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Ugh, what a mess. Thought about this for a while today and three thoughts started circulating in my head:
Hire an actual lawyer and get firm legal advice on this issue. I think this would fall to the admins, not the devs. Maybe an admin who wanted could volunteer to contact a lawyer? We could do a gofundme for one-time consultation legal fees.
Stop using pictrs completely and instead use links to a third party such as Imgur or whatever. They’re in this business and I’m sure already have dealt with it and have a solution. Yes it sucks that Imgur (or whatever third party) could delete our legitimate images at any time, but IMHO it’s worth it to avoid this headache. At any rate it offloads the liability from an admin. Of course, IANAL and this is a question we would want to ask a lawyer about.
Needing a GPU increases the expenses for an admin significantly. It will start to not be worth it for quite a few to keep their instance running.
Thanks for bringing up this point. This is obviously a nuanced issue that is going to need a well-thought-out solution.
The GPU doesn't have to be high-end, and can run on someone's PC
Depending on the country, those laws may be different. Here is a story of a guy who ran a TOR exit node in Australia who would have been protected as a company (law was later changed).
https://lowendbox.com/blog/man-found-guilty-of-child-porn-because-he-ran-a-tor-exit-node-the-story-of-william-weber/