When this instance first started, I don’t think it was fully anticipated how large it would get. The place where this instance was when I first stepped up as admin was wholly unsustainable long term. There was little direction as to what the instance’s intentions as a website were, and the specific intentions it seemed to lean towards (being a sort of reddit 2.0) is not something we have the ability to handle. Neither monetarily nor legally.
The expectations that this instance specifically would be replacing reddit nsfw content entirely is not realistic, and the expectations that have been had for what all of lemmy is capable of has been much higher than what the backend side of things is at right now. Rome was not built in a day, and the same is true for communities of this nature. We are utilizing a platform based on a philosophy that hasn’t been widely used outside of email since the early Internet, while now having to work the laws and limitations that the current Internet now presents as well. It’s an experiment, and just like all other communities we have made mistakes and are trying our best while figuring this out together. This is not a business, we are not shareholders, we are simply passionate volunteers.
Right now, our team has been paying attention to concerns and feedback that have been raised. We are currently actively engaged in a discussion of what the next steps are from here. My hasty implementation of the current restrictive content policy was not something to do long term but an attempt to reign in a community with what felt to have little restrictions and many issues popping up. There is a lot that goes on behind the scenes of managing a community like this. The current policy as it stands right now, has been a band aid while we discuss further how to move forward. And we have been.
And thankfully we have a much bigger back-end team than before. What has helped the most to provide insight is that we have a back-end team member who has active experience in hosting adult websites within the legal span of the law. We also have backend team members who are helping to build mod tools not just for lemmyNSFW but with active collaboration with others across instances as well.
As we have discussed rule changes and throwing things at the wall, our biggest aspect has been determining if we are on the same page as a team. Unfortunately, a now previous back-end team member decided that he was not. And that’s ok. However last night, instead of moving forward and deciding that our ethos as a team moving forward isn’t for them there was a post that was made that compiled our original rough draft for new content guidelines and attempted to pass them off as that is going to be our full go to as a community. It isn’t. We are discussing things and hashing things out as a team still but have made significant progress moving beyond what was discussed. When changes occur, we will make a post clarifying such changes. We ask for patience, please.
Thank you for describing the operations in greater detail.
Please don’t take this the wrong way, but frankly it seems to me that your team is cherry picking the laws that you want to enforce.
In reality, >90% of the content here likely violates copyright law and/or privacy law and is illegal in a large swath of jurisdictions. Every year, there are hundreds of people arrested or sued for those crimes, whereas there is no precedent for arrests on fictional bestiality/noncon/dubcon (as far as I am aware). If your team is concerned about legality, I strongly recommend that you review those portions of the law rather than pursuing a unicorn chase on fictional/artistic depictions of content.
Many websites have a critical line in their Terms of Service that users must own the copyright or permission/license from the copyright owners to upload content. Although this is widely disregarded by users on many websites (e.g. Youtube, reddit, twitter), this rule is essential for for the hosting platform lest they be chewed apart by legal authorities. In fact, the entire principal behind a DMCA takedown request is that the party that files it claims that the user who uploaded content does not own the copyright (which should be against the platform’s TOS to begin with).
The legal implication of this is that no content except OC is technically kosher on lemmynsfw.
By choosing to ignore the law with respect to copyright yet aggressively interpret the law respect to fictional depictions of bestiality/dubcon/etc, it appears to me (and I suppose many users) that the admins are eager to ban hentai communities whereas they are reluctant to ban IRL porn communities (many of which also host illegal content).
Keep in mind that many countries also have obscenity laws – although many of these laws are not effectively enforced in many Western countries. Do note that these obscenity laws can be interpreted very loosely, and the UK has taken people to court for “extreme” sex acts such as (consensual) fisting or urethral sounding (although in most cases as far as I’m aware the accused was found not guilty).
Lastly, regarding the variety of laws between countries – the only laws that are effectively relevant is (A) the country the (server) owner resides in and (B) the country the servers are located in. It doesn’t matter if pornography is banned in Iran or Ukraine. Assuming that the server owner and the server itself isn’t located there, Iran has no ability to summon an American citizen overseas to Iranian court. I would, however, advise the porn-distributing American citizen against traveling to Iran, because if they are physically in Iran, there’s always the risk they may be arrested there.
I heard on the grapevine that the server is located in Ukraine though – so perhaps it would be prudent to changes providers on that bullet point.
I don’t believe anywhere has laws that state that website owners/admins are responsible for the content their users upload beyond acting on it once we are informed of infringement. Our responsibility toward copyrighted content begins when a DMCA request is received from the rightful copyright owner.
Part of what we’re working on is the “user agreement” too for the site, specifically that you (the uploader) are responsible for uploading content that you have the rights to upload, and we reserve the right to remove your content if we receive complaints, and possibly ban you if you are getting too many of these strikes.
Copyright is the least of our worries, from our perspective, we qualify as “porn providers,” and that is the definition that we are most focused on and what requirements and responsibilities that carries. Including a big pop up saying “Hey you gotta agree you’re 18 or whatever age your locality requires.”
But most of all, it’s child sex abuse material (CSAM). This is the #1 priority of ours, but loli is still on the radar and a bit worrying, so the focus is to be triple sure we are following the laws (including figuring out which countries laws actually apply).
Again, like I said, we’re basically going out of pocket to talk to a lawyer for this. We’re not trusting our google searches or the advice of posts on the instance. And until then, we’re gonna do the best we can until we get that done.
Speaking to a lawyer is prudent and I think it’s within your best interests to do so.
This is jurisdiction-dependent. While I’m not familiar with Ukraine’s platform versus publisher laws, Section 230 is US law and applies to US hosts and American citizens. I would suggest that you review this with lawyers familiar with the law of the country that @yay (the server owner) resides in and the country that you are hosting in.
As far as I understand, CSAM (for American services/hosts) is also similarly covered under Section 230. Twitter/Reddit/Google isn’t liable for CSAM found on their platform so long as they act promptly to remove it as soon as it is reported.
Personally, I would be a little more concerned than you are regarding copyright, if only because I’ve spent a lot of time in the fan-translation space. Websites that host >90% pirated content (e.g. manga aggregator websites) are much more vulnerable to prosecution under copyright law than a website like reddit, who can argue that they aren’t a piracy website because a minority of their content is infringing copyright and most of it is OC.
Then you don’t understand copyright case history. Safe harbor doesn’t protect you near as much as you think when it’s a clear pattern on the server especially when it’s majority use case.
You’re likely on the hook for several million in copyright lawsuit from rights holders and there’s no warning step they just come down on you one day when the prime function of your service is to infringe. They are not required to go through the dmca process if you’re the target of the suit. Why do you think contentid and similar systems exist? If you aren’t actually trying to keep your service clean of infringing content then you’re going to get curb stomped if you can’t show significant and majority noninfringing use case and that’s not counting the long drawn expensive out legal fight you’d have to make to even try that. Go ask a competent lawyer in the field and they’re not going to give you a rosy picture.
Our goal is to be a safe space for content creators incl models, artists, photographers, writers, and more to share their nsfw content, to have nsfw discussions, and to aggregate links to other sites where content is hosted safely (PH, RedGifs, etc). We do not aim to just have stolen copyrighted content on the site, and if that becomes an issue we’ll address it.
FYI, just so you’re aware – everything that you say in an official capacity as a representative of LemmyNSFW can be used against you as evidence in court.
Consequently, you can’t say: “We do not aim to just have stolen copyrighted content on the site”
As that indicates that your website intends to permit (some) copyright infringing content.
You’re basically forced to communicate: “We do not permit stolen copyrighted content” (irregardless of how tightly or loosely you privately intend to moderate the content). Alternatively, you should add a disclaimer to your posts that “these views/messages do not represent an official stance of LemmyNSFW and is a personal/individual statement” (something like that).
tldr: Just be very careful of what you say, especially as the content in these discussion threads are easily saved across fediverse instances, and people can always dig up your past statements if something ever goes to court.
Yeah their lawyer would have a fuckin stroke if they saw just that one sentence now federated out for posterity.
Jesus. Ya’ll need to touch grass if you’re writing this much about a porn lemmy instance lmao.
It’s an issue that I’ve dealt with for a long time, so of course I have a lot to say about it.
Irregardless of how much you like anime or manga, fan translations are illegal and everyone in the fan translation community knows this. People have seen serious consequences for copyright infringement, and our community has spent many years trying to figure out how to engage in this activity without getting completely busted.