Conversation

Notices

1. Matt Hamilton (eriner@noauthority.social)'s status on Thursday, 08-Feb-2024 01:58:47 JST Matt Hamilton

   To qualify for safe harbor (as a service provider) under the DMCA, you must register a designated agent at the US Copyright office: https://dmca.copyright.gov/osp/publish/history.html?search=noauthority&id=06a0e40b2f20b4ccdcc5e18ba7e4af1d

   This is unrelated to Section 230.

   If Moon v Greer goes to the supreme court (unlikely), I suspect Moon will lose not only because of his actions (and inaction) in that particular incident, but because he failed to register his website with the US Copyright office and pay them the $6 extortion for safe harbor.

   Ref: https://blog.ericgoldman.org/archives/2023/10/think-kiwi-farms-is-legally-unassailable-copyright-law-might-disagree-greer-v-moon.htm

   • :verified_2:防空識別區𝒔𝒐𝒄𝟶 (adiz@soc0.outrnat.nl)'s status on Thursday, 08-Feb-2024 01:58:46 JST :verified_2:防空識別區𝒔𝒐𝒄𝟶

     in reply to

     • Moon

     @Moon@shitposter.club @eriner@noauthority.social Best of luck to Moon and KF. Will always support those fighting against the tyranny of intellectual property and copyright.

     Token likes this.
   • Moon (moon@shitposter.club)'s status on Thursday, 08-Feb-2024 01:58:47 JST Moon

     in reply to
     @eriner way past time to get a lawyer I guess.
   • Matt Hamilton (eriner@noauthority.social)'s status on Thursday, 08-Feb-2024 08:20:23 JST Matt Hamilton

     in reply to

     • matrix07012 :thotpatrol: :cunnyEmpire:
     • Matty-kun :Christmas_kitty_bell:
     • 313Chris:hellokitty_headbang:
     • 🎓 Doc Freemo :jpf: 🇳🇱
     • † top dog :pedomustdie:

     also tagging @matty, @matrix, @freemo, @dcc, and @admin. I'd also tag p@FSE but I think it's still down.

     I can't think of any other admins off the top of my head.

     I am sorry for the hellthread, I do this out of love.

     matrix07012 :thotpatrol: :cunnyEmpire: and † top dog :pedomustdie: like this.
   • Matt Hamilton (eriner@noauthority.social)'s status on Thursday, 08-Feb-2024 08:20:24 JST Matt Hamilton

     in reply to

     Section 512(c)(2):

     (2) Designated agent. – The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, AND BY PROVIDING TO THE Copyright Office, substantially the following information:

     (emphasis mine)

     ...

   • Matt Hamilton (eriner@noauthority.social)'s status on Thursday, 08-Feb-2024 08:20:24 JST Matt Hamilton

     in reply to

     • Alex Gleason
     • Moon
     • :btrfly: anime graf mays 🛰️🪐

     I'm unsure about your situation @graf given that you're in Canada IIRC, but @alex and @Moon might want to look into this.

   • p (p@shitposter.club)'s status on Thursday, 08-Feb-2024 11:04:14 JST p

     in reply to
     @eriner
     
     > because he failed to register his website with the US Copyright office and pay them the $6 extortion for safe harbor.
     
     The USC is pretty readable on Cornell: https://www.law.cornell.edu/uscode/text/17/512 . 512(c)(2) "Designated agent" is fairly clear that it applies only to subsection (c) of section 512. 512(c) relates to "storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider", 512(n) is explicit about the scope of qualifications applying only to their respective subsections ("Subsections (a), (b), (c), and (d) describe separate and distinct functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection."), and links are covered under subsection 512(d) ("information location tools, including a directory, index, reference, pointer, or hypertext link"). That is, I don't think that the designated agent clause is relevant in the case under discussion, so I will have to disagree with your speculation that Moon would have to register. KF didn't host any of the content under discussion.
     
     Kiwi Farms aside, I am not certain how 512(c) might apply to fedi. You might be correct about this part. Safe harbor's just one of a large number of defenses against a copyright claim, though. Overall, I am not too worried about that. Even without safe harbor, they'd still have to send a C&D and try to work things out.
     † top dog :pedomustdie: likes this.
   • 🎓 Doc Freemo :jpf: 🇳🇱 (freemo@qoto.org)'s status on Saturday, 10-Feb-2024 02:40:25 JST 🎓 Doc Freemo :jpf: 🇳🇱

     in reply to

     • matrix07012 :thotpatrol: :cunnyEmpire:
     • Matty-kun :Christmas_kitty_bell:
     • 313Chris:hellokitty_headbang:
     • † top dog :pedomustdie:

     @eriner

     No worries, thanks for the heads up. I'll check into this and run it by my lawyer for a sanity check. Thanks.

     @Matty @matrix @dcc @admin

     matrix07012 :thotpatrol: :cunnyEmpire: likes this.
   • Moon (moon@shitposter.club)'s status on Saturday, 10-Feb-2024 02:40:33 JST Moon

     in reply to

     • matrix07012 :thotpatrol: :cunnyEmpire:
     • Matty-kun :Christmas_kitty_bell:
     • 313Chris:hellokitty_headbang:
     • 🎓 Doc Freemo :jpf: 🇳🇱
     • † top dog :pedomustdie:
     • p
     @eriner @matty @matrix @freemo @dcc @admin he's at @p right now
     matrix07012 :thotpatrol: :cunnyEmpire: likes this.
   • p (p@shitposter.club)'s status on Saturday, 10-Feb-2024 02:40:35 JST p

     in reply to

     • matrix07012 :thotpatrol: :cunnyEmpire:
     • Moon
     • 313Chris:hellokitty_headbang:
     • † top dog :pedomustdie:
     @Moon @eriner @admin @dcc @matrix You'd be correct!
     matrix07012 :thotpatrol: :cunnyEmpire: likes this.