this post was submitted on 19 Oct 2023
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Lemmy.World's Content Policy would apply to all content that is hosted by or served by us. "Served" in this case also means showing federated posts to our local users, which can indeed be moderated on our side.
When a cross-instance user posts to a lemmy.world community, or participates in a LW-hosted post, then the Terms of Service keeps its enforce-ability. You may be able to see Lemmy.World's federated content without visiting the site, but that doesn't mean it can't be moderated by Lemmy.World's admins and community moderators. We were previously having software issues where removals did not federate, but that seems to be in the past now.
tl;dr: If it is visible on Lemmy.World, then it is subject to the ToS
I get how this makes sense, but legally this seems clearly false. The end user is interacting purely with their own instance, its their instance that is pushing the content to LW servers. If we're putting on the big boy pants, we might want to make sure they're the right size. There probably needs to be actual legal consideration about all of this, with a particular look into the implications of federation.
Since we both know how federation works, and asking for a boost from an LW's community user ("posting to a Lemmy.world community") involves an active use of LW (does it?)... broadcasting up/down votes or boosts to LW, does also constitute "active use of lemmy.world", or doesn't constitute "access to and active use of lemmy.world"?
Can a federated user get banned for up/down voting or boosting the wrong content on LW? Can it be for interacting with wrong content hosted on a federated instance that actively forwards the interaction to LW because some other LW user happens to be subscribed to the federated community?
BTW, many legislations require an explicit acceptance of the Terms of Use as a "legal document", making that part either meaningless or illegal. How is it in the case of LW's "Kingdom of the Netherlands, and the Republic of Finland Suomen"?