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If you license your content, that license travels with the content, and has to be honored on other servers (Federated or otherwise).
The license is with the content, and not the server the content is first posted to.
"Other server owners, did you follow the license that the content is licensed with? No?"
Lemmy.World's TOS does not claim ownership of our content that is posted/shared to their server. So they can't use it however they want, they do not own the content, each individual poster still does.
And they don't want to own our content, as that's one hell of a 'safe harbor' law exposure/risk for them, if they start to do that.
~Anti~ ~Commercial-AI~ ~license~ ~(CC~ ~BY-NC-SA~ ~4.0)~
I'd argue that isn't settled yet. Take this. I run my own server, I don't want your "licensed" comment. I can go and add that to my ToS right now, that anything you give me will be trained. I say in there that I will disregard any license on there, and by placing anything on my server you are relieving yourself of any license. Since it's my server, I can say that. "If you don't want your data trained on, don't put it on my server."
So, I don't think it's as simple as you make it out to be. It's exactly the same as Facebook's ToS, they state in there that by using their service and putting data on their servers that you allow facebook to use that data however they see fit. Why is me doing the same thing on my server any different?
So, to use your own format
"No, you're honor, you can clearly see on our homepage that it's stated that any and all licenses are lost when they give us information.
"That's irrelevant, our legal terms are clearly stated on our website, if they didn't want their information shared to us, then they shouldn't have shared them with us."
This format isn't well designated in the courts, there are no real precedents for the fediverse or how it works. You're arguing that it should work that way. I'm arguing that how it should work is irrelevant, and right now there is nothing stopping anyone from using unencrypted data given to their server in any way.
What could happen, but isn't really set up at least on Lemmy yet, is that when one server federates with another the receiving server sends a ToS/license that is server wide, forcing the subscribing server to accept or to not federate. I think that would shore up gaps in the law here, because in your example they could respond with "Your honor, we gave them terms and licenses to subscribe to our updates, and they accepted". I also think that then would be required for new users signing up, to see how data is licensed from other servers. If this were a github issue I'd back it 100%.
However, in both scenarios, both current and what I'd like to see, I don't see that adding a license at the bottom of your comment will ever hold up in court.
(Of course I'm not actually doing that, this is all a thought exercise, but I do 100% guarantee someone is just accepting all of our data and using it, license linked or not)
So you're setting up a straw man by adding the TOS clause of ownership on the posting server to your example. I'm not saying that. The issue being discussed by me in response to your comment was if a license on content that is being federated stays with the content or is somehow magically stripped off when its federated.
As far as your TOS example goes, If Lemmy World added to their TOS that any content added to their site they own, then I wouldn't post any content on Lemmy, as I want to keep ownership of my content.
But since Lemmy World does not do that (smartly so for safe harbor reasons), then the creator of the content is the owner of the content, and if they license that content it carries forward as the content is federated. Its up to the receiver of the federated content to reject the content, or abide by its licensing.
~Anti~ ~Commercial-AI~ ~license~ ~(CC~ ~BY-NC-SA~ ~4.0)~