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Comment by graemep

4 days ago

That is a good point. You could not host public domain code there, and there are quite important FOSS projects that are public domain - as well as the the old code you mentioned there is current stuff such as SQLite.

> The legal exposure for this for codeberg is basically zero in the US, thanks to the DMCA.

They are in Germany and they distribute software globally (i.e. you can clone or download code from anywhere) so zero liability in the US is not enough.

I think you are being rather harsh on them, but I think your point is more evidence that the real reasons are the ones in the blog, and they should probably remove copyright as a justification in the ToS.

I don't really understand international copyright laws at this point (too many jurisdictions), but, given the number of global sites that can only exist because of the DMCA (like YouTube), I assume there are comparable carve outs allowing platforms to host user uploaded content without being sued out of existence, as long as they pull copyright violations down reasonably quickly.