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  • Valmond@lemmy.world
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    7 hours ago

    Very interesting.

    I’m making a decentralised open source sharing protocol (have your free cloud drive, website, …) and I very often gets the question about what if my node shares some illegal stuff (because when someone shares yours, you share theirs)?

    It’s all encrypted so a node cannot know what it shares, and if someone asks you to take down abc.xyz then we’ll do it and it should be the end of the story.

    Seems that’s what it would be in the UK at least (and the rest of the EU usually doesn’t have harsher laws for what I know), what are your thought?

    • r00ty@kbin.life
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      7 hours ago

      On the one-hand I think it would be similar to how usenet works now for binaries. That is, once notified under DMCA (for the USA) and likely similar laws in other western countries you’re duty bound to remove it.

      I don’t know if there would be other problems with hosting files when you don’t know what they are. Also in terms of defence against DMCA, how would the original file uploader defend against it when you can’t know what the file is without the key. Person A reports file xyz as infringing their copyright, Uploader B says it doesn’t. Normally you could re-instate it and let the two parties fight it out in court. But, I wonder how it would play out when you hosting the file don’t even know what it is.

      I’m really not sure how it would really stack up against copyright law in general and more specifically laws for truly illegal content (e.g. CSAM), since you could be hosting that and never know.

      Seems a bit more of a risky venture to me and more a question for an actually qualified legal advisor I’m afraid.

      • Valmond@lemmy.world
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        7 hours ago

        CSAM or any illegal content, or is there a specific legal difference?

        The protocol is robust, so if a node removes the shared data, it just goes elsewhere. In-fine it’s the original sharer doing any potential illegal thing IMO but laws are not always logical nor moral.

        Any idea where one would be able to get some answers from some real legal experts? Pro bono ofc 😰.