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+---
+authors: Tim Bray <tbray@texgtuality.com>
+status: DRAFT
+dateReceived: 2023-01-16
+---
+# FEP-c118: Content licensing support
+
+## Summary
+
+Currently, popular Fediverse software does very little to establish the legal status of posts.
+Controversy over indexing and scraping the Fediverse is common. 
+The hope is that providing a legal framework to express the desires of users as to how their content may be
+re-used might bring order to this debate.
+
+## Scenario
+
+Dramatis Personae:
+* A somewhat-technical new Fediverse arrival, hereinafter *Noob*
+* Existing Fediverse Voices, hereinafer *EFV1*, *EFV2*, etc
+
+*Noob*: Hey, I want to crawl the Fediverse and build an index so we can…
+*EFV1*: Stop! Go back! Don't!
+
+*EFV2*: We prefer not to do that here because we want to avoid into big-tech surveillance capitalism.
+
+*Noob*: But I mean they're all just URLs, right?
+
+*EFV3*: Burn the witch!
+
+*EFV4*: Unclean!
+
+*Noob*: Oh, I guess you don't want me to do this?
+
+*EFV5*: Never!
+
+*Noob*: Shouldn't you post the rules somewhere? I mean, lots of people are already doing this.
+
+*EFV6*: Defederate his instance!
+
+## Discussion
+
+This scenario is happening really a lot, multiple times per week in December/January 2022-3.
+
+At the moment, the Fediverse privacy story is unsatisfactory. Unless a user really understands the
+visibility levels, every post they make instantly becomes part of the permanent indelible Internet
+memory. There are no technical and very few legal barriers to prevent anyone from doing anything with
+retrieved post content.
+
+In developed societies, when there are behaviors that are logistically possible but society would like
+to regulate, legal tools are frequently applied. Examples would be dangerous driving and public smoking.
+
+A content-licensing framework for the Fediverse could include some or all of the following:
+
+1. Prevent access to posts without the accessor having somehow acknowledged the content license that applies.
+2. Build a menu of content-license choices, probably starting from a Creative Commons basis.
+3. One parameter of the content licenses should be temporal; i.e., license access to posts but only for two weeks (or some other interval).
+4. Make it easy and straightforward for individuals posting to the Fediverse to pick a default content license for their posts, and also to apply other licensing choices to individual posts.
+5. Arrange that when one user follows another, the following user must acknowledge the default content licensing options of the followed user.
+6. Since most users will just take the defaults, each instance should carefully choose and prominently display its content-licensing defaults.
+
+I note that this document template comes with a carefully-considered Creative Commons license. Do not the contributions
+of the humans who are enriching the Fediverse deserve a comparable level of protection?
+
+## Caveat
+
+Note that establishing a legal content-licensing framework will not prevent
+certain bad actors from scraping the Fediverse and mis-using the harvested data.
+That's OK because it will establish a legal framework that will present a significant barrier
+to *commercial* data harvesters, and provide a tool to combat certain classes of mis-use.
+
+## See also:
+
+- Eugen Rochko, [Cage the Mastodon](https://blog.joinmastodon.org/2018/07/cage-the-mastodon/) in particular "Design Decisions"
+- @pamela@bsd.network, [Hacky folks, please resist finding ways to scrape the fediverse….](https://bsd.network/@pamela/109287805657081451)
+- GitHub discussion, [Controlling availability to search](https://github.com/w3c/activitypub/issues/221)
+- Tim Bray [Private and Public Mastodon](https://www.tbray.org/ongoing/When/202x/2022/12/30/Mastodon-Privacy-and-Search)
+
+## Copyright
+
+CC0 1.0 Universal (CC0 1.0) Public Domain Dedication 
+
+To the extent possible under law, the authors of this Fediverse Enhancement Proposal have waived all copyright and related or neighboring rights to this work.