this post was submitted on 28 Aug 2023
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Correct, emphasis mine. As long as they take action when it happens being the key phrase here.
IANAL but from what I understand, doing something to take action (removing content, disabling communites, banning users, all of the above) shows that they are working to remove the content. This is why previously when having conversations with people about the topic of piracy I mentioned DCMA takedown notices and how the companies Iโve worked at responded to those with extreme importance (sometimes the higher ups would walk over to the devs and make sure the content was deleted).
Iโm annoyed at people in this thread who believe that the admins did the wrong thing, because turning off communities could cause users to go to another instance - who cares, this is bigger than site engagement. Iโm annoyed at people who think that the devs had access to code which could prevent this issue but chose not to implement that code - this is a larger and much more difficult problem that canโt just be coded away, it usually involves humans to verify the code is working and correct false-positives and false-negatives.
You misunderstood what I meant by the part that you highlighted of my comment.
I'm speaking of Safe Harbor provisions, not having to take active DCMA actions. They're two very different things.