• DogMuffins@discuss.tchncs.de
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    1 year ago

    Legal / illegal is the wrong term here because this type of thing is a civil matter.

    If you were a volunteer admin and receive a cease and desist notice from an expensive law firm with an army of lawyers representing a client with infinite money, what would you do?

    Would you pay your own lawyers out of your own pocket to stand up for your freedoms and rights, or would you just roll over and let someone else take up that fight? Would definitely be the latter for me.

    • Cosmic Cleric@lemmy.world
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      1 year ago

      Legal / illegal is the wrong term here because this type of thing is a civil matter.

      Has it been ever a civil matter for any other company that hosts? I have not heard of any lawsuits of any kind for decades at this point.

      As far as I know this is completely and absolutely settled, with no concern about future litigation possible.

      IANAL.

      • DogMuffins@discuss.tchncs.de
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        1 year ago

        As far as I know this is completely and absolutely settled

        That may be true, but it’s easy to say that as a third party who is not receiving threats of litigation.

        • Cosmic Cleric@lemmy.world
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          1 year ago

          That may be true, but it’s easy to say that as a third party who is not receiving threats of litigation.

          Well I’m not saying it out of ignorance as a third party, I’ve actually read articles going all the way back to the time of BBS sites, where US laws protect those who host these sites from being responsible for the comments that people make that sit on their servers.

          I don’t remember the exact law name right now (IANAL) but I know it exists, I’ve read articles about it before.

          • DogMuffins@discuss.tchncs.de
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            1 year ago

            That doesn’t really address my point though.

            Even if you’re 100% confident that you will ultimately be found blameless, most people would take action to avoid facing a civil suit.

            A well resourced opponent will drag you to consultation. Even forcing you to respond to a legal demand is an arduous task. You might grind through it and even get awarded costs, but you’d have to bear those costs while you’re going through the process.

            Point is, they can still destroy your resolve without winning a case.