[Covzire]

IANAL but it seems to have major implications beyond music piracy, like into the realm of ISPs and free speech in general, it seems the court (rightly) sees ISPs as a common carrier (like water pipes) and we may see more opinions of the kind that reach into the space of monopolies or duopolies in social media next.

[bushbaba]

Big tech should loose its safe harbor protection. It’s both an aggregator AND a curator. The algorithms showing you what to see is no different than a newspaper editor. Just like newspapers big tech should be liable for their “feeds” showing harmful and defamatory information

[Covzire]

I would be happy if congress passed a law saying a social media has no liability for anything their users post as long as the algorithm is completely open source. If we had social media like that, they'd even have APIs that let users design their own algorithm and we'd see a golden age of social media emerge from it. Twitter seems to moving in this direction but they enjoy no legal protections from being open at the moment. Blusky is already this way I believe, but without a neutral and trusted centralized control it's a bit different of an animal.

[elpool2]

I don’t see how it would ever make sense to hold social media liable for user posted defamation.

Look at the recent Afroman defamation lawsuit and consider how YouTube is supposed to know whether that music video was defamatory or not. It took a court 3 years to reach a conclusion but you want YouTube to make that same call instantly, on millions of posts a day. What you’d get is a world where Afroman’s (non defamatory) speech basically cannot be shared on social media at all.

[ryandrake]

I think the difference should be whether they are a dumb pipe, or whether they exercise editorial control and/or promote some content over others.

If you are truly a dumb pipe, that just transmits whatever the users post, then you shouldn't be liable for what goes over your wires. Like the phone company.

As soon as you start acting as an editor: amplifying some content and downplaying (or removing) other content, re-ordering it, ranking it, and so on, then you are placing your name on the content and in a sense should share liability around it.

Companies should have to deliberately decide who they are going to be: are they just wires like the phone company, or are they a newspaper's letters-to-the-editor department? They shouldn't be able to act like one, but have the liability of the other.

[elpool2]

That seems unworkable because, well, I just don’t want social media to be dumb pipes. Without sites making editorial decisions every site will be full of porn and animal torture videos. The current status quo seems way better tbh.