Comment on TOS applicability to federated users
freeman@sh.itjust.works 2 weeks agoyes your instance of your user is subject to our TOS.
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.
Rooki@lemmy.world 2 weeks ago
But you interact with us. By “yout 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.
freeman@sh.itjust.works 2 weeks ago
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?
Rooki@lemmy.world 2 weeks ago
We have commonly contact with law enforcement when it comes to CSAM, CP or any life threats against a user.
Like said 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.
freeman@sh.itjust.works 2 weeks ago
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.