this post was submitted on 15 Aug 2023
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I read it, and it's nutless. I'm hearing "we preemptively protected ourselves from legal liability, showing our willingness to do so again without notice or discussion. However, we pinky promise to not do it again unless we feel like it". And what I'm inferring is that this platform will sell me out if it's legally convenient for them. That's not encouraging.
Yup. Absolutely cowardly. I very much doubt they talked to a decent lawyer. A lot of lawyers (perhaps most) out there will give you dumb opinions, like, "Oh, that sounds a bit wishy-washy to me. I would advise it." Without actually properly sitting down and saying, "Yes it's illegal (or no it's not) in this jurisdiction, based on this interpretation of the law. There have been some cases that suggest this interpretation, etc."
That's not to say the answer is always possible to know. Maybe there hasn't been any similar cases to test some legal interpretation. But the moment these people trot out vague moralizing answers or answers that seem too simple you know they're full of it.
A lot of things are possible if you talk to a decent lawyer that has metaphorical big balls.
Hey, you host your own instance, and you do the legal fights to defend people you don't know at all from elsewhere on the world with your own private money. Good on you! ๐ป