this post was submitted on 17 Dec 2023
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You are arguing against something I never claimed.
I said that if Facebook wants to copy and republish something (so that they can put advertisements next to it) they will do that through legal ways as posts are copyright protected. The only way they can do that is through openly federating instances that allow republishing in their ToS.
It is totally irrelevant if scraping is legal or not (its a gray area), the questing is rather does defederation stop Facebook from using posts from the Fediverse, and it likely does (IANAL).
We're seemingly talking about different things. I don't think they can put ads next to my content if they scraped it... Then again isn't this how Google works? They even have caches of a lot of the content so you don't need to hit the original one... So we know they store the pages.
I see how if federated it's more of a gray area since it's federated: so maybe they can put ads? Idk seems like another gray area. I wonder how a ToS can be applied from a legal perspective if the content was federated instead of directly posted. Then again Google just looks at a robots.txt file to figure out what/how to scrape. Maybe that should apply here somehow? Idk.
I'm guessing it'll take many years for laws to catch up... And they'll be written by whoever has more money at the time.