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/

designating agents to receive takedown notices from copyright owners and recording those designated agents with the U.S. Copyright Office;

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?

[–] nintendiator@feddit.cl 1 points 6 months ago* (last edited 6 months ago) (1 children)

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/null or smth to save storage. Or just subject the corpos to the same treatment they subject normal citizens,

Dear sender. Your request has been added to our queue for review - might not want a malintentioned party get through safety procedures, wouldn't we? We know you understand us better than anyone. You may get a reply in a period from 48 to 72 days, our staff is very busy but we certainly have you in our hearts. God bless America, Heil Trump, and we'll make the free software communists build the wall and pay for it! Cheers.

[–] GlitterInfection@lemmy.world 1 points 6 months ago

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.

[–] Zak@lemmy.world -1 points 6 months ago (1 children)

If your server has member accounts in the EU, or is publicly viewable in the EU, your service is most likely impacted by this regulation, even if you are not based or hosted in the EU.

I am not pleased by the EU's attempts to assert extraterritorial jurisdiction just because things are viewable in the EU, and I hope that non-EU countries will not cooperate with any attempts to enforce it. Of course they do have jurisdiction over big tech firms that have a physical and legal presence there.

Imagine Russia or Iran doing something similar and the problem becomes obvious. The EU can, of course create a Great Firewall and block internet services that don't comply with its laws, but I think most of its citizens wouldn't tolerate that.

[–] slazer2au@lemmy.world 8 points 6 months ago (1 children)

If you want to do business in the EU then you need to follow the EU rules.

Just like if you do business in the US you have to follow US rules, if you do business in China you have to follow Chinese rules.

Gdpr already showed that if you don't want to you can geoblock EU countries and not have to comply.

Imagine Russia or Iran doing something similar and the problem becomes obvious

Those countries already have rules that if you break the site is blocked. Remember the /r/drugs fiasco from Reddit years ago?
Companies who do business in those countries generally have a dedicated arm to deal with those countries in the form of sovereign clouds or will hire a local company to be a front for them.

[–] Zak@lemmy.world 4 points 6 months ago

The article is aimed at people running fediverse servers, most of whom are not doing it as a business. Someone running a Lemmy server in Brazil shouldn't have to know or care about EU laws.

Companies who do business in those countries generally have a dedicated arm to deal with those countries

So do bigger tech companies that do business in the EU, and that's why they're unambiguously subject to EU laws.