this post was submitted on 15 Aug 2023
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You seem to have a fundamental misunderstanding of how federation works and either don't know or don't realize that content is replicated across instances that are federated with each other by virtue of users subscribing to it.
If you are a lemmy.world user subscribed to a piracy community on another instance, then that content is replicated and hosted locally on lemmy.world also. You've never noticed how you can access content that originated on a foreign federated instance and still be able to access that content when the federated instance is down? That content physically resided on the lemmy.world instance until it was blocked.
True. And yet Cloudflare has to maintain its own army of lawyers to defend the constant barrage of lawsuits against Cloudflare claiming that they are facilitating copyright infringement. The average salary for 'Associate Legal Counsel" at companies like Cloudflare is about US $303,400. (source is Cloudflare themselves: https://www.salary.com/research/salary/employer/cloudflare-inc/associate-legal-counsel-salary )...and that's just one of many. They are literally paying MILLIONS of US Dollars a year to defend against that. You think the admins for Lemmy.World have that kind of pocket change?
Also, "caches" are temporary in nature and are different from permanent local copies (which is the model employed by lemmy). There is a technical difference, and even with that technical difference, Cloudflare still gets sued all the time for it.
Will you pay LW's legal fees to prove that in court?
This is an inaccurate statement. Looking just at US law (there's plenty of others), CDN's that reside or operate within the US are required to comply with DMCA takedowns and any other legal requests made of them. Failure to do so jeopardizes their protection under Section 230 of the DCMA. They 100% can be held civilly and criminally liable for what's in their cache. The US provides a pass, by law, as long as they maintain due diligence.
That's actually very similar to what this story about Reddit was all about. The film studios were trying to build a case to have RCN stripped of their S230 protections.
Not that I'm defending this move, but there is a difference between this and your example. iirc, the way Lemmy works, to get content from other instances, this instance "caches" the data and then hosts the data on their server(s) for the users to access. Because of this, the instance is technically hosting the data and could theoretically be held liable in any lawsuits.
Please do correct me if I misunderstand how Lemmy works. Also reading through other comments, it seems like no pirated content is actually hosted on those communities, so I doubt that they could be held liable in the first place.