Talk for Article "Update to EU copyright law could ‘destroy internet as we know it,’ say campaigners"

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    Currently, the article says:

    “Under Article 13 of the legislation, sites that allow the public to post potentially copyrighted content would have to go through a copyright filter to see if it matches a copyrighted work.”

    I suggest being a little more specific about what types of content would be affected. Gizmodo says Article 13 would affect content like “text, sounds, code, still or moving images.”

    I believe the article should also state when this vote is going to happen, and who can stop it. From what I understand, The European Parliament (EP) is the main group who could eliminate Article 13. The Committee on Legal Affairs (JURI) plant to vote on the proposal on June 20-21, 2018. If the EP votes against filtering uploads as written in Article 13, then negotiations will begin between the EP and the European Commission and Council.

    I also think the article should talk more about who has been opposed to the law, and more examples of why.

    According to BBC, “The Electronic Frontier Foundation and 56 other rights organisations sent an open letter to European lawmakers in October outlining their concerns about Article 13.”

    According to The Telegraph: “Critics fear this will destroy the hugely popular internet culture of sharing and modifying recognisable images, often referred to as ‘memes’ on social media. The pictures in question, which typically consist of scenes featured in popular films and TV series, may constitute a breach under the new law.”

    Gizmodo just reported this week, “On Tuesday, more than 70 notable people in the field of technology signed a letter addressed to the President of the European Parliament urging him to oppose Article 13.” Authors included Vint Cerf (one of the “fathers of the internet”), Tim Berners-Lee (“inventor of the World Wide Web”), Jimmy Wales (co-founder of Wikipedia), and Brewster Kahle (founder of the Internet Archive).

    Something mentioned in the letter which I thought might be worth noting in the article is that under the current European model “those who upload content to the Internet bear the principal responsibility for its legality, while platforms are responsible to take action to remove such content once its illegality has been brought to their attention.” This contrasts to Article 13, which would incentivize both big and small businesses to limit the type of content that can be posted on their services, even if they’re sometimes blocking legal content, just to be on the safe side. The letter added, “The damage that this may do to the free and open Internet as we know it is hard to predict, but in our opinions could be substantial.”

    Another interesting tidbit from BBC: Jim Killock (the executive director of the UK’s Open Rights Group) said, “The EU wants to apply the Robocop approach to extremism, hate speech, and anything else they think can get away with, once they put it in place for copyright. This would be disastrous.” It might be worth discussing the idea that Article 13 could lead to further legislation using the same principles/mechanisms for the censorship of ideas( in addition to copyright infringements).

    Sources:

    https://gizmodo.com/the-founding-fathers-of-the-internet-plead-with-eu-to-s-1826792360

    https://www.bbc.com/news/technology-44412025

    https://www.telegraph.co.uk/technology/2018/06/08/european-copyright-law-will-result-meme-ban-campaigners-warn/

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      This article says the filtering could apply to “text, pics, videos, games, sounds, code.”

      I hadn’t heard this anywhere else: “Anyone can add to the blacklist, too: under Article 13, sites have to let people claim new copyrighted works — but the rule has no penalties for abuse. Trolls can lay claim to every word ever posted to Wikipedia and stop anyone from quoting it on a WordPress site or Twitter or Facebook. If you get censored, your only recourse is to ask the site to reconsider its algorithmic judgment. If they won’t listen or don’t agree, you have to hire a lawyer to sue to get your free speech back.”

      It points out that “news sites may seek to withhold linking licenses from critics who want to quote from them in order to analyze, correct and critique their articles, making it much harder for anyone else to figure out where the positions are in debates.”

      I also thought this was interesting: “Every member state will get to make its own rules for quotation and linking”

      https://boingboing.net/2018/06/07/thanks-axel-voss.html

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        I thought this was also worth mentioning, “According to MEP Julia Reda, who is opposed to Article 13, there is currently a razor-thin majority in favour of the change.”

        https://www.siliconrepublic.com/enterprise/eu-copyright-proposal-letter

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          I would like to add from the open letter (Oct. 2017) that the BBC wrote about:

          “If EU legislation conflicts with the Charter of Fundamental Rights, national constitutional courts are likely to be tempted to disapply it and we can expect such a rule to be annulled by the Court of Justice. This is what happened with the Data Retention Directive (2006/24/EC) …”
          https://www.liberties.eu/en/news/delete-article-thirteen-open-letter/13194

          The initiators of this letter were the Civil Liberties Union for Europe (Liberties) and European Digital Rights (EDRi).

          On the occation of the upcoming vote, EDRi picked up the topic again, linking to already published articles:
          https://edri.org/coordinated-action-censorship-machine-call/

          The “European Intellectual Property Review” recently published a position paper and analysis which is also about Recital 38:

          Senftleben, Martin et al.: The recommendation on measures to safeguard fundamental rights and the open internet in the framework of the EU copyright reform
          https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3054967

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            Further reference:

            The Council of the European Union adressed questions concerning Article 13 and Recital 38 to the Legal Service:
            http://statewatch.org/news/2017/sep/eu-copyright-directive-ms-questions-council-legal-service-25-7-17.pdf

            The answer of the Legal Service, published by Politico:
            http://www.politico.eu/wp-content/uploads/2017/10/copyright-document.pdf

            I found these sources via iRights.info (in German):
            https://irights.info/artikel/eu-urheberrechtsreform-streit-ueber-upload-filter-und-grundrechte/28780

    1. [ This comment is from a user you have muted ] (show)

      Definitely good references/reading!

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