Explain to me why that matters at all in an ethical sense. Especially given the scraping / pirating that's gone on by all of these companies in the last number of years.
Most nitter instances don't do anything to avoid legal trouble from X. They simply hope that X will not go after them. There are some instances which do put in effort to stay anonymous, and they usually do that with a Cloudflare tunnel to hide their server IP and by not posting any personal details online.
None of the sites on the codeberg instance list spread malware. If you can link to one that does, I would be shocked. Some of the instances use CAPTCHAs such as DogWAF to prevent scraping, but those are absolutely not malware.
It is possible to create X accounts without a phone number. I run [service].miningtcup.me and it uses 5 accounts, none of which required phone numbers for me to create, and none of which I paid for. You just have to get creative.
All the instances on the list agreed to be put on it. Their maintainers decided that they were willing to be on it because it's unlikely that they will get a C&D.
No, not automatically. The list is instances which are reliable, so if an instance is ratelimited any noticeable portion of the time, it won't be up there.
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