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215 comments
  • Aw, they actually did the ban. That's unfortunate.

    On one hand, yes, legal liability and all that, but on the other hand half the site is copyright violations. The law only matters sometimes. I say this as someone who has hosted web communities myself, there's no reason to be banning for something like age on these instances, especially when we're talking 16 and not 12. It's unenforceable and trivial enough that there's no legal pressure to do so.

  • PTB, this seems really like they're overstepping their bounds, @[email protected] has clarified the matter.

    Unfortunately this isn't the first time Lemmy.world has done something like this using "legal" as an excuse, and probably won't be the last time. They're too big so they'll never get defederated or penalized by any server wishing to stay even remotely relevant so nothing is likely to change.

  • I'm really not sure how the TOS apply given it opens with:

    This Terms of Service applies to your access to and active use of https://lemmy.world/, it's API's and sub-domain services (ex alt GUIs)(we, us, our the website, Lemmy.World, or LW) as well as all other properties and services associated with Lemmy.World.

    Sag wasn't accessing or making active use of lemmy.world itself. This would be like an email provider blocking a particular address from another service because the user of that address doesn't comply with a part of their TOS.

  • Hey, I’m the one that decided to ban this user. I understand the frustration, but it is very much in the TOS of lemmy.world and has been for a long time.

    We are having an internal discussion to see if there’s room to lower the age to 16 and if we can make exceptions for federated users.

    I hope you see that this really isn’t meant as a powertrip, and we are just trying to protect the Lemmy.world site.

    Sorry if I do not respond to comments quickly, it’s late in my timezone.

  • I think an 18+ rule for an instance that allows porn or federates with porn instances is reasonable. And when you interact with another instance's communities, you are beholden to their rules. And the admin who did it said they're talking about changing the rule. So it's not like they're just trying to be dicks.

    So... I'm going to go with admins did what they had to, sag learned a tiny lesson about not giving people more information than they needed. I don't want to say YDI, though.

  • Gonna go against the grain here and say YDI.

    As others have mentioned, liability. The hosts of Lemmy instances are doing an incredible service enabling us to use this platform for free. And in providing that service, they are also assuming a significant amount of risk in a rather volatile legal environment. The law views a platform that allows ("targets") minors very differently from one that is intended only for adults.

    Additionally, TOS. Its as simple as that. This is not power tripping, this is just enforcement. Even if there was nothing explicity wrong about the behavior, once age is directly mentioned, liability is opened, and their hands are tied.

    As a side note, there is nothing wrong with adult-only community spaces. Sometimes I want to have a discussion without worrying about whether the person on the other end is a literal child - there are enough adults that act like children as it is...

    • "The law discriminates against and limits the freedom of children, therefore they're totally justified!"

      Yeah ok sure

      • For real, this type of apologia is downright disgusting.

      • Wrong way around. The law enforces more protections for children than adults, for which platforms are held to a higher standard.

        Specifically, I'm talking about the higher standards for data privacy, user tracking, and content moderation. These are things that are trivial for large companies to implement, but would be a huge hurdle for small teams of unpaid volunteers.

  • I'm biased here. I'm still against .world and their tendency to use "legality" as a smokescreen. (Blaming it for banning Luigi content right after he axed that United guy has earned my ire forever.)

    However... I'm almost 40, and it was always the rule to never mention your age until it didn't matter. So on the one hand, world loves to use legality to push it's agenda. On the other hand, this is an expected outcome.

    • I agree with you that no one should really mention their age, though I don't agree with you that there's a point where it doesn't matter. You'll find plenty of groups willing to discriminate against older individuals, gaming groups, activist groups, STEM groups, it's weird but it's unfortunately a thing.

      Lemmy.world has a problem with over modderation when it is out of scope in situations like this, they also have a problem with undermoderation letting shit slide that shouldn't like Reddit did. Lemmy.world has a lot of very big problems right now and they shouldn't be cut slack of any of them, even if it is obvious how it happened.

      • This is a weird nit to pick. If you're doing it right, you're only mentioning your age when it doesn't matter (in safe places or places where your age is helpful, versus places like Lemmy where someone will ban you.)

        A good example would be me saying, in this thread, I'm almost 40. Anybody who can use that against me doesn't matter to me.

    • I’m biased here. I’m still against .world and their tendency to use “legality” as a smokescreen. (Blaming it for banning Luigi content right after he axed that United guy has earned my ire forever.)

      .world didn't though. The admins clarified that that was never the policy.

  • You admitted to violating ToS, soooo…. Yeah. YDI.

    Moving forward, know that your choices are:

    1. Be dishonest with your age
    2. Don’t tell anyone abut your age
    3. Read the rules of the instance prior to using it.
    • did he though? He just posted to a community there from lemm.ee . He didn't agree to the ToS

      • He didn’t agree to the ToS

        He didn’t even bother to read it. Which is why he ended up getting banned. You don’t get to waive out of a speeding ticket just because you didn’t bother to read the speed limit signs.

        If I didn’t bother to read the rules of an instance, and then got my shit removed because I violated those rules, I’d just accept that I made an error and walk away.

        So…

        I stand by my YDI.

  • YDI. The instance rules state that minors are not “allowed to use or access the website”. To my knowledge, Lemmy as a whole does not have the infrastructure to age gate content except by users voluntarily filtering out NSFW content themselves. If somebody posts mature 18+ content anywhere on Lemmy and the admins of a server know or at least suspect that an account is ran by a minor who may see that content via federation with that server, the admins may be held legally liable. Implementing an age gated system in the Fediverse that is effective in filtering out mature content is the only way to avert servers being held liable if they know of an account that announces themself (even jokingly) as a minor. It’s not powertripping; it’s covering the instance’s back against an instant and total shutdown. There is a case to be made about hypocrisy and double standards, say with servers that allow and/or endorse piracy, but that is not as dire in the eyes of the law and most people’s morals.

215 comments