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Europes Digital Services Act is likely to make all popular sites that paywall NSFW unsustainable [Patreon/Steam/Itchio]

OpenNSFW

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The Digital Services Act is a series of regulations [law] that Europe is using to take down any content they find illegal and/or offensive. Problem is that enforcement of it doesn't seem viable for just about any sites we use for hosting our products/releases. However the threat they use for enforcement is very, very real.

We have a big problem with how all the sites we use for payment processing is a "mixed market."
Steam, ITCHIO, Patreon are all sites that are a mix of SFW/NSFW. We have 0 leverage to fight take downs and/or deplatforming of NSFW in general. If the rules & regulations don't change I think they will slowly widdle us down.
We kind of need a site to be strictly NSFW Fiction and to block out Europe.

-EU has 27 countries.
Every platform will have to follow all European laws. Its less likely that we will be lenient to platforms that release anything illegal in any EU country unless its region blocked effectively.

-Moderation
They use "trusted flaggers" aka "whistle blowers" means that they can each have individual thresholds for what is or isn't illegal. If a platform like Steam is labeled a large VLOP its likely to over enforce rather then risk any auditing for compliance.

-Deplatforming
We are governed by corporations scared of being fined 6% total gross fines. They will ban anyone for any reason. SFW/NSFW platforms are likely to just purge at NSFW at any given moment. I question Patreon and even Steam remaining viable. No SFW platform will fight for something that Europe labels as illegal especially with the threat of 6% fine.
 
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anne O'nymous

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The Digital Services Act is a series of regulations [law] that Europe is using to take down any content they find illegal and/or offensive.
Since already one and half year, that target big platforms, and that do not even address pornography...


We kind of need a site to be strictly NSFW Fiction and to block out Europe.
Not sure that getting ride of a third of the market is the way to go, but well...


-EU has 27 countries.
Every platform will have to follow the country with the most insane rules. If any country in Europe changes law it will effectively be in every TOS.
No.


-Moderation
They use "trusted flaggers" aka "whistle blowers" means that they can each have individual thresholds for what is or isn't illegal/hate/etc.
Neither.
The trusted flaggers are governmental entities, one by country, in charge of the application of the Law of the said country, and that can't act without a judge order.



Tbqf, guvf fhzzre urng frrz gb unir sevrq n ybg bs oenvaf.
 
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OpenNSFW

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Since already one and half year, that target big platforms, and that do not even address pornography...
Gradual rollout.
3 mentions of pornography in the act documents - try ai tools in future cause it super anoying to have to fact check for someone else who doesn't know whats in his own document that he is defending.


Onlyfans, Pornhub,etc were reached out and whatever steps of compliance they are in is unknown at this time except for ID stuff.


Yes - Again I highly recommend AI cause it will fact check with what I am saying.

“‘Illegal content’ means any information which, in itself or in relation to an activity, including the sale of products or provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law.”


"Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user-friendly, and allow for the submission of notices exclusively by electronic means."





Neither.
The trusted flaggers are governmental entities, one by country, in charge of the application of the Law of the said country, and that can't act without a judge order.

Correct - they will flag it [read previous quote] and bring it to the platform with common sense will promptly delete it and ban user without even looking into it because of threats of fines.
Also any large platform is expected to be audit for "preventive" compliance. These are platforms that have over 45,000 monthly european citizens and/or marketplace which most things would fall under.


  • Conducting risk assessments to identify and mitigate systemic risks, such as the dissemination of illegal pornographic content or non-consensual imagery.
  • Implementing measures to address these risks, such as enhanced content moderation and algorithm transparency.
 
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agelastos

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Yes - Again I highly recommend AI cause it will just agree with what I am saying.
Are you sure about that? This is the answer I received when I asked an AI:

Short answer: several core claims here are wrong or exaggerated. The DSA is tougher than many people expect (the 6% fine is real), but it does not mandate takedowns of merely “offensive” content, it doesn’t let “trusted flaggers” make up their own legal thresholds, and it doesn’t mechanically force every platform to adopt the single-most restrictive rule in any EU country.
Here’s a point-by-point fact check:
  1. “DSA lets Europe take down any content they find illegal and/or offensive.”
    Verdict: Mostly false.
    Why: The DSA targets illegal content (as defined by EU law or a Member State’s law), not content that’s merely “offensive.” Platforms must have notice-and-action workflows for illegal content, give users reasons for removals, and provide appeal routes. There is no general duty to remove “offensive” but lawful material. There is also no general monitoring obligation.
  2. “Enforcement isn’t viable, but the threat is real.”
    Verdict: Partly true, partly speculation.
    Why: The enforcement machinery exists: the Commission (for VLOPs/VLOSEs) and national regulators can investigate and fine up to 6% of worldwide annual turnover for non-compliance; daily penalty payments are also possible. The EU has already opened proceedings (e.g., against X/Twitter) and against major adult sites. Whether every aspect proves “viable” operationally is an opinion, but the legal threat is definitely real.
  3. “Mixed SFW/NSFW platforms (Steam, itch.io, Patreon) will be purged.”
    Verdict: Unsupported overreach.
    Why: The DSA does not ban adult content per se; it requires action against illegal content and, for very large platforms, risk-mitigation (e.g., protecting minors). Some adult platforms are now designated VLOPs and face stricter obligations, especially around age verification—but that’s about illegality/risk, not “NSFW” as such. Patreon, for example, publishes its DSA compliance contacts; there is no rule that mixed platforms must “purge NSFW.” Any purges you see would be business choices, not DSA mandates.
  4. “EU has 27 countries; everyone must follow the country with the most insane rules.”
    Verdict: Overstated.
    Why: The DSA harmonises a lot across the EU. “Illegal content” does reference EU or any Member State’s law, and orders to act against illegal content can be issued by national authorities. But the territorial scope of an order must be limited to what’s strictly necessary, and it is not automatically EU-wide in every case. In practice, some platforms choose to apply the strictest rule EU-wide to simplify operations, but that’s a policy choice, not a blanket legal requirement.
  5. “Moderation uses ‘trusted flaggers/whistleblowers’ with individual thresholds for illegality/hate.”
    Verdict: Incorrect.
    Why: “Trusted flaggers” are designated organisations (not random individuals) vetted by national regulators for expertise and independence. Their notices receive priority handling, but they do not decide legality or set thresholds—the platform still assesses and decides, and abuse can lead to suspension or revocation of flagger status. Calling them “whistleblowers” mischaracterises the role.
  6. “Companies fear 6% total gross fines, so they’ll ban anyone for any reason.”
    Verdict: Exaggerated.
    Why: Yes, the DSA allows fines up to 6% of global turnover for breaches. But it also obliges platforms to give statements of reasons for moderation actions, provide internal complaint handling, and offer out-of-court dispute settlement. That is the opposite of “ban anyone for any reason” in the EU context.
  7. “Payment processing is a ‘mixed market’ problem for DSA.”
    Verdict: Mostly a red herring.
    Why: The DSA’s core content rules apply to intermediary services (mere conduit, caching, hosting). Payment processors aren’t generally hosting user content, so the DSA’s notice-and-action regime is not aimed at them. Platforms like Patreon/Steam, however, are hosts/online platforms and thus fall under DSA due diligence rules. Any payment-processor deplatforming tends to come from their own acceptable-use policies, not DSA.
  8. “We need a strictly NSFW-fiction site and to block Europe.”
    Verdict: Blocking EU users can reduce exposure, but it’s not a magic shield.
    Why: The DSA applies to services offered to recipients in the EU, regardless of where the provider is established. If you genuinely don’t offer the service to the EU (no EU-targeting; robust geoblocking; no EU marketing, payments, or languages), you’re generally outside DSA scope—but that’s a factual/legal analysis you’d need to get right. If you have significant EU users or target the EU, the DSA applies. (This is informational, not legal advice.)
  9. “DSA = trusted flaggers will nuke lawful speech.”
    Verdict: Debated risk, not settled fact.
    Why: Critics worry about over-removal (“Brussels effect”), but the DSA also builds in transparency, appeal rights, researcher access, and proportionality constraints. Whether it in practice chills lawful speech depends on enforcement and platform choices; the law does not require removal of merely “harmful/offensive” but legal content.
Bottom line
  • True: 27 Member States; real 6% fines; adult platforms face strict minor-protection and illegal-content duties; cross-border orders exist.
  • False/Misleading: DSA does not mandate takedowns of “offensive” content; “trusted flaggers” don’t set legal thresholds; the strictest national rule is not automatically everyone’s rule; and there’s no baked-in requirement to purge NSFW on mixed platforms.
If you want, I can map your specific distribution model (what you host, where you’re incorporated, user mix, payments, and whether you target EU users) to the exact DSA obligations you’d face—and where your real risk exposure sits.
I haven't personally verified any of this, so I don't know what's true or not. My only point is: you shouldn't blindly trust whatever an AI tells you. They are frequently wrong.
 

OpenNSFW

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Are you sure about that? This is the answer I received when I asked an AI:



I haven't personally verified any of this, so I don't know what's true or not. My only point is: you shouldn't blindly trust whatever an AI tells you. They are frequently wrong.
You either asked it or if its 100% pure fact or something along those lines. I obviously didn't write it like a lawyer and I exaggerated details. Pretty easy to tell from way its speaking.

if you look at it confirmed as 100% fact. This is basically what I said.
> 27 Member States; real 6% fines; adult platforms face strict minor-protection and illegal-content duties; cross-border orders exist.
27 member states.
6% fine.
Illegal content responsbilities.

What is illegal? You need to look at whats illegal in all the states of the European Untion. [27 states]
6% fine. Each platform will have TOS to remove content for any reason
illegal content responsibilities. The flagging process.


Try again with phrase "Is this an educated assesment of what can happen with current laws in place of Digital Services Act based on context of NSFW Content"

Keep in mind these are actual excerpts from it if you just want to read those instead.
----------------------------------------------------------------------------------------------
“‘Illegal content’ means any information which, in itself or in relation to an activity, including the sale of products or provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law.”


"Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user-friendly, and allow for the submission of notices exclusively by electronic means."

  • Conducting risk assessments to identify and mitigate systemic risks, such as the dissemination of illegal pornographic content or non-consensual imagery.
  • Implementing measures to address these risks, such as enhanced content moderation and algorithm transparency.
 
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peterppp

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You either asked it or if its 100% pure fact or something along those lines. I obviously didn't write it like a lawyer.

> DSA does not mandate takedowns of “offensive” content;
It doesn't they just risk fine and eventual audit if a large platform.

> “trusted flaggers” don’t set legal thresholds
They don't - they flag works which increases the likelihood of platform removal rather then eventual fines/ analysis of their proceedings.

> there’s no baked-in requirement to purge NSFW on mixed platforms.
This is conjecture. Based on the fact they would rather take down works then risk fines / audit process if a large platform.

Try again with phrase "Is this an educated assesment of what can happen with current laws in place of Digital Services Act."
oh great. a discussion that turns into "how to prompt the ai to say what i want it to say".

the first mistake you did was using ai to prove you are correct.
 

OpenNSFW

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oh great. a discussion that turns into "how to prompt the ai to say what i want it to say".

the first mistake you did was using ai to prove you are correct.
I am arguing with a person who won't read it and say I am wrong because he is from Europe. So he knows better then me of what in the Act without reading it
I am not saying this is 100% true I am saying this is what the terms detail would have legal authority to do and people who literally either say won't/can't read legal jargon is why I am 0 for 3.

I can't make people such as yourself read without replying and/or actually research. Despite handing actual excerpts. So I handed an AI transcript as well. So that became a meme.

Whats your suggestion because I broke it down actual terms as well as showed in a SEPERATE POST a AI transcript in and people want to too long - won't read. This is a piracy forum so people want to laugh and just assume this is a meme regardless of what I write. So I say try an AI so people can be assed.

I guess ill repost the excerpts some actual excerpts for a third time and say just read those again
----------------------------------------------------------------

“‘Illegal content’ means any information which, in itself or in relation to an activity, including the sale of products or provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law.”


"Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user-friendly, and allow for the submission of notices exclusively by electronic means."

  • Conducting risk assessments to identify and mitigate systemic risks, such as the dissemination of illegal pornographic content or non-consensual imagery.
  • Implementing measures to address these risks, such as enhanced content moderation and algorithm transparency.
 
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anne O'nymous

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3 mentions of pornography in the act documents - try ai tools in future cause it super anoying to have to fact check for someone else who doesn't know whats in his own document that he is defending.
Try using your brain next time instead of relying on an external help that don't even have one.
Pornographic site being mentioned, in regard of the protection of minor, doesn't mean that pornography is addressed by the DSA as illegal content, like you implied absolutely not subtly.


Onlyfans, Pornhub,etc were reached out and whatever steps of compliance they are in is unknown at this time except for ID stuff.
It's perfectly known.

PornHub was one of the three first porn platforms to be qualified as "big online platform", . As usual for them, they were relatively vocal about this, including a public release of their semester DSA , following . This while contesting the qualification, , and not agreeing to really comply to the DSA, what led them to .
As for OnlyFans, they qualify under , but aren't yet officially qualified and, therefore, only have to comply by default, without actually facing penalties if they don't goes further than a basic age check and content moderation; something they already comply with since around 3 years, so before the DSA.

By the way, the day were F95Zone will qualify to the current threshold, I'll honestly open a champagne bottle in F95, Sam and the whole team, honour. I mean, so far to be qualified as "big online platform", and therefore having to strictly follow the DSA, you need at least 50 employees (F95zone have 0) and US$ 11 millions in annual revenue (F95zone just cover its operating cost that is largely below US$ 1 millions).


Yes - Again I highly recommend AI cause it will fact check with what I am saying.
And again, using your own brain isn't optional, and even less trying to understand what you read, that is mandatory.


“‘Illegal content’ means any information which, in itself or in relation to an activity, including the sale of products or provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law.”
There's a difference between the definition of a notion, here "illegal activity", and its field of application. The definition apply at EU level, the field of application at country level; EU members' Law can be stricter than the EU's one, but this part will only apply to their country.


"Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user-friendly, and allow for the submission of notices exclusively by electronic means."
What doesn't even address what I said.


Correct - they will flag it [read previous quote] and bring it to the platform with common sense will promptly delete it and ban user without even looking into it because of threats of fines.
No, they'll comply to it because it's a request that come for a Justice court. And the fact is that, whoever you are, whatever you do, and whatever the reason, when a Justice court give you an order, it's highly recommended to comply. This even if you also decide to challenge the said order in Justice.


These are platforms that have over 45,000 monthly european citizens and/or marketplace which most things would fall under.
The threshold for most part of the DSA isn't based on the number of monthly European visitors.
It's also not "citizens", but "residents"; a citizen have to comply to the Law of its residence country, while not being subject to the law of his citizenship one. The last part modulo less than a handful exceptions; sex with minor generally being the only one.


  • Conducting risk assessments to identify and mitigate systemic risks, such as the dissemination of illegal pornographic content or non-consensual imagery.
  • Implementing measures to address these risks, such as enhanced content moderation and algorithm transparency.
What people like you fail to understand is that countries does not "started to". They decided to enforce what their Law ask for since near to two decades. So, yeah, there's new laws that appear, but it's not because they ask for new compliance; it's because they decided stronger incentive to comply, this while also defining more finely the means to reach that compliance.
Age check, by example, is mandatory in almost all the world since before you started to use Internet, but so far all sites relied on a weak approach that worth absolutely nothing. It's not without reason that it's a recurring joke that, each year, people who reach 15-16yo talk about, as if it was the discovery of the century; "oh, look what I found. If I select a different birth year than my actual one, I can access +18 content. Ah ah ah, I'm such a hacker."
Same for content moderation.

If the biggest online platforms were complying since the starts, especially when it come to the content moderation, we wouldn't be where we now are. , answering "no" isn't the best way to keep the Law as lax as it is. This especially when the same request get the same answer when it come again later, once it's established that , and the videos uploaded without her consent.

But this, only people who use their brain can know and understand it. People who think that they are smart because they ask generative content AIs to think for them, will never know, and even less understand, the reality. They'll just live in an utopian world defined by their own dreams, comforted in it by their own cognitive limitations and the implied inhability to write prompts that would give them an accurate answer that overpass their own bias.
 
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anne O'nymous

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[sorry for the double post]
I am arguing with a person who won't read it and say I am wrong because he is from Europe. So he knows better then me of what in the Act without reading it
No, you're arguing with someone who've read the DSA, following its evolution since it was a draft, and who's talking with lawyer friends about it; both for their knowledge in regard of the Law, and them for my knowledge in regard of internet and modern technology.

Is my understanding 100% right? Surely not, I'm not a lawyer myself and the DSA is a fucking big piece of law that evolved many times. Yet I know enough about it, and understand enough about it, to know for sure that you are mostly saying bullshit and freaking out about thing that do not exist.


I can't make people such as yourself read without replying and/or actually research.
What research have you done exactly?

You said that we don't know what was asked to PornHub and OnlyFans, providing generative AIs answer as wanabe proof. In answer, I gave you 8 links regarding the first (because yes, the 2 last links also address what is asked to PornHub), and one implicitly explaining that OnlyFans have been asked nothing, at least yet...
 
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agelastos

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You either asked it or if its 100% pure fact or something along those lines.
My exact prompt was: "Is this correct? Please be objective and stick to the facts!"
Try again with phrase "Is this an educated assesment of what can happen with current laws in place of Digital Services Act based on context of NSFW Content"
I asked an AI about that prompt. :WeSmart:Here is what it had to say:
Short answer: it’s a weak prompt for getting an objective, fact-based answer. It’s vague and slightly leading, so it’s likely to invite speculation or a response that leans toward pleasing the asker.

Why it’s likely to stretch the facts:

Ambiguous scope. “Current laws in place of Digital Services Act” is unclear (do you mean under the DSA as it currently stands, or instead of the DSA?). “Based on context of NSFW content” is also fuzzy—NSFW isn’t a legal category.

Leading framing. “Is this an educated assessment of what can happen” nudges the model toward endorsing a scenario rather than verifying claims against sources. “What can happen” invites hypotheticals and worst-case extrapolation.

No ground rules. It doesn’t ask for citations, date bounds, jurisdictional limits, or a distinction between EU-level rules and member-state law. Without those guardrails, models (and humans) tend to fill gaps with confident-sounding generalities.

Refers to unspecified “this.” If you don’t paste the text to evaluate, many systems will try to infer or accommodate your presumed view.

How to fix it (stronger versions you can use):

If you want strict fact-checking

Evaluate the following passage about the EU Digital Services Act (DSA) and adult/“NSFW” content. For each concrete claim, classify it as Accurate / Partly accurate / Misleading / False / Unclear, and explain why. Quote the relevant parts of the DSA or official guidance and provide citations. Distinguish clearly between DSA provisions and separate member-state laws. Use definitions actually used in law (e.g., “illegal content,” “very large online platforms”). Note any claims that are predictions and label them as speculative. Scope: European Union, as of [insert today’s date].
[paste the text here]

If you want cautious scenario analysis (and to avoid pleasing answers)

Based on primary sources (DSA text, Commission guidance, and documented enforcement to date), outline plausible enforcement outcomes for platforms hosting adult content in the EU. For each outcome, list: (a) assumptions, (b) legal basis, (c) precedent, (d) affected platform types, and (e) confidence level. Exclude claims without sources. Clearly separate facts from projections and note where member-state law, not the DSA, would be decisive.

These rewrites:

Define scope and terms.

Force source-based reasoning and citations.

Separate facts from predictions.

Reduce confirmation bias by asking for classification and counter-evidence rather than validation.
 
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anne O'nymous

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For reference...

Original answer:
openNSFW.jpg


First edit:
First off thats proof you have not read as much as you claim.
I never said f95zone - read title. Steam/Patreon - I quite clearly said "paywall".
Steam/Patreon is likely to fall into large vlop category.

You are describing a large VLOP. Which is its own category.
Seperate provision for smaller companies and have to follow all legal definitions or face fines.


Irregardless this was disassembling because I clearly said in title Patreon/Steam.
Though you did unintentionally point out something.


> As for OnlyFans, they qualify under , but aren't yet officially qualified and, therefore, only have to comply by default, without actually facing penalties if they don't goes further than a basic age check and content moderation

So your saying smaller companies obligated to pay fines and will be contact with DSA if they don't moderate content.
What makes you think this will never apply to F95zone who has categories for non-consent and beastality.
There were at least one more edit, that was even smaller and yet something totally different, before there's finally nothing at all...


ng yrnfg jr xabj gung ab NV unir orra hfrq sbe gur jevgvat
 

OpenNSFW

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There were at least one more edit
I gave up you will just disassemble so I will just realized that this is pointless I will request them to delete topic.
I will hope your right and no monitorization of content for Patreon/Steam happens. I never said that pornography was illegal - I said that they will look at what falls under illegal of its respective states and that platforms will remove rather then be contacted to avoid fines/etc.

Anyway I concede defeat
 
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anne O'nymous

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I gave up you will just disassemble so I will just realized that this is pointless I will request them to delete topic.
Something they wouldn't do... At most a move in Off Topic, but no deletion, members have to assume their acts like the adults they are supposed to be.


I'll just hope you are right and that this won't apply to steam/patreon which was whole point and talked around.
Let me guess, you asked an AI to read my posts for you?

I never said that Steam and Patreon aren't big online platforms. I didn't even addressed Steam and Patreon.

They are big online platforms, they'll have to comply with the DSA.
But, fortunately, the DSA isn't what you think it is, don't do what you said it do, and do not imply what you tried to present it as implying. And this, your misunderstanding of the DSA, is the only point I addressed.

Patreon will survive, they already comply to a part of the DSA and, with their outsourced Trust and Safety team, have relatively strong arguments regarding the content moderation.
Itch.io can possibly be targeted too, and will have a bit more difficulties to comply. But in the end of the day, like they also have borderline SFW games, either they comply, what will apply to NSFW games too, or they close. I guess that after the payment processor strike not long ago, this is part of their current thinking process; after all, payment processors don't really care about age check, yet itch.io finally implemented it (the usual weak way so far, but it was an emergency answer).
As for Steam, any German can explain you why they'll not like it. It have absolutely nothing to do with NSFW games, but they will not be able to dodge the issue this time, so it should be beneficial for NSFW games in the same way than for itch.io. Either they close themselves to the whole EU market, or they comply and this compliance for SFW games will automatically spread to NSFW games; they have no reason to get rid of a part of their revenue when they'll finally have the tools they should have had right from the starts for their SFW games.


Ill just call it your win and that this will never apply to Steam/Patreon and they will never be classified as Large VLOPS. Your proved your point.
Wow, never knew that I was this amazing... I achieved to prove a point that I never ever made before this post... Please, starting now call me "your highness", thanks...


Edit: [can you think before you write, and validate once you know what to answer?]
I never said that pornography was illegal - I said that they will look at what falls under illegal of its respective states and that platforms will remove rather then be contacted to avoid fines/etc.
You know that it's ridiculous, right?
As implied above, for Steam it would mean removing 10% of their SFW catalog...
 

OpenNSFW

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I didn't even addressed Steam and Patreon.
Europes Digital Services Act is likely to make all popular sites that paywall NSFW unsustainable [Patreon/Steam/Itchio]
[Title]


Patreon will survive, they already comply to a part of the DSA and, with their outsourced Trust and Safety team
Itch.io can possibly be targeted too, and will have a bit more difficulties to comply. But in the end of the day, like they also have borderline SFW games, either they comply, what will apply to NSFW games too, or they close. I guess that after the payment processor strike not long ago, this is part of their current thinking process; after all, payment processors don't really care about age check, yet itch.io finally implemented it (the usual weak way so far, but it was an emergency answer).
As for Steam, any German can explain you why they'll not like it. It have absolutely nothing to do with NSFW games, but they will not be able to dodge the issue this time, so it should be beneficial for NSFW games in the same way than for itch.io. Either they close themselves to the whole EU market, or they comply and this compliance for SFW games will automatically spread to NSFW games;
:)
> Trust and Safety team

So your saying they need strict monitorization of what can possible be illegal. Would you agree or disagree that would include any NSFW content that is illegal in several member states [Ficitonal Rape/Beastality/Incest]?

In which case they would need to strictly monitor all content and preemptively remove such content - and/or geolock such content that falls under those nations? I mean if they have a trust and safety team they can't knowingly release said content - correct?

Also would you agree it becomes a big oversight if other platforms remove something and you incorrectly do not? So would you agree or disagree it becomes a massive oversight if something becomes banned/geolocked on other platforms and they still release it? Wouldn't that be considered lax especially if they audited for compliance as they would as a large platform such as Steam?

Since this is the actual heart of what I was discussing and took many posts to get here, I would appreciate succinct answers to those questions.
I would greatly appreciate clarification - your highness.
 
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anne O'nymous

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You needed one and half hour of thinking to extend your initial answer, that was limited to ":)", and all you found to say is this?

So your saying they need strict monitorization of what can possible be illegal. Would you agree or disagree that would include any NSFW content that is illegal in several member states [Ficitonal Rape/Beastality/Incest]?
[...]
None consensual sex, bestiality, and incest, have always been forbidden by payment processors, are banned on Patreon since late 2017, weren't really authorized on itch.io, and are explicitly banned by SubscribeStart's Terms of Service since years. Only Steam was blurry on those topics, but already kicked out RapeLay years ago, because it pictured none consensual sex, and more recently kicked out No Mercy due to its incest content.
Anyway, Patreon, itch.io and Steam have always explicitly stated in their Terms of Service that any product sold through their platform have to comply with their payment processor partners' rules. Therefore, all three have always been banned. It's just that the ban wasn't actively enforced before payment processors reminded that their own Terms of Service MUST be followed.

DSA or not DSA, nothing change. Patreon, Steam and itch.io can not host anyone of those three content, have never been legally in position to do it, and this not just in the EU, but at world wide scale.


Wouldn't that be considered lax especially if they audited for compliance as they would as a large platform such as Steam?
No because, once again, it's not really what the DSA is about. And no also because, anyway, the porn content that would be problematical in regard of the DSA is already banned by other entities, way more powerful in this context than the EU commission; being deprived of payment processors for your transactions is a way bigger threat than being fined up to 6% of your benefits.

I also have to insist on the fact that, without depending on payment processors, without actually trying to rely on them, and before any Law entered in application, even SubscribeStar had those three content officially banned from its platform; a ban not actively enforced but still actually explicitly stated in their Terms of Service.



For someone who complain about others not knowing what they talk about and not doing researches, it appear that you don't have the fucking starts of a clue about what you're talking about, and haven't done the starts of a research, not even by simply looking at the titles of the currently hot topics in the part of the forum where you started your thread...
 
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OpenNSFW

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legally in position to do it, and this not just in the EU, but at world wide scale.
Thats not how the law works. It would be illegal in any country where its illegal. Then its up to countries to pursue.
No such thing as a world wide ban. Putting it in your TOS doesnt make it illegal if your in a country where its legal- it gives ground for the COMPANY to remove the content and/or creator at any point without any liability.

Maybe ask your law friend how that works.

It's just that the ban wasn't actively enforced before payment processors reminded that their own Terms of Service MUST be followed.
Which is now being fought that payment processors can not stop any legal transactions and we are also exploring alternative methods to pay such as crypto/methods japans are exploring & we have several acts in progress to try to tamper payment processes.


So your saying they need strict monitorization of what can possible be illegal. Would you agree or disagree that would include any NSFW content that is illegal in several member states [Ficitonal Rape/Beastality/Incest]?
Agree or Disagree - this isn't complicated.
Stop deflecting bringing up payment processes. Stop the games - these games exist on F95Zone and they process the payments so lets stop pretending like the content doesn't exist.
The whole point is that this is the end of the line potentially. Your saying it doesnt matter but your also saying its not 100% enforced but also don't see how a governing body can be a factor. This is a fallacy.

So again agree or disagree. Would the DSA have a problem with content that is released that may be illegal and would they expect all stores under their purview to enforce it.
Do not mention Payment Prcoessors in reply.
 
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anne O'nymous

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Original post, well, after your first edit that I missed:
Which is now being fought that payment processors can not stop any legal transactions [...]
Let me guess, you're among those who totally misunderstood THE executive order?


Corrected, by your last (so far?) edit, into:
Thats not how the law works. It would be illegal in any country where its illegal. Then its up to countries to pursue.
No such thing as a world wide ban. Putting it in your TOS doesnt make it illegal if your in a country where its legal- it gives ground for the COMPANY to remove the content and/or creator at any point without any liability.
Any service provider have the right to limits the range of use of its service; it's their own liability, as well as users obligations, that can be discussed. And it happen that payment processors have decided that they do not permit certain kind of porn.


Stop deflecting bringing up payment processes.
I'm not deflecting, I'm (filling my time) trying to educate you.


these games exist on F95Zone and they process the payments so lets stop pretending like the content doesn't exist.
F95Zone, the biggest piracy forum when it come to adult games, proceed payments?

Why am I always the last to be informed...


Your saying it doesnt matter but your also saying its not 100% enforced but also don't see how a governing body can be a factor. This is a fallacy.
Patreon ban incest, bestiality, none consensual sex, and loli, since now near to 8 years.
Terms of Service for Patreon, Steam, and itch.io, explicitly say that users have to comply to their payment processor rules.
Payment processors have always banned this kind of porn content.
Steam and itch.io, ban it since a bit less than a month, at the request of payment processors.

It's not fallacy, it's facts.


So again agree or disagree.
Learn to understand what you read without the help of an AI, I already answered.
 
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woody554

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-EU has 27 countries.
Every platform will have to follow the country with the most insane rules. If any country in Europe changes law it will effectively be in every TOS.
you must be american, right?

it's the opposite: EU laws must be unanimous to pass, and then each member state must pass the same thing in their own legislation for the law to apply in THAT and only that specific state. if your specific country doesn't ratify it, the thing continues to be legal in that specific country.

so even one single country (like hungary has been) can veto decisions, and getting around that pretty much requires the other countries to push for kicking that country out. which hasn't happened even with the authoritarian hungary, so there's literally zero chance of that happening on a frivolous moralist cause like anti-porn.