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Lemmy's Image Problem (Updated 02-06-2024)


This entry was edited (3 months ago)
in reply to Sean Tilley

This link has been posted and discussed on Reddit too.

Of course, we shouldn't care about what people on Reddit think (and I noticed this post by chance since I log on there very rarely now), but some users in the thread genuinely ask about joining Lemmy and so I guess it's useful to know about possible obstacles to trying it that they may perceive.

in reply to ConstipatedWatson

That OP has been crying everywhere about the Lemmy devs being mean to him. Saw a few threads of his here on Lemmy.
in reply to steal_your_face

Ya, reading the GitHub issue sounds entirely like burnt out devs being abused by users. It's a massive issue in open source.

The Late Night Linux and Linux Dev Time podcasts talked about exactly this in a recent episode. It can be extremely demoralizing to do all this work for free for a project only to be inundated by ungrateful people demanding you fix something or implement a feature they want. Many open source projects have died because of that.

in reply to CeeBee

while i think there are people like that i think this particular issue is a serious issue that should be handled properly. i think the conversation should have been much professional from both sides, but nonetheless this issue addresses a serious problem.
in reply to spiderman

Why should it be handled professionally? I don't necessarily disagree, but what makes you say that? This isn't a paid job. They aren't working for a corporation. And all of their work is voluntary for a free project.
in reply to CeeBee

Does them working on the project voluntairly, makes them be able to steal code from non-opensource projects, ignore licenses and do other shit like that? If the answer is no, why does working on the project voluntairly lets them break the law in other ways?
in reply to Maalus

steal code from non-opensource projects, ignore licenses and do other shit like that


That's a lot of incorrect assumptions there.

They didn't steal any code. They didn't ignore licenses either. In fact, the only reason they had a judgment ruled against them is because they were taking monetary donations. Which was interpreted as "profiting".

They reverse engineered a process without stealing anything. They didn't even circumvent DRM, which is actually protected by law on the grounds of creating personal backups and data/software preservation.

You're either very ignorant on the subject or you just ate up Nintendo's BS.

in reply to CeeBee

I was talking hypothetically. Are they allowed to do that? If not, then they cannot be noncompliant with GDPR, simple as.
in reply to Maalus

Are they allowed to do that?


Actually yes. The people that run afoul of the GDPR are the people who run the instance servers. The code writers are not the ones legally responsible.

in reply to CeeBee

Yeah, theu are just as legally responsible as admins of instances.
in reply to Maalus

That's going to vary heavily based on regional laws. You cannot make such a blanket statement like that.
in reply to CeeBee

there is a lot of difference between a random internet forum and an issues forum. also that particular issue was made with good faith even though both of them might have gone overboard. people suck a lot and might even make stupid arguments or issues. people stick to your work because they like it and they hope it will continue without dying next day, even though you do it voluntarily. this gives more weight here since their work is more like an internet forum where people voice out their thoughts. given such weight, i think they should have handled it properly, if they did it would not have been made a post or an article. i have no biased opinion for any party here, but since I respect lemmy a lot and doesn't want lemmy to have a bad name, i think their developers should not give in and be unprofessional and give lemmy a bad reputation.
This entry was edited (3 months ago)
in reply to CeeBee

We're not talking about a user demanding you release a flatpak build targeting their personal linux distribution running in a VM'd WSL, we're talking about a consumer facing social app that doesn't include the functionality for a user to delete something they added.

You know what the acronym used for describing the most basic functional web app api is?

CRUD - Create, Read, Update, Delete

This entry was edited (3 months ago)
in reply to masterspace

You seem to know what you are talking about. Have you made a pull request yet?
in reply to pop

Have you learned how to program to fix the problem?

It doesn't seem worth my time to learn Rust just to submit a PR to devs who behave like that, they'll just reject it and be pithy, like they are when a user asks them to comply with EU privacy law.

This entry was edited (3 months ago)
in reply to masterspace

It doesn't seem worth my time to learn Rust just to submit a PR to devs who behave like that


Ya, this is exactly the attitude that burns out devs and kills projects. Congrats for being super entitled towards a free project.

in reply to CeeBee

It is not entitled to expect a published project to comply with basic privacy legislation and not be illegal to use.

If your bar for this project is that much below basic consumer expectations, then this project was always going to fail.

in reply to masterspace

This entry was edited (3 months ago)
in reply to CeeBee

I understand having frayed nerves, I even understand snapping at someone because you're having a bad day, and I do feel sympathy for the devs, and wouldn't hold this against them (especially since they're at least providing a nuke everything option that will address it).

But the line between entitlement and reasonable expectation is not one of monetary compensation.

Engineering ethics does not let you off the hook just because no one paid you to build what you built. If an engineer goes to the park and unilaterally builds a playground that doesn't meet basic legislated safety standards and kills a kid, they're not off the hook. They will be investigated by their professional body and have their license revoked.

Hell if they just build a playground off in the woods on their own private land but don't take reasonable steps to prevent kids from accessing or using it then they will have their license revoked.

in reply to masterspace

Hell if they just build a playground off in the woods on their own private land but don't take reasonable steps to prevent kids from accessing or using it then they will have their license revoked.


Sure, but if you want to extend the analogy that far, then the devs are just posting free plans online on how to build a playground. It's the instance owners who physically build the "playground" and are liable.

in reply to CeeBee

Again, that does not matter. If an engineer published those plans online and you built it and your kid died they would have their license revoked and face likely criminal liability.
This entry was edited (3 months ago)
in reply to masterspace

There's no equivalent to a licensed civil engineer in programming.The proper analogy is just anyone putting up those plans.

Why do you keep adding new parameters to these analogies? It's such a simple concept but you are determined to prove your opinion, that the devs should acquiesce to your point of view, no matter what.

in reply to CeeBee

in reply to CeeBee

Is it entitlement if it's making using the entire thing illegal everywhere? Since there is no tooling to block traffic from the EU / not federate with instances that don't comply with GDPR?
in reply to Maalus

Is it entitlement if it's making using the entire thing illegal everywhere?


No. It's the dev's project. They can do whatever they want with it. They can delete the repo and go live in the woods if they want.

To be clear, I don't agree with the stance they have taken. But I also see the kind of reactions there are far from what people are making it out to be. I think the people complaining about the devs being "mean" are just hypersensitive and have never been told "no" their whole lives.

Like I said, I disagree with the devs' position to not implement this feature. It's been highly requested, and for good reason. But this is a free project. If they say no, then it's no. If we don't like that decision, then maybe we need to move somewhere else.

It sucks but sometimes that's life.

in reply to CeeBee

I don't care if they are mean. The app isn't GDPR compliant. That's what matters.
in reply to Maalus

Fine, that's what matters. Then ask them to implement it or write it yourself.

And if they say no, then that's your answer and Lemmy instances within the EU will need to move out of the EU or just shut down.

in reply to CeeBee

They can't be in the EU or the US. That cuts like 99% of them off. That's exactly my point - they don't want to implement something that makes the app illegal with 99% of the userbase being from there.
in reply to Maalus

Ok, then it's time to jump to another platform
in reply to masterspace

we're talking about a consumer facing social app


What we're talking about is a complete free and open source project that's built and maintained completely through volunteer labour.

There are zero obligations towards the people actively using the software.

While I agree that the functionality should exist, the devs can literally do whatever they want. Nobody is paying them.

Edit: you're also seeing only a single instance of a conversation. I can guarantee that the devs have been dealing with asinine and demanding users for a while now. There comes a point where your patience wears thin.

This entry was edited (3 months ago)
in reply to CeeBee

There are zero obligations towards the people actively using the software.


Yes, there are, and that obligation is to not publish something as production ready if it is illegal to use because of how it's built.

I'm a software developer, I understand exactly how frustrating user demands are, that was still a completely and utterly unacceptable way to respond to a very politely worded request for software that literally just doesn't break privacy laws to run.

As the commenter pointed out, if you don't want to fix it, fine, but then you absolutely have a moral, ethical, and professional obligation to document that clearly in your README.md.

This entry was edited (3 months ago)
in reply to masterspace

in reply to CeeBee

The word obligation is not as narrow as you're using it:

obligation
/Əb″lÄ­-gāâ€Čshən/

noun
A social, legal, or moral requirement, such as a duty, contract, or promise, that compels one to follow or avoid a particular course of action.
"Are you able to meet your obligations?"
"I have an obligation to attend their wedding."


Does he have a contractual obligation? No, no contracts were signed. Does he have a legal obligation? No, the license file in the project absolves him of legal liability.

But he absolutely has a moral, social, and professional obligation to do so.

in reply to masterspace

If you want to apply such a better definition, then you have an obligation to learn Rust and submit a PR to bring the project into compliance. You have a societal obligation since you are aware of the issue and use Lemmy.

You owe it to your fellow Lemmites. Lemurs? Lemmings? Whatever the term for a Lemmy user is.

in reply to CeeBee

All I have an obligation to do is give back to society, and I do so through taking care of my parents and grandparents, volunteering teaching classes every weekend at the community center, volunteering to upgrade and maintain an app for a non profit, donating to charity, open source projects and news organizations, helping my elderly neighbours with their snow and leaf clearing, etc.

And if you find one of my open source github projects will cause a user to violate a local law, kindly file an issue and I'll immediately update the README.md and take it down until the issue is fixed.

This entry was edited (3 months ago)
in reply to masterspace

And if you find one of my github projects that will cause a user to violate a local law, kindly file an issue and I'll update the README.md / consider taking it down until the issue is fixed.


100% your prerogative.

in reply to CeeBee

Nope, it's my moral, ethical, and social obligation as a person, my professional obligation as a professional software developer, and if I had bothered to file the paper work for my engineering license, would also be my legal obligation as an engineer.
This entry was edited (3 months ago)
in reply to masterspace

Again, 100% your prerogative. No one is forced to use any of your software. The only time you must fix it is if you have a contract that outlines those conditions or you are selling licenses to customers in the EU.
in reply to CeeBee

Again, you are narrowing the definition of "obligation" to just legal and contractual.

If you just want to think about yourself and how you interact with the world through legal and contractual terms, good luck, it will be hard and miserable and you will be disliked. Otherwise you do have moral, ethical, and social obligations for everything you put into society.

This entry was edited (3 months ago)
in reply to CeeBee

That's how a Minecraft server I ran died. Too many people telling me how to run it and trying to break things when I was asleep.
in reply to Flax

Ya, I know exactly what you experienced. It sucks and it's why we can never have nice things.
in reply to CeeBee

What I truly don’t understand is why the negative eggs that you WILL ALWAYS HAVE NO MATTER WHAT, read it again, ALWAYS HAVE NO MATTER WHAT, gets so much mental attention than the many more people who are actively applauding you and saying their thanks and giving you their praises.

I will never understand the focusing on the negative I guess. It’d be easy as fuck for me to ignore people’s assholeishness while still taking their badly typed criticism and improving (if I reasonably can).

Shit, it makes me feel like the fucking champ when some random persons says thanks for something I did, and I laugh and ignore the ones who don’t like what I do.

But hey, if focusing on the few negatives instead of the mountains of praise is what you want to do, it’s all yours.

in reply to LucidNightmare

Imagine you get approval to build a new park and playground for your neighbourhood. You spend hundreds of hours designing the plan and layout and you spend incredible amounts of your own money to get the resources.

You get to work and things are going well. As you near the end of months upon months of work, the park finally opens for families and kids to use.

As you're standing there proud of your work, some people come over to you. Do they say "thank you!" or "you did amazing work"? No, they come over to complain about things that are missing, tell you what you should have done better, that you didn't accommodate their each specific needs, etc.

You would very quickly get bitter and demoralized.

Like I mentioned before: this is a massive problem in the open source development world and has killed many great projects. This has nothing to do with "mental attention" and everything to do with users abusing the devs and their time.

in reply to CeeBee

In your analogy, the park didn't follow any safety guidelines and people are dying on the rides and falling into a lake with piranhas.
in reply to Maalus

the park didn't follow any safety guidelines and people are dying on the rides and falling into a lake with piranhas.


In my analogy it's a park with trees, bushes, rocks, and slides. I said "park in your neighbourhood" not "mega-extreme rollercoaster park". I also said "you got approval" which is generally from the city or other governing municipal/county/regional body. And that also requires a plan to be submitted before approval is stamped.

So no, what you did is make up a bunch of crap to strawman my argument and try to make what I said wrong in some way.

Nice try.

in reply to CeeBee

They by definition didn't "get permission" if they are noncompliant with GDPR.
in reply to Maalus

Are they in the EU? No? Then they don't need that permission.
in reply to CeeBee

Are they in the US? Then they need that permission too.
in reply to Sean Tilley

Was going to say "another one of these?" but, wow, the article really further highlights the childish nature of the Lemmy devs... Can't wait for Sublinks to reach feature parity and become main stream, so we can leave this dark phase behind.
in reply to chiisana

Yeah same. I've been looking forward to sublinks for quite a while now. I'm jumping to it as soon as it's ready
in reply to TxzK

What is sublinks?

Update: there was a link in the article, thanks though!

This entry was edited (3 months ago)
in reply to toasteecup

https://sublinks.org/

"Sublinks, crafted using Java Spring Boot, stands as a state-of-the-art link aggregation and microblogging platform, reminiscent yet advanced compared to Lemmy & Kbin."
in reply to TxzK

Yeah, I'm pretty excited about it. Apparently the Pangora (Lemmy fork) dev joined forces, and the new UI is starting to look great.

https://bytes.programming.dev/notes/9qi6rc2avj3gn9dx

in reply to chiisana

It's honestly mind-blowing. At every turn, for no reason at all, they act like a bunch of dicks. It's like they decided to run a community project based on engineering prowess alone, and nothing else.

Except the engineering isn't all that good, either.

in reply to TxzK

Well yeah? The only countries accusing China of mishandling the ETIM in Xinjiang (an issue created by the US through Afganistan btw) are the ones committing an actual genocide in Palestine, i.e imperial core countries. The Organization of Islamic Cooperation, Global South and Muslim countries in general are against the western propaganda about it.

Image/Photo

20 . Welcomes the outcomes of the visit conducted by the General Secretariat's
delegation upon invitation from the People's Republic of China; commends the
efforts of the People's Republic of China in providing care to its Muslim citizens;
and looks forward to further cooperation between the OIC and the People's
Republic of China.
This entry was edited (3 months ago)
in reply to Arelin

in reply to TxzK

And on .ml you get banned for saying otherwise. Check their modlog.
in reply to RubberDuck

Yeah, one of the project devs threatened to ban me after I told him to get past his own ego.
in reply to Sean Tilley

Par for the course. I hope for them they don't break the ethics clauses of their financing.
in reply to Sean Tilley

You're being dense, the reason is devs get burned out and you're asking them to do work for free.
in reply to sacbuntchris

This entry was edited (3 months ago)
in reply to chiisana

You don't understand how open source works. You are not entitled to any features. Let the devs go on their own pace. A lot of open source projects shut down because of similar reasons.
in reply to Eyck_of_denesle

This entry was edited (3 months ago)
in reply to Eyck_of_denesle

Likewise, an open source project can totally die if they refuse to engage with the needs of the users. The lack of moderation and content management tools have been a longstanding criticism of Lemmy, and instances will migrate to alternatives that address these concerns. It is a genuine legal liability for instance operators if they are unable to sufficiently delete CSAM/illegal content or comply with EU regulations.
This entry was edited (3 months ago)
in reply to Emily

But opensource projects are more likely to get dropped by devs than losing their userbase from what I've seen. I could be wrong. Both our points are true. That's the best part of fediverse. If one doesn't like lemmy, they are free to choose an alternative. I just don't agree with demanding features from open source developers. There is a distinct line between demanding and requesting. I'm not saying lemmy is perfect. Maybe Sublinks would be better. Let's wait. But even Sublinks won't be sustainable if users do not respect developers time and patience.
This entry was edited (3 months ago)
in reply to Eyck_of_denesle

I think there is also a distinct line between demanding, for example, a new animated avatar feature and demanding a way to delete child porn.
in reply to Eyck_of_denesle

You don't know how social networks work. They only survive based on network effects, if they don't have the most basic functionality that users expect (like complying with privacy legislation), then they will fail to reach critical mass and be outcompeted and die.

If the devs don't want to provide the most basic functions that any user of a social network would expect, they're welcome to be downvoted to hell and have their project go back to being one of the millions of forgotten and unviewed personal github projects.

Open source projects die because it takes both technical talent and attention to your users to make a project successful, and for-profit companies often pay different people to do those.

This entry was edited (3 months ago)
in reply to masterspace

The entire point of the “fediverse” is to combat the network effect. Don’t like Lemmy? Move to another app and still communicate with people on Lemmy. Plus it’s all open, can’t find an app you like? Build one or wait for someone to build one you like.
This entry was edited (3 months ago)
in reply to DrCake

The entire point of the “fediverse” is to combat the network effect.


No, it's not.

The purpose of the fediverse is to decentralize control of the network, it does not eliminate network effects in any way shape or form. At the end of the day a social network is only as valuable as the users using it and contributing content to it. If they don't find lemmy pleasant to use, they're not going to say "let me jump to mastodon" they're going to go to Reddit.

Build one or wait for someone to build one you like.


You really don't understand network effects if you think you can just sit around and wait for basic functionality and expect your network not to die.

in reply to Eyck_of_denesle

We can expect them to follow the law. And yes this means implementing required features to comply with the law.
in reply to RubberDuck

Nothing here is breaking any laws. I don't know why OP thinks the GDPR applies here, it doesn't.
in reply to SupraMario

It does apply, but not to the Lemmy devs, but to the instance admins.

As it stands, you can't legally host a Lemmy server in either the EU or the US (or places they can reach) and federate with the 'verse at large without fear that the authorities will come after you.

in reply to maynarkh

This is not true at all, you can host a instance in the USA for free and not be subjective to the GDPR. You're not selling anything, or marketing anything or doing any data collection to be sold. It %100 does not apply.
in reply to SupraMario

GDPR article 3, and the EU-US Data Protection Umbrella Agreement concluded in the US in December 2016 which makes it US law disagree.
in reply to maynarkh

Yeah no it doesn't.

https://gdpr-info.eu/art-3-gdpr/

Go read it ffs.

in reply to SupraMario

Lemmy instances offer services to me as an in-EU data subject, and that makes it subject under the very Article 3/2 (a) you linked.

the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union


Since there is federation, a US-based instance would still be a data processor if it IP blocked be as coming from the EU.

I did in fact read it.

This entry was edited (3 months ago)
in reply to maynarkh

Read the rest of it, instead of cherry picking shit. The instance needs to be collecting your data and selling it or making some sort of money off of it.
in reply to chiisana

I disagree strongly that they are childish. They are 100% correct in what they are saying here. Also this article doesn't "highlight" their behavior, it's actually "cherry-picking" behavior that puts them in a bad light. Similar to tabloids read by the lowest iq crowds.

You don't demand anything from open source devs. You feel gratitude for what you have.

This entry was edited (3 months ago)
in reply to 1984

Your name is 1984 but you tell us to ignore the harm caused here and feel gratitude instead? Is this as parody account where you post the most propagandized, uncritical, willfully ignorant comment you can on any given topic? If so, well done!
in reply to Cagi

It's my only account and it's my honest opinion about this. Take that as you may.
in reply to 1984

I take it you are a person who is too blinded by open source fanaticism to understand that there is a difference between critically thinking advocacy and unthinking worship. Being an open source project doesn't make it infallible or source for good by default. Telling victims of negligent design to be grateful is deeply problematic. Your opinion should change.
This entry was edited (3 months ago)
in reply to Cagi

You are free to build your own platform without the "harm caused here".
in reply to chiisana

Java is horrible. And Lemmy is open source. We could just fork it and have the best of both worlds.
in reply to asdfasdfasdf

The core issue here is that there are too many things to do, and too few developers to do them. By the way, for a huge number of these things that need to be done, there is most likely at least one person who thinks it’s the absolute highest priority for Lemmy. Forking would not help fix this issue, it would only make it worse.

In other words: if you’re a Rust dev, you can just fix it in Lemmy anyway, so there is no benefit from forking. If you’re not a Rust dev, then after forking, you will have a new repo to create issues on, except you’ll have 0 devs to actually fix them.

in reply to Sean Tilley

The fact that Lemmy’s core team is taking a fairly laissez faire position on moderation, user safety, and tooling is problematic, and could be a serious blocker for communities currently hosted on Lemmy.

At this point, most of the solutions the ecosystem has relied on have been third-party tools, such as db0’s fantastic Fediseer and Fedi-Safety initiatives. While I’m sure many people are glad these tools exist, the fact that instances have to rely on third-party solutions is downright baffling.


Honestly, what? Why would be baffling to have third party tools in this ecosystem? It would be baffling if that was the case for Facebook.
Also the devs did work on some moderation features, but they probably have tons of other stuff to work on, all for an amount of money which is a low salary for one developer.

in reply to sudneo

This entry was edited (3 months ago)
in reply to Sean Tilley

This entry was edited (3 months ago)
in reply to sudneo

Yeah it's open source, 3rd party tools existing is kinda the point really. If these people care so much then they should be working on making tools to address the issue, or funding someone to do so.
in reply to Anders Rytter Hansen

If an entity isn’t in Europe it shouldn’t be a problem at all.
in reply to Quokka

That depends and should depend on what the instance is used for and whom it is used for.
in reply to RubberDuck

If it's an instance open to anyone, it's up to Europeans to not participate if they don't want to.
in reply to Quokka

Yeah unfortunately that's not how the law works.
in reply to RubberDuck

Actually it is :)

Not located in the EU, not targeting the EU, and under 250 employees means no GDPR to worry about.

https://commission.europa.eu/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en

This entry was edited (3 months ago)
in reply to Quokka

From your link:
- a company established outside the EU and is offering goods/services (paid or for free) or is monitoring the behaviour of individuals in the EU.

A social networks core purpose is processing data, processing of data does pose risks to people.

I doubt that privacy watchdogs will pursue smaller instances, but pretending it never applies could lead to legal issues.

This entry was edited (3 months ago)
in reply to RubberDuck

Eh i still dont think itd hold up.

But more reason to hate European arrogance. Imagine if i could go to say your blog, comment my name and address, and sue you for not going into your database and scrubbing it all. Just another way to benefit big companies at the expense of individuals who dont have the tech skills to comply but want to run their own personal sites.

in reply to Quokka

Such an ignorant stance. Privacy is an individuals RIGHT. It should have been the defacto stance for everything.

You allowed the corporate fuckery to cloud your thinking it is too much to ask for. It isn't. And GDPR compliance is usually straightforward.

  • is the data required to do what you and the user agree, then be explicit on why and store it. (So the content of a post is required, anything else is not).
  • Do not use data for purposes not explicitly agreed to with the user and remove any data no longer nessecary.
  • certain data can NEVER be stored unless legally required to do so.

If the blog platform in your example had an option to "delete my account" and it would then completely scrubbed this would be plenty compliant probably. As would the option for people to comment without storing anything but the comment.

in reply to RubberDuck

It is, which is why you have the RIGHT not to use a public space and push your information out to millions of people. You explicitly agreed to it the second you started doing it.

And if it didn’t? If it’s just a simple piece of software made by two people? Should they drop everything to cater to European demands?

Europe invaded the world, then turns around and tells the world to respect its self imposed rule it enforces on others. We can’t even host our own space on the internet without you invading and threatening us to operate your way. The only safety we apparently have is in our small size means we might escape notice.

It’s utter arrogance.

in reply to Quokka

Europe funds them. Check where they got their money.

Requiring people (yes also tankies devs) to respect human rights as outlined in many treaties is not a fringe stance.

The GDPR was implemented to require entities to respect human rights by giving privacy watchdogs some teeth. It's not some strange law people made because they felt like it. It is apparently needed because privacy is just some silly concept to some people.

If you don't understand all of that, maybe just sit down and be quiet.

This entry was edited (3 months ago)
in reply to RubberDuck

To be precise, it's not devs that need to worry about GDPR, it's instance admins. I don't disagree with you, but I think it's an important distinction to make.
in reply to sudneo

Fair point, it also requires privacy by design though.

And again, why not invest some time into actually respecting privacy. Storing all sorts of info through a framework that is not needed. And at least discuss what is needed and for how long.

It is a work in progress, but there is no need to be hostile about these requirements by people against these rules.

This entry was edited (3 months ago)
in reply to RubberDuck

in reply to Quokka

Or the US. The US enforces GDPR on behalf of the EU. If the US catches you with misusing EU citizens' data, they will let the EU take 10 million off your accounts and/or close your instance.
in reply to Sean Tilley

Lemmy devs being man children when confronted with GDPR compliance.

And if Lemmy if supposed to better Reddit in basic fucking decency then GDPR is absolutely crucial.

in reply to Murvel

how are you supposed to do gdpr compliance on a federated system though?
in reply to Jumuta

You can't and this is a shit article...the GDPR doesn't apply to instance outside of the EU....

The GDPR even applies if no financial transaction occurs if the US company sells or markets products via the Internet to EU residents and accepts the currency of an EU country, has a domain suffix for an EU country, offers shipping services to an EU country, provides translation in the language of an EU country, markets in the language of an EU country, etc.


https://www.dickinson-wright.com/news-alerts/what-usbased-companies-need-to-know#:~:text=The%20GDPR%20even%20applies%20if,language%20of%20an%20EU%20country%2C

Literally people using the GDPR like it's some gotcha thing for admins. If nothing is sold or offered to be sold and their is no financial gain it's not going to apply. On top of that good luck suing a FOSS dev.

Edit: that downvote button does jack shit on Lemmy people. If you think I'm wrong why not prove that I'm wrong...and why a bunch of law firms are wrong as well.

This entry was edited (3 months ago)
in reply to SupraMario

in reply to maynarkh

And this is why misskey is a mastodon instance that just blocked access if the person is from the EU, it's too much to ask for devs in a single digit that survive by donations or their own pocket money, this is a hobby for them.
in reply to yamanii

Yeah, their main income is from a Dutch based EU fund to help Foss projects. So maybe, just maybe they can then fix issues in following dutch/eu law.
in reply to yamanii

Did they defederate from all instances allowing access to EU citizens? If not, they are still liable, as they are scraping EU citizen's data for federation. Even usernames are personal data according to the GDPR.
in reply to maynarkh

in reply to SupraMario

No it does not, the instances are free, no one is making money off user data or selling anything to the user. It does not apply period.


As per official EU communication:

The GDPR applies to:
  • a company or entity which processes personal data as part of the activities of one of its branches established in the EU, regardless of where the data is processed; or
  • a company established outside the EU and is offering goods/services (paid or for free) or is monitoring the behaviour of individuals in the EU.


Lemmy instances are entities that offer free services and are arguably monitoring the behaviour of individuals in the EU through federation. From the perspective of the GDPR, there is no difference between Facebook and a Lemmy instance regarding what they can or cannot do, or whether they get fined for something.

You need to read up on the GDPR yourself.

in reply to maynarkh

What personal data is being processed by a Lemmy instance, what are they processing that's being sold in the EU? The GDPR does not apply here, stop trying to wiggle it into something it's not.
in reply to SupraMario

Usernames at the very least, as online identifiers.

Art. 4 GDPR Definitions

For the purposes of this Regulation:

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;


And they don't need to be sold, just retained. GDPR applies even if there is no payment anywhere, even to non-commercial entities.

This entry was edited (3 months ago)
in reply to maynarkh

Usernames are not PII...the GDPR only applies if someone is making money from the service. It does not mean just because your site is free but hosts ads or sells user data it's exempt. Lemmy instances do none of this.
in reply to SupraMario

Usernames are not PII


What do you think an online identifier is then? And why would the GDPR only apply if there is money made? It specifically says in multiple places free services also count.

in reply to SupraMario

Use this for starters https://www.eff.org/deeplinks/2022/12/user-generated-content-and-fediverse-legal-primer
in reply to Dame

Nothing in there about the gdpr... literally 0, because it's not part of hosting a forum that doesn't host private user data or collect non essential cookies.
in reply to SupraMario

Why are you trying to be an authority on GDPR without even reading about what it is?

GDPR applies to all personal data of people currently in the EU. If you have a service that uses data from a person in the EU, you need to comply with it. It's not some "gotcha" law which goes in effect once you make money.

in reply to Maalus

What personal data is a Lemmy instance holding onto?

I'm pointing out how much bullshit is being spread in this damn thread by people who don't understand the law. You're the same damn users who get pissy with forums and demand action be taken using a law you don't understand.

in reply to SupraMario

You are the one who doesn't understand the law.
in reply to Maalus

Says the guy who's literally arguing with what lawyers in the USA say about the GDPR...good one.
in reply to SupraMario

Show me a lawyer that says "if you are processing data of EU citizens you can't get fined in the US". You don't know anything about GDPR. It's not some toothless law that only works in Europe.
in reply to Jumuta

You are responsible for data collected by your own instance. If a deletion request comes through, you are responsible for deleting it from your account, and forwarding the deletion request and responses to other instance you federate with. You are in the clear as long as you don't keep data you legally can't, and have sufficiently informed other instances of your obligations.
in reply to maynarkh

No, if you collected the data and shared it with others, simply informing the others is not enough. This is why the platform needs tools for admins to comply.

A proper method, that allows the users to nume their account could already be enough.

in reply to RubberDuck

What I mean by informing others is that you have to explicitly forward the deletion request. Not much else you can do I think.
in reply to maynarkh

I get that, but this is where it gets tricky. As "there is nothing we can do" was the number one reason used under the law predating the GDPR. So in the GDPR there is a stipulation that you stay responsible or share responsibility with the other party If you share the data. Because large companies used this to send data through clearing houses allowing them to hash their hands.

GDPR is really the cranky brother of its predecessors, because there was so much fuckery going on.

And while I doubt Admins will be a prime target for privacy watchdogs, it is good that they also have to think about the privacy of their users. Since privacy is a basic human right.

in reply to RubberDuck

Oh, that's actually neat. But at the same time, that means every instance owner is responsible for the whole of the Fediverse.

I can imagine that would mean non-compliant instances will get defederated at some point? Or ActivityPub will get some compliance features? It's not like the EU is unaware of the Fediverse, they are the main monetary supporters behind Lemmy.

in reply to maynarkh

I have no clue how jurisprudence would turn out. But keep in mind, this is not about the posts people make. The framework just needs to collect/store as little information as possible that can be considered PII. And it should have a way to remove it.

If Deleting your account results in the PII actually being removed (username, ip address, other profile info, whatever data is stored under the hood) and these removals actually get federated.. there should not be an issue.

Then admins maybe have to do something if people start posting PII as messages, but that would probably be doxing and up for removal anyway.

So mainly the issus boil down to:
- is there a way for people to scrub their account
- does the scrubbing remove all the data
- is the platform clear about what data is being collected and is all collected data actually needed

in reply to RubberDuck

The issue I see is that if my instance is on the hook for the fediverse at large, and I operate on an allowlist basis, malicious actors can scrape PII and ignore the GDPR, and that would make me the one on the hook for that, isn't that right?
in reply to maynarkh

There is plenty of jurisprudence and clarity needed, so..... maybe. Hence the importance for the framework itself to be as GDPR compliant as possible and not store PII if not nessecary and remove it once no longer nessecary. (Storing someone's IP for login, and post validation, bans etc should be limited to the period that makes sense, not infinitely.)

And in your example, the 'malicious' part of the 3rd party probably makes it different. Maybe then it is a dataleak.

in reply to Jumuta

  • By defining all information that is processed and why.
  • By not processing and storing any personal identifiable information (an IP address is PII for example) without a clearly defined need.
  • When stored ONLY using data for the defined purposes. This also means shielding data that should be shielded.
  • By implementing the mechanics for someone to be forgotten (delete my account, should delete all info, especially PII).
  • Making sure the mechanics to federate these changes/deletions exist.
This entry was edited (3 months ago)
in reply to Sean Tilley

Hey everyone, I just wanted to thank you for the lively conversation and thought-provoking insights. We don't have to agree on every point (or at all), but I've decided to synthesize a lot of thoughts and ideas from these conversations into a blog post: https://deadsuperhero.com/2024/03/economic-musings-on-federated-networks/
in reply to Sean Tilley

This entry was edited (3 months ago)
in reply to rglullis

The problem sort of is capitalism right? These public good projects should have public funding. Imagine if the public funding for open source software projects was like that of the Apollo program in the 60s (2.5% of gdp).
in reply to laverabe

I am not sure I'd be using any mass communication platform that is primarily developed and/or funded by any government.

But anyway, I really don't like to use hypotheticals as an excuse to not take action. Yes, it would be better if there was more public support for open source. But it doesn't. Should we just shrug our shoulders and do nothing on our own? Why give away our agency?

This entry was edited (3 months ago)
in reply to rglullis

I am not sure I’d be using any mass communication platform that is primarily developed and/or funded by any government.


One could argue you're using one now.

in reply to laverabe

Personally I believe that yes open source should be created by governments for the global good, that open source should be created by people studying PhDs and that community commons projects should be part of schooling with students learning how to use and contribute to them.

However the main brunt of open source should be created by people who simply want it to exist because we will always outnumber and outperform government workers and students.

Personally I would love to see a world where contributing to community projects is something everyone does as part of their life, not only because it'll create more open source but because I think it'll be a much healthier community if we stop seeing everyone else around us as competition and start seeing them as fellow workers in the project to improve life for all.

in reply to Sean Tilley

I generally think these guys are being a bunch of assholes.

However, some people in the comment threads challenged my point of view, and stated that users have no rights to demand anything from developers who give away their work for free.


I can't imagine why the devs or others wouldn't be receptive when that's how you start off

in reply to Sean Tilley

in reply to onlinepersona

I have a better example. What if a small company made pills or medical devices. Do they get to be noncompliant with the EU law, and tell their patients "we won't get a medical license, there is too few of us to do it"? If you aren't okay with that, you aren't okay with lemmy being noncompliant GDPR-wise
in reply to Maalus

Beautiful example of a commercial company selling products to customers 👍 My questions to you:

  • are the lemmy devs a commercial entity who paying clients are dependent on for making a closed source solution that nobody can modify?
  • who is non-compliant for failing to remove personal data form the database and filesystem? the admins who have access to the database and filesystem or the lemmy devs who don't?
  • if the people complaining are so concerned, why do they not contribute the code to fix their perceived issues?

CC BY-NC-SA 4.0

in reply to onlinepersona

Are lemmy admins handling EU information? Yes. Do they offer services? Yes. It doesn't matter if free or not. Hosting a lemmy instance that allows EU users is therefore illegal.
in reply to Maalus

Ah, I see. You're answering your own questions with the answers you like. Do you even need me to agree with yourself?

Let me guess: "no".

If you want to read your opinion typed by somebody else, I suggest you get a secretary. I'm not here to indulge in your fantasy.

CC BY-NC-SA 4.0

in reply to onlinepersona

Ah, so now that it is really plainly explained and you have no arguments (since you never did) you start complaining and poisoning the discussion. Good job.
in reply to onlinepersona

Of course the Lemmy devs aren’t liable for GDPR violations; the admins are. That doesn’t eliminate the problem, though: if the Lemmy devs wish to see their software used as it is now in the long term, they need to introduce GDPR compliance tools. We should consider it gravely concerning that bad actors (e.g., a Reddit employee) can set up Lemmy admins for a massive GDPR suit at any moment.

Edit:

if the people complaining are so concerned, why do they not contribute the code to fix their perceived issues?


I know it’s a stereotype around here, but not everybody on Lemmy is a programmer with free time.

This entry was edited (3 months ago)
in reply to Sean Tilley

Oh hey it's the article that drove me to become a sponsor of the lemmy project, for every demand and complaint there are many of us who are in solidarity with Lemmy devs and I'm happy to provide material support. This isn't a business and this is a website to use for fun. There is no way GDPR would ever apply to this, it would require a complaint with merit and the instance owners to refuse to cooperate. There are no enforcement actions on GDPR against private individuals that don't also include criminal charges in the EU. You can literally look up every GDPR enforcement action.

Also it's March not February

This entry was edited (3 months ago)
in reply to hamid

GDPR applies to any entity that processes personal data. That includes instance owners. In fact of you look up GDPR enforcements you can that it's also enforced against private persons.
in reply to GoodEye8

Maybe re-read what I said. I dare you to find an enforcement against a private person without a criminal charge and a refusal to cooperate. Legal regulations like this is a risk assessment, I'd take this risk. This is hobby software and if a GDPR regulator some how found me and talked to me I'd just cooperate and not get fined, additionally you can after the fact delete your instance. Lemmy isn't business critical or in any way critical, its hobby software.
in reply to hamid

Maybe you should reread what you wrote? You said there's no way GDPR would ever apply. I said it does. You said there are no enforceable actions, there are. the part you thought makes you right is the "criminal charges" part but that makes zero sense to begin with because GDPR, as an EU wide regulation, imposes only fines and no criminal charges.
This entry was edited (3 months ago)
in reply to GoodEye8

Apply meaning being applied to you by a human regulator regulating a lemmy instance. This will never happen.

Again, look up the enforcement actions again the private individuals who got pinned for GDPR, they have all also been tried in Spanish and Portuguese courts for other criminal offenses that had the regulators take a look at them and what they are doing. There are actual GDPR offenses that never get regulated. The company I work for literally just ignores it and no one has ever found out. Why? Because we made the risk assessment of a EU citizen actually having a problem, suing us, then having a regulator contact us, and then actually begin investigating us to levy a fine is actually really low despite the fact you think EU regulators are somehow omniscient. The fact that you think they're going to regulate a Lemmy instance is just not grounded in reality. It is concern trolling.

This entry was edited (3 months ago)
in reply to hamid

GDPR absolutely applies to Lemmy, it's just that nobody has looked at it / there wasn't a complaint. When that happens, lemmy will be in trouble.
This entry was edited (3 months ago)
in reply to Maalus

It isn't that it doesn't "apply" it is that there won't be any enforcement. These are different concepts. The world involves risk assessment and this is a risk I'd take.
in reply to hamid

There will be enforcement if one asshole reports instances. Are you certain nobody will get disgruntled and report it?
in reply to Maalus

I'm certain that report would most likely not lead to an investigation. Again, you can only get fined if you refuse to cooperate, why wouldn't the instance owner just cooperate? There is nothing at stake here, there is no money being made on this.

You don't really know what you are talking about, these aren't Youtube copyright strikes. These are auditors and regulators who are disorganized, understaffed and underfunded, like every government agency in the world, who deal mostly with huge enterprises. All audits and regulations are a risk assessment and anyone who understands the actual risks can make a decision if they want to host or not. As someone who deals with auditors and regulators a lot, and understands risk and risk assessments, I would totally feel extremely comfortable hosting a Lemmy instance despite the software having some limitations.

But you have a child's understanding of the world and the law and are just a concern troll.

This entry was edited (3 months ago)
in reply to hamid

Yeah uh huh, I sure do suck mr random person on the internet. The only thing you are saying is "these people won't audit lemmy because they don't want to". You think that in some magical way, lemmy will be immune. Guess what, it won't. The fines aren't simply because people aren't cooperating (and the devs themselves said that they don't care about GDPR outright). You don't know how it works, all you do is wishful thinking and insulting others.
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