• bitfucker@programming.dev
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    6 months ago

    Calling a license by anything other than its name and stated purpose is something I’d dare to call mislabeling.

    Fair point. The explanation itself has to be detached from the license to make it clear. So for example, if I state that my comment here is CC BY-NC-SA 4.0, it only states the license, WHY I licensed it as such is the explanation and not the label for the license. So yeah, without context (the why), it is mislabeling.

    While you are correct that lemmy itself does not add a license and many instances do not add a license, it’s not as simple as “the user notifies [you] must abides by [their] licenses.” Jurisdiction matters. The Fediverse host content is pulled from matters. Other myriad factors matter.

    But that is true for all content on the internet no? The difference is this time we are talking about a user-generated content without explicit license, now has an explicit license.

    As you correctly pointed out, there is no precedence for any of this so as I pointed out unless you’re willing to go to court and can prove damages it is actually useless.

    I wouldn’t call it useless tho. After all, we will only push the legal framework because people are doing something wack.

    • thesmokingman@programming.dev
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      6 months ago

      That’s fair. I don’t disagree with licensing comments necessarily. I think users doing it to provide the basis for a legal argument is fine. I think my pushback comes from my lack of trust in any of these users actually acting on their license which could be construed as victim-shaming. I’m hung up on the follow-through which careful analysis like yours really highlights.