this post was submitted on 09 Apr 2024
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Federation means making copies. Hundreds of them. If you attach a copyright license to a comment then each and every instance that federates your comment would have to abide by it. That is just not possible. If you want to write stuff on the internet and copyright it, start a blog or something. By posting on the fediverse you implicitly allow copying.
If you don't post one, all copyrights are reserved by the author and is automatically granted upon publication in most jurisdictions around the world. So every federated instance is violating every copyright.
That is unless it's seen as fair use, in which case it doesn't matter what licensing the author wants to provide because the use is protected.
You can't rely on fair use because fair use works differently around the world, if it exists at all.
As for copyright, you agree to terms & conditions when you sign up for your fediverse account. These should include language that grants permission to use everything you submit for federation.
Instance hosters are currently relying on fair use since there's been no agreements when I've signed up.
Maybe. I don't think anyone's thought that far ahead yet. At least the lemmy devs give hosters the option to add a click through agreement to the signup page.