On Mon, 30 May 2022 16:48:53 -0400 Konstantin Ryabitsev <konstantin@linuxfoundation.org> 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). :)
Yeah this is the right thing to do I suppose. This morning I contacted a Dutch IT lawyer who regularly writes in public about questions his readers ask him. Hopefully he can shine a light on this, at least for mirror operators in the Netherlands (and possibly all of Europe).
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.
No, probably not. If Cloudflare doesn't cache some files purely for technical reasons (e.g. they are too large), then they would in some sense remain neutral. Maybe leaving out files *because* they are source packages, knowing that some intellectual property holders disagree with this practice as evident by the licenses under which they publish their software, is a bit less neutral. It is hard to make the case that you can successfully serve a binary package but not a source package. Or maybe you can, but in that case GPLv3 art. 6 and GPLv2 art. 3 would be incredibly easy to circumvent. To draw a parallel with net neutrality: my ISP prioritizes IPTV traffic over their network because if they didn't, the TV stream to a customer would be interrupted each time that customer simultaneously downloaded a large file. They also prioritize some other traffic (I believe ICMP and VoIP) for purely technical reasons as well. They still remain neutral as to the content that traverses their networks.
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.
Indeed it doesn't. I hope you won't have to deal with these kinds of requests (or demands really), sounds like it could be quite a hassle.