Yes, but lemmy.ml went down today, before the blackout, and way ahead of the API shutdown. It WILL go down again due to the load.
This might fragment the community, but a dedicated instance by a r/Piracy mod is better than relying on one that could go down at any moment. Eventually, people will just use the new one and it won’t matter. I think this is a good call.
This is part of the reason I made my own instance. It’s now my responsibility to keep my own account functioning, not someone else’s. Anyone’s server going down won’t prevent me from using Lemmy or making comments.