Gentoo Archives: gentoo-project

From: "Andreas K. Hüttel" <dilfridge@g.o>
To: gentoo-project@l.g.o
Cc: Roy Bamford <neddyseagoon@g.o>
Subject: Re: Shutting down the Off the Wall (was: Re: [gentoo-project] Call for agenda items ...)
Date: Sat, 12 Dec 2020 12:08:09
Message-Id: 2163585.lZ2vcFHjTE@farino
In Reply to: Re: Shutting down the Off the Wall (was: Re: [gentoo-project] Call for agenda items ...) by Roy Bamford
1 > I have a major concern with the concept of the council
2 > deciding to close any part of the forum. Its like this ...
3 > At present, Gentoo is a common carrier, like the mail.
4 > The content of letters and parcels is of little concern to the
5 > carrier.
6 >
7 > Gentoos status could be changed by a council decision to
8 > close any part of the forum from common carrier to publisher,
9 > were the council seen to be exercising editorial control.
10 > Being a publisher makes Gentoo liable for the published
11 > content. Gentoo could not run the forums at all under those
12 > conditions.
13
14 This is misinformation at best, and deliberate confusion sowing at worst.
15
16 I assume that you're talking about the US legal situation. [#]
17
18 * The DCMA, which mostly pops up when searching for "common carrier",
19 primarily applies to copyright violations. That is not what we are talking
20 about. Even so, the safe harbor provision of the DCMA only applies as long as
21 reported violations are swiftly removed.
22
23 * US legal code explicitly provides a "good samaritan provision" regarding
24 offensive material, protecting blocking or filtering, even proactively.
25 ====================
26 (2) Civil liability
27 No provider or user of an interactive computer service shall be held liable on
28 account of—
29 (A) any action voluntarily taken in good faith to restrict access to or
30 availability of material that the provider or user considers to be obscene,
31 lewd, lascivious, filthy, excessively violent, harassing, or otherwise
32 objectionable, whether or not such material is constitutionally protected; or
33 [...]
34 ====================
35 https://www.law.cornell.edu/uscode/text/47/230
36
37 Cheers.
38
39
40
41 [#] Mostly because (broadly simplifying) only the US focuses that strongly on
42 freedom of speech, while the EU focuses somewhat more on data protection and
43 protection against slander(?). The UK legal situation is insignificant on a
44 global scale.
45
46
47 --
48 Andreas K. Hüttel
49 dilfridge@g.o
50 Gentoo Linux developer
51 (council, qa, toolchain, base-system, perl, libreoffice)

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