this post was submitted on 11 Apr 2024
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This has nothing to do with being a walled platform. All these maintainers of all these lemmy servers would have to do the exact same thing if Nintendo came to them. And if they refused then Nintendo could go to the server host. And if that didn’t work you would end up in court. It has nothing to do with walled gardens and everything to do with Nintendo abusing dmca.
It does have to do with being a walled platform though. You as the Discord server owner have zero control over whether or not you are taken down. If this was Lemmy or a Discourse server (to go with something a little closer to walled garden) that they ran, the hosting provider or a court would have to take them down. Even then the hosting provider wouldn’t be a huge deal since you could just restore backup to a new one Pirate Bay style. Hell, depending on whether or not the devs are anonymous (probably not if they used Discord), they could just move the server to a new jurisdiction that doesn’t care. The IW4 mod for MW2 2009 was forked and the moved to Tor when Activision came running for them so this isn’t even unprecedented.
I think their point was, all things being equal, a server on discord vs a community on a Lemmy instance doesn't make a difference. In both cases, the people who ultimately own the platform have to decide whether to just delete them or go toe-to-toe with Nintendo in court.
Hosting everything themselves is a different story. Though...is it possible for a federated instance to exist inside the tor network? Maybe that's already a huge thing and it never occurred to me.
Yes, or just register it anonymously from a country that doesn’t care