It would need some analysis by legal experts. But consider that archive.org gets away with it. Although archive.org has an opt-out mechanism. So perhaps each Lemmy instance should have an opt-out mechanism, which should push a CAPTCHA in perhaps one of few good uses for CAPTCHAs. Then if Quora wants to opt-out, they have to visit every Lemmy instance, complete the opt-out form, and solve the CAPTCHA. Muahaha!
Note as well how 12ft.io works: it serves you Google’s cache of a site (which is actually what the search index uses). How did Google get a right to keep those caches?
There’s also the #fairUse doctrine. You can quote a work if your commenting on it. Which is what we do in the threadiverse. Though not always – so perhaps the caching should be restricted to threads that have comments.
A link is not a bad link for going to the source. You’ve misunderstood the post and also failed to identify a logical fallacy (even had your understanding been correct).
Whether the link goes to the source or not is irrelevant. I’m calling it a bad link if it goes to a place that’s either enshitified and/or where the content is unreachable (source or not). This is more elaborate than what you’re used to. There’s more than a dozen variables that can make a link bad. Sometimes the mirror is worse than the source (e.g. archive*ph, which is a Cloudflared mirror site).
Just like Greenpeace paves the way for smaller activist groups that can’t stand up to challenges, archive.org would serve in the same way. When archive.org (with ALA backing) wins a case, that’s a win for everyone who would do the same. Lemmy would obviously stay behind on the path archive.org paves and not try to lead.
You’re going to have to name this fallacy you keep talking about because so far you’re not making sense.
Sometimes a paywalled source is the first to report on something. Calling that link a bad link is nonsense.
One man’s bad link is another man’s good link. It’s nonsense to prescribe for everyone one definition of “bad”. What’s bad weather? Rain? I love rain. Stop trying to speak for everyone and impose your idea of “bad” on people.
Many people don’t know all the websites to redirect things through without that, so calling their contribution “bad” just because they posted that link isn’t the greatest.
So because someone might not know their link is bad, it ceases to be bad? Nonsense.
It’s not even like it’s that big an issue, because usually someone else comes along that provides an alt link in the replies,
(emphasis mine) Usually that does not happen.
so saying that this is a social failure is also ridiculous, because both were provided between two people.
This based on the false premise that usually bad links are supplemented by an alternate from someone else.
Also, the notion that you or anyone else is socially filtering non-misinformation news sources from the rest of us, because you don’t see the value in it, or cannot figure out how to bypass the paywall yourself, isn’t all that great either.
(emphasis mine) Every user can define an enshitified site how they want. If you like paywalls, why not have your user-side config give you a personalized favorable presentation of such links?
The browser (more appropriately named: client) indeed needs some of the logic here, but it cannot do the full job I’ve outlined. The metrics need to be centralized. And specifically when you say browser, this imposes an inefficient amount of effort & expertise on the end-user. A dedicated client can make it easy on the user. But it’s an incomplete solution nonetheless.
You don’t know what a logical fallacy is. Bob and Alice can disagree about whether the pizza tastes good or bad. There’s no fallacy there, just subjective disagreement.
I mean, does archive.org get away with it, though?
They get blocked by some sites, and some sites have pro-actively opt-out. archive.org respects the opt-outs. AFAICT, archive.org gets away w/archiving non-optout cases where their bot was permitted.
And do I really have to spell out how Google gets away with caching stuff?
You might need to explain why 12ft.io gets away with sharing google’s cache, as Lemmy could theoretically operate the same way.
I’m extremely skeptical fair use could be twisted to our defense in this particular case.
When you say “twisted”, do you mean commentary is not a standard accepted and well-known fair use scenario?
Bug: people are posting paywalls & other exclusive walled gardens
The problem:...
How do FOSS enthusiasts sew? What hardware do they buy?
cross-posted from: slrpnk.net/post/2890733...