Programmer and sysadmin (DevOps?), wannabe polymath in tech, science and the mind. Neurodivergent, disabled, burned out, and close to throwing in the towel, but still liking ponies 🦄 and sometimes willing to discuss stuff.

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Joined 1 year ago
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Cake day: June 26th, 2023

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  • Ownership comes with both rights and responsibilities.

    Platforms want as many of the rights as possible, without the responsibilities… which is why they have a contract (TOS) where they explicitly renounce to ownership, leaving it for the user, and only license the rights.

    If platforms took full ownership, like in a “work for hire” agreement, they would be responsible for any illegal content a user could upload, since it wouldn’t be the user’s content anymore. Obviously they don’t want that.

    A side effect of wanting as much content as possible without owning it, is that… well, they don’t own it. 😎

    Fediverse where there’s no owner/seller/buyer of your data or anything else you contributed.

    Incorrect. You get ownership of anything that’s yours, then upload stuff under whatever TOS your instance has… what’s that? it has no TOS? Then they’re in for a rough awakening some day. 🤷

    Whether there are sellers/buyers… is something we’ll learn in time. For now, user generated content on the Fediverse gets shared with little regard or protection of anyone’s rights, so anyone can make a compilation, bundle it up, slap a price tag on it, and try to sell it.


  • places an undue burden onto the user to determine and explain why data might be personal

    The other way around: all data originating from a person, is by default “personal data”, and the burden of explaining which one is not, lies with whoever is keeping it.

    you can’t look at any messages in any rooms you’ve been kicked out of

    If they’re keeping them, then you can request a GDPR export of ALL your data. Doesn’t matter whether some interface or application allows you access to the data or not, or even if you’ve been banned from the whole platform; as long as they keep the data, they have an obligation to honor your rights of:

    • Access
    • Correction/Modification
    • Removal

    Even during obligatory data retention periods, when they can’t remove the data and only make it inaccessible, you still have the right to get a copy of your own personal data.



  • As long as the link between data and user is severed, they are compliant with GDPR. […] As long as it’s not personally identifiable, it’s OK.

    Wrong.

    In the US, data protection refers to “personally identifiable” data, so severing the link is enough. Under the GDPR, all “personal” data is protected, doesn’t matter if it has a link or not to identify the person.

    The test under the GDPR, will be whether a comment has any personal data in it. If it’s a generic “LMAO”, then leaving it anonymous might be enough; if it is a “look at me [photo attached]” or an “AITA [personal story]”, then the person can ask for it to be removed, not just anonymized.