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The Court said the host has to :
1- pre-check posts (i.e. do general monitoring)
2- know who the posting user is (i.e. no anonymous speech)
3- try to make sure the posts don’t get copied by third parties (um, like web search engines??)
Basically, all three of those are effectively impossible.
in my opinion : #3 effectively seems impossible, #2 is contrary to Lemmy's philosophy and #1 would require a lot of community supervision ... that would require a different Lemmy software.
1 is impossible. You cannot screen every message sent, even screening every post would be a full time 24/7 job (3x full time moderators working in shifts).
The big platforms will run it through a blackbox content moderator system, and lobby to keep fines minimal. Lemmy would be screwed.
What are the implications for fediverse software hosted in the EU?
No new impact, because the ruling is about online marketplaces, which pre-scan / moderate every new posting anyway due to multiple legal obligations that exist already. TechCrunch analysis says that the ruling is too broad and applies out of this context but I don’t see it there and the case they’re making isn’t very solid. I think they recognise this as an attack on how ad industry works because checking if the ad is legal before allowing it would be a huge boon to societies worldwide, but also an enormous cost for companies selling ad-spaces.