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Chris Trottier

@mike @mmasnick Also, there's Application:

6 This Act applies in respect of a digital news intermediary if, having regard to the following factors, there is a significant bargaining power imbalance between its operator and news businesses:

(a) the size of the intermediary or the operator;

(b) whether the market for the intermediary gives the operator a strategic advantage over news businesses; and

(c) whether the intermediary occupies a prominent market position.

7 comments
Chris Trottier

@mike @mmasnick The question is whether a Mastodon instance will ever have a strategic advantage over news businesses.

As they exist now, I don't think this is the case. And I don't think there's a Mastodon instance that has any prominent market position.

Chris Trottier

@mike @mmasnick The bigger question, of course, is when *would* a mastodon instance have a strategic advantage of news businesses?

In a court of law, I don't think mstdn.ca or vancity.social could ever demonstrate any kind of market dominance over Canadian news media.

Chris Trottier

@mike @mmasnick So the other question, of course, is what is a "messaging service the primary purpose of which is to allow persons to communicate with each other privately"?

More specifically, how do we define "private"?

Is it a message sent between two private citizens?

Or does this pertain to visibility?

DELETED

@atomicpoet @mike @mmasnick
I'd say private means the message goes to intended person(s) and no one else knows about it. Not only can't see it but doesn't know it's there.

Chris Trottier replied to DELETED

@Cassandra @mike @mmasnick But is that how governments define "private"?

DELETED replied to Chris

@atomicpoet @mike @mmasnick
I doubt there is one standard meaning for "private" across our government (HIPAA, IRS, FTC, CIA) let alone others.

Lee 🌏

@atomicpoet @mike @mmasnick
If a Mastodon instance is not for profit, then isn't this all null and void anyway?
You can't take a revenue share from a company that makes no profit from sharing links.
Or will it be pay up and get your users to pay...?

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