DISCLAIMER: This is not a legal advice that would create client to lawyer relationship.
Influenced by Codeberg/Community#277
This merge request is trying to rewrite the arguably terrible terms of service that doesn't provide a process for suspension of the account making the provided hosting of the code unreliable as the code can be removed without notice at any time quotting:
You may close your account at any time. Please be aware that it is your responsibility to remove content and contributions that you no longer wish to persist. All other content previously contributed by you will remain visible to other users of the platform.
Which can be done in a more civilized manner allowing the end-users to (if needed) migrade their code and have trust in Codeberg's ability to provide the code to the general public through the gitea instance.
The terms of service also seems to have failed to cover few important parts namely:
- Handling of legal issues through an out-of-court solutions to avoid potentially resource-intensive lawsuits.
- Service is too restricting when it comes to the content provided even when codeberg is covered by the generally agreed "service provider responsibility" further explained in https://www.eff.org/files/eff-ospbp-whitepaper.pdf and https://www.eff.org/issues/cda230 making the service not responsible for the content of the end-users and as such there should be a process to allow the authorities to enforce their legal right in their juridistical area instead of policing from the Codeberg e.V.
Signed-off-by: Jacob Hrbek firstname.lastname@example.org
Decision made in terms of processing the data of minors
Using a checkbox at the registration form that says
I have the legal right to consent to the processing of my own data in accordance to my juridistical area. that references the relevant clause in the terms of service should be enough for the time being.
We should also add an option to dislay a different form or printable documment that the minor can provide to the holder of parental responsibility over the child that can be either:
- sent via the physical mail
- Scanned document via the e-mail
- electrically signed assuming legal document provided that identifies the invidual who is using the electrical signature
Proposal: Legal handling of electrical signatures
Proposed in Codeberg/Community#289
Decide on termination process
Proposed in Codeberg/Community#290
Concerns regarding service termination
TBD - In case the service gets confiscated by someone so that end-users would be able to get their data.
Figure out how to legally: