I would like a clarification on whether posting on lemmy.world community from another instance constitutes constitutes ‘accessing’ or ‘using’ your website/service and therefore makes me subject to your TOS.
Thanks.
I would like a clarification on whether posting on lemmy.world community from another instance constitutes constitutes ‘accessing’ or ‘using’ your website/service and therefore makes me subject to your TOS.
Thanks.
I can’t make sense of that sentence, I assume you mean users regardless of instance are subject to your TOS if they post in communities in lemmy.world
Which I find bizarre because I am not your user, I have not agreed to your TOS and I am not using your site, API etc deffined
To be clear I am not talking about bans or post deletions, you don’t need a TOS or my consent to prevent me posting in your server.
Rather about stuff section 4.2 and the Our Rights sections where users waive you from any claims, the pseudo-legal stuff. By the same logic a user would be subject to any TOS from any instance to whose communities they happen to post at.Obviously Lemmy can’t work that way.
But you interact with us. By “your instance of your user” i mean the copy of your profile on our server.
We enforce the TOS equally between local users and the instances of federated users that got federated to us.
Does this include stuff like me waiving any claims against you for any action taken in a investigation by you or law enforcement?
In fact care to explain what sort of actions and investigation lemmy.world envisions performing on users?
We have commonly contact with law enforcement when it comes to CSAM, CP or any life threats against a user.
If you dont want anything to do with lemmy.world, please dont interact with us, you can block our instance on newer lemmy instances in your settings. We can remove your content through a ban + content removal if you want it.
We included this in our TOS to protect our services, volunteers and its users.
And they ask you to run your investigations? Because your TOS says ‘any investigations by either us or by law enforcement authorities’
You do not need my consent or any justification to ban me or delete my posts. You can still do that even if I 've never agreed to your TOS, I am not entitled to post on your instance.
It’s the fancy legalese claims of me waiving any claims against your that won’t hold up.
My honest if not friendly advice to protect your services would be to never ever investigate yourself instead of law enforcement as your TOS imply you might. You should also make clear that federated users are not accessing your infrastructure, because you cannot provide any access information to authorities should such a user post illegal content in your instance remotely.
Investigation doesnt mean like we check your browser or whatever, we check our instance ocasionally and check profiles if they break our TOS ( like any instance ).
Investigation is not always like we call the hounds on anyone like police and lawyers. You still interact with our servers, even tho its indirect, your federated user is still on our servers and with it your data. When your TOS doesnt apply to you then we would not even react to reports of you because “you are out of our teritory”, the TOS is a thing for YOUR rights and OUR rights.
We declare it just in a bit more legal way. But this just sums up what the most instances already do, but just dont declare it like lemmy.world does.