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The Lemmy.World Terms of Service now in effect
(legal.lemmy.world)
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The without ever visiting is the grey area. Federated instances provide the interface to the underlying instances, so yeah you kind of are "visiting" it if you interact. But you're right, the mods of any given instance that host the content source get to decide what happens after the fact.
But the other federated instance is essentially mirroring it. Another instances users are not using Lemmy.world directly, they are viewing mirrored content, and then if they reply, they are doing it elsewhere, and it is getting passed on to L.W.
How was this handled for Usenet? I think it was just assumed that if you were propagating Usenet Content, you knew that implied diversity positive and negative.
IANAL, but probably not, any more than reading and sending email on Gmail visits Hotmail or Proton or has to follow their terms of service. I'm using sopuli.xyz, all the content I interact comes from and goes to there, what it and lemmy.world do after that doesn't have anything to do with me.
Exactly, this TOS probably needs consideration for instance to instance interactions, and lemmy itself should probably have granular options for federation of everything, including mod actions. Federation options seem too course as they stand.