Technology
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Hosting isn't necessary, providing access is enough, otherwise The Pirate Bay wouldn't have had to change location again and again.
Hosting is required under DMCA.
Edit: Misread the part about The Pirate Bay.
Previous comment
And The Pirate Bay was banned and blocked hundreds of times, they have many proxy sites for that reason.And the fact that they didn't host the content didn't keep them from being raided and from seeing their servers being seized.
Indeed, and they made them heroes, not villains. The Police Bay was a nice touch.
And DMCA wasn't used as justification for the raid. US wasn't even directly involved. It was explicitly mentioned that US law only applies to the US territory. You are grappling at straws to prove your point that is just false by any factual reading.
If that were the case, Lemmy would be illegal, since it allows you or me or anyone else to upload any image we don't own the copyright to.
They could threaten to sue for facilitating copyright infringement by letting the community do the thing they were just sued (and settled) for.
Once you involve the legal department they'll often tell you it's not worth fighting because although you might win because you're doing nothing wrong, you might need to fight for long enough that the cost won't be worth the effort, see Bleem vs Sony, Bleem won, it went bankrupt regardless.
If you think Discord wants to bother fighting against Nintendo's lawyers, that will find all kinds of technicalities to keep things going, just to protect a community that's pretty meaningless in the grand scheme of things, while they're considering doing an IPO, then you're pretty naive.