On Mon, May 30, 2022 at 09:47:32PM +0200, Imre Jonk wrote:
However, if a mirror operator makes the decision to leave out the source packages from the content that they serve (thereby acting as a moderator), wouldn't that make them liable for that very same content?
I don't think so, but then I'm not a lawyer (and you need *your own* lawyer licensed in your jurisdiction to properly answer this question). :)
In other words, if you leave out the sources, can't you be held accountable for leaving out the sources?
I don't believe there's a legal basis for this (but see my note above). You're still a service provider moving bits for someone else. If you put Cloudflare in front of your mirror, but they don't cache some of the source packages because they are too large, that's not going to make Cloudflare liable for license violations.
I'm curious, did you ever get a DMCA or GDPR request for something that happened on your mirror, and have you ever taken something down because of it?
Never, but that doesn't really mean it can't happen. -Konstantin