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Single European Copyright Title On the Horizon

presroi (657709) writes "It has been 13 years after the last harmonization effort of copyright within the European Union and this period might soon be over. After the election of a new European Parliament in May this year, Jean-Claude Juncker has been nominated to become the new President of the European Commission. He has named a unified copyright his top priority, a statement repeated today at a hearing before the Greens/EFA group in the European parliament (transcript of the question by MEP Julia Reda and his answer in German, Video recording). These statements are coinciding with the upcoming release of a report by the General Directorate in charge of copyright, of which an advanced draft has been already leaked to the internet. The report analyzes four possible policy options, one of which is the introduction of a Single EU Copyright title."

24 of 94 comments (clear)

  1. Good news by marcello_dl · · Score: 3, Funny

    Nice to know that in our beloved EU the top priority for a politician is the harmonization of copyright. It means that all the other pressing problems have been solved.

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    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    1. Re:Good news by Anonymous Coward · · Score: 2, Insightful

      I know what you mean. They just filled a pothole on my street. That must mean there's a cure for cancer, right?

    2. Re:Good news by Anonymous Coward · · Score: 4, Funny

      They probably didnt mean to fill it, that would be fixing things. More likly, it was an implementation of the new and improved EU regulated speedbumps. Marked with the new and improved EU regulated paint and the new and improved EU regulated speedbumpsign.

    3. Re:Good news by debma · · Score: 3

      You're right, it makes completely sense to allow drivers from other countries on your roads and then have different rules and signs. It's also correct that you'd better not regulate the production of chemicals. Who cares what they put in it or that it is produced by 10 year olds?

    4. Re:Good news by K.+S.+Kyosuke · · Score: 5, Informative

      Corporate tax avoidance?

      --
      Ezekiel 23:20
    5. Re:Good news by AmiMoJo · · Score: 4, Insightful

      Harmonization of rules like this is the point of the EU. If someone in Italy starts ripping off the work of someone in France the French person doesn't have to worry about Italian law being significantly different to his own. Companies that rely on copyright to do business can operate over EU borders more easily, people can buy music from services in other EU countries without worrying about the copyright status of the tracks in their own.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:Good news by CrimsonAvenger · · Score: 2

      Corporate tax avoidance?

      Would that be like when you take your Standard Deduction (or Itemized, as appropriate for you) on your Income Taxes?

      Or deduct your VAT, if applicable?

      Do try to remember that "tax avoidance" is synonymous with "didn't pay any more taxes than legally obligated to". What it does NOT mean is "broke the law by paying less taxes than the law requires"....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    7. Re:Good news by Maxo-Texas · · Score: 3, Insightful

      So we really need a new name for when a company regularly avoids so much tax that it makes a profit off the tax system and another one for when it regularly pays zero taxes and shifts all of it's profits to another country while also consuming resources in the host company.

      I kinda like parasiticorp for the second one.

      The first is probably more "Evil scum back leeching bastards" but that seems too mild.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    8. Re:Good news by davester666 · · Score: 2

      It is a problem, just the opposite of how they plan to fix it.

      They will "harmonize" it by picking the longest terms and adding a little bit, highest penalties and adding a little bit, most enforcement and adding a little bit, etc.

      --
      Sleep your way to a whiter smile...date a dentist!
  2. And lemme guess at the "improvements" by Chas · · Score: 5, Insightful

    Nigh infinite duration.
    Poor review with an unfunded regulation body.
    A crippling, life-destroying penalties structure.
    Fair use? Son? What do you think this is? You're dreaming. Now go to jail! Because we have the patent on that and don't want you using it.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:And lemme guess at the "improvements" by SuricouRaven · · Score: 3, Interesting

      You could read it, if you can translate from political doublespeak. I couldn't find anything about term extension of penalties, though there is a bit in there about enforcement. As best I can try to follow the semi-english obstruction, it seems to be proposing requiring ISPs and banks to take an active role in blocking infringing websites and cutting off their funding.

    2. Re:And lemme guess at the "improvements" by wonkey_monkey · · Score: 2

      No, I think you were right the first time.

      --
      systemd is Roko's Basilisk.
  3. Skimmed through by SuricouRaven · · Score: 5, Informative

    These are the most annoying parts, translated as best I can from Politician:

    3.2.6: Extend the blank media levy to Europe-wide, rather than country-by-country.
    3.3.4: Proposes increasing 'due diligence' burden on 'all actors in the value chain.' I think this means increase ISP liability for internet piracy so they are forced to preemptively block sites providing infringing content. It also specifically talks about the role of financial institutions in ensuring infringing services are unable to do business.

    1. Re:Skimmed through by Anonymous Coward · · Score: 2, Interesting

      3.2.6: Extend the blank media levy to Europe-wide, rather than country-by-country.

      I'm surprised copyright owners are still pushing for that since it has already come to bite them in the back in multiple occasions.
      In many countries, they're not able to prosecute for non-commercial copyright infringement because of that law. The rationale is that the infringer already paid for his copy in the for of that tax.

      It's of course a stupid law and I hate to see it in the proposal, but I can't help but wonder if it won't effectively create a Europe-wide file sharing utopia.
      Ahah! just kidding. They'll want to have their cake and eat it too, and our politicians won't stand in the way.

    2. Re:Skimmed through by Immerman · · Score: 3, Informative

      Actually, IIRC the DMCA *does* have penalties for false take-down notices, they're just never enforced. Make enough of a nuisance of yourself to the big players though and I imagine they'll make sure that changes.

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      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    3. Re:Skimmed through by suutar · · Score: 2

      The problem is that filing a take down notice only requires two assertions: that you own or are an agent for someone who owns the copyright being (allegedly) infringed, and that you have a good faith belief that there is infringement happening. The first is subject to perjury penalties, which (perhaps unintentionally) prevents prank takedowns from non-copyright-holders. The latter, however, is nearly impossible to disprove without a smoking-gun email, leaving anyone who really is a copyright holder free to scatter takedown requests like rice at a wedding.

    4. Re:Skimmed through by Immerman · · Score: 2

      I suspect the prank take down obstruction was intentional, surely the publishers lobbying for the law realized it could otherwise be easily used against them. As for good faith, I think that comes down to interpretation. It should only take one reasonable judge smacking down a "good faith belief" in the infringement of a clearly non-infringing work to establish new precedent - say one of the many cases where a similar title was the only common element. Of course IANAL, so perhaps "good faith" clearly allows for inflicting hours or months of legal difficulties on someone without doing even 2 minutes of common-sense confirmation first, but there seems to be considerably overlap between the concepts of "good faith" and due diligence"

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      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    5. Re:Skimmed through by suutar · · Score: 2

      sadly, the legal definition of good faith (as described at legal-disctionary.thefreedictionary.com) has no connection with due diligence; it's all about taking things at face value. If the automatic scanning program says it's a hit, that's enough for a good-faith belief, until enough bad hits are revealed to show that the scanner is not deserving of that faith. (Which also means that copyright holders have pretty much zero incentive to improve such scanners until forced to.)

  4. might not be such a bad idea by Anonymous Coward · · Score: 3, Interesting

    As someone who deal with copyright issues on a daily basis (i work in publishing, for the wargamers community). Dealing with disharmonized laws in Europe is a bit of a nightmare (i m based in France and recently had to deal with copyright issues in UK, turned out to be a bit of a nightmare).
    A unified law in Europe would help my dealings with authors.
    However i m sure they will put some insane things in it, the problem being that we basicaly got no saying when it comes to EU laws.

    1. Re: might not be such a bad idea by Anonymous Coward · · Score: 2, Interesting

      I did participate in the survey, however a survey is just a consultation , even if the majority would say they wanted to reduce the lenght of copyright to say 10 years they wouldnt be under any obligation to follow it. EU has an history of asking and doing the opposite, hence why i say we actually have no say.

  5. Just to get through the misleading stuff: by arisvega · · Score: 5, Informative

    After the election of a new European Parliament in May this year, Jean-Claude Juncker has been nominated to become the new President of the European Commission

    Basically, all of EU 's administration that matters is chosen by the running governments of the member-states: all administration is merely an assembly of the guys already in charge. The European Parliament has had very little to say on administrative issues, and this is the first term that the European Parliament's members will presumably have the power to block EU directives (something that remains to be seen how it works out): and this is the only part that they will have in the law-making process --the European Parliament DOES NOT have the power of legislative initiative.

    FYI, so you do not get carried away by flashy designations and think that this is an actual parliamentary representative democracy akin to national parliaments: it is not.

    --
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  6. Disappointing by amaurea · · Score: 5, Informative

    I took part in the copyright consultation (along with about 10000 others), and like many other members of the general public I pointed out the need for reducing the scope and duration of copyright, and to actually try to measure what effects copyright has rather than blindly assuming that it will have its intended consequence of increasing the production of works. I also pointed out that much cultural production, perhaps the majority if you count by the number of authors, is currently illegal due to unauthorized use of copyrighted works. This would disappear if the law as it is were consistently enforced, and gives us a glimpse of the cost of the current system.

    After reading parts of the leaked white paper, I am disappointed by the European Commission's response. They give lip service to these issues ("the need for an evidence-based approach", for example), but only in passing. In their "way forward" suggestions, they always choose either to do nothing, or to move according to the wishes of large publishers. They also assert, without evidence, that the dynamic, meditum-to-longer-term effect of reducing copyright would lead to a faster rate of obsolecense of copyrighted material, which would then lead to less incentive to create new works. That's stated as if it were self evident, just a single page after they emphasized the need for an evidence-based approach. In fact, I think a stronger case could be made for exactly the opposite conclusion: When copyright doesn't last forever, you have an incentive to create new works to benefit from.

    I did not expect much from the consultation, but I hoped that they would at least discuss the issues raised there, and argue against parts they disagreed with, rather than just ignoring them.

    1. Re:Disappointing by grep+-v+'.*'+* · · Score: 2

      I hoped that they would at least discuss the issues raised there, and argue against parts they disagreed with, rather than just ignoring them.

      "It is difficult to get a man to understand something, when his salary depends on his not understanding it." -- Upton Sinclair, circa 1934.

      Oh crap, that's still under copyright; he's only been dead for 46 years and said it a mere 80 years ago.

      Never mind, I didn't say anything there. Nothing at all. Nope. Really! ... please?

      --
      If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
  7. Re:Maybe something sensible? by coofercat · · Score: 2

    We can expect millions of euros spent on months and months of wrangling to try to keep the most corporate-sponsored parts of the plan to be kept in whilst wording them in such a way that they don't look so corporately sponsored. All the features that the ordinary people of Europe might want will be watered down in wording that looks like it's all good but actually gives no power to those clauses.

    If you want shitty legislation, you've really got to pay for it. If you want good legislation, look elsewhere :-(