information, there are commercial services being used to run it, used under another set of TOS and hired with real world legally responsible identities. To say ‘Well the legal cost of keeping piracy on the site is not that high I think’ seems like an unfair position to me.
I do pirate stuff myself, sometimes because it is more convenient, sometimes because it is moral, sometimes is the only option. But I take the responsibility of doing so myself. If whatever site I use decides to shut down tomorrow, I won’t make a fuss about it. Demanding to someone else to face the possibility of legal trouble because it will only take them a few hours and max a couple of thousand dollars and is comfortable to me, is what seems concerning to me.
As I said, I agree that communication has not been great. I can budge on that, even if it is not even my original point. The admins (and all the fediverse really) could more clearly state that everything on this site is basically public. This is not Signal, this is not Telegram, this is not the dark web and this is not a corporation with a legal department. User should be mindful of that when posting. It is precisely people under immoral laws and governments, or concerned about personal safety the ones that need to be careful about their activities, because if their risk is anything greater than downloading a videogame without paying, some guy in another country reaching out to a lawyer for an hour is not likely to provide them relief. I don’t like that, but is the reality. The site should improve on making the users aware of that reality.
About my original point, it seems that we agree that the site is not under any obligation to provide legal shield, whatever legal options exist or not, are costly or not. It would be great if they provided them. I think setting up an operation like this at own cost for free is a show of values and the quality of a person, and I think that would show if the stakes were higher, like the examples you provide. It would also be great that people with expertise in legal affairs, like you seem to be, volunteered to carry on that job, like the admins carry the technical job voluntary. But not them nor you or anybody should be forced to do so. Exclusively the users up in arms almost demanding piracy free-for-all content, are showing unjust entitlement and misunderstanding about how the fediverse works.