@roboneko @sjw @Humpleupagus @lanodan @hj baest may already be exempt if it is not a legally recognized business in any way. It defines what "commercial" means, it's basically just any legally recognized entity. So if baest isn't that, then there's most likely nothing to worry about.
Personally I'd think that anything the website can access counts as being part of its content. Twkn. If you can see it on the site, it counts. Alternatively, it could just be content that you HOST, like if you're fetching images remotely maybe that wouldn't count, but I'd think of it the same way as something like a forum being full of imgur embeds, where it isn't hosting the content but you can still see it there.
Let's just say Reddit has less than 1/3 NSFW content. You can still customize your home page to only show that content if that's all you subscribe to. That doesn't mean Reddit has 100% NSFW on it, just that the user only sees 100% NSFW. You still wouldn't need to provide ID to make a Reddit account, or even to see NSFW subs. I know fedi is a little bit different but I'd assume it's a very similar concept, just instead of it being one server it's a lot of them, and those servers can even choose what servers they want to display to their users.
Idk, again not a lawyer, but I don't think this is an issue that needs to be worried about. The feature to completely scrub anything NSFW instead of showing up a warning would still be nice, though.
@roboneko @sjw @Humpleupagus @lanodan @hj
what the material is:
"(4) "Material harmful to minors" is defined as all of the following:
(a) Any material that the average person, applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.
(b) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:
(i) Pubic hair, anus, vulva, genitals, or nipple of the female breast.
(ii) Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals.
(iii) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.
(c) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors."
--------------------
it probably doesn't clarify distinctions because the lawmakers don't actually know what those distinctions are, or there don't need to be distinctions because it is all included. it is almost a guarantee that showing any politician a website with a bunch of photos on it will think they are all a part of that website, not embedded from somewhere else. if it can be accessed from your site, it is probably considered to be on your site.
--------------------
i don't think an individual counts as an entity. they use "person" when referring to an individual.
"(7) "Publish" means to communicate or make information available to another PERSON or ENTITY on a publicly available Internet website."
i think that, at least in this context, it's more referring to if the website and business you run with the website is something that you could use when filing taxes. for instance, if SJW were to have bae.st/shitty services as a licensed, legally recognized business, and used it for tax write offs in the form of business expenses, then baest would certainly have to follow this law. if not, if it's just a website he runs for fun and it's not an actual recognized entity, whether that's a legitimate LLC or just a sole-proprietorship, it's not subject to this.
--------------------
the best news is that at the end it only talks about lewds with "ACTUAL CHILDREN" so the lolis are safe ![]()
"material harmful to minors" isn't the relevant term there. the relevant term (that isn't defined) is "total material on a website" also the definitions that they provide for "distribute" and "publish" are quite broad so it probably covers more or less everything on the site
I'm unclear how exactly this fits with the fact that linking to things has generally been deemed legal even when the target of the link is illegal
> i think that, at least in this context, it's more referring to if the website and business you run with the website is something that you could use when filing taxes
the bill doesn't appear to indicate this categorization anywhere
> just a website he runs for fun and it's not an actual recognized entity, whether that's a legitimate LLC or just a sole-proprietorship, it's not subject to this
their definition of "corporate entity" does not say "things that are serious. personal stuff that's just for fun is exempt" it explicitly includes *any legally recognized entity*