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EU Wants To Require Platforms To Filter Uploaded Content (Including Code) (github.com)

A new copyright proposal in the EU would require code-sharing platforms like GitHub and SourceForge to monitor all content that users upload for potential copyright infringement. "The proposal is aimed at music and videos on streaming platforms, based on a theory of a 'value gap' between the profits those platforms make from uploaded works and what copyright holders of some uploaded works receive," reports The GitHub Blog. "However, the way it's written captures many other types of content, including code."

Upload filters, also known as "censorship machines," are some of the most controversial elements of the copyright proposal, raising a number of concerns including: -Privacy: Upload filters are a form of surveillance, effectively a "general monitoring obligation" prohibited by EU law
-Free speech: Requiring platforms to monitor content contradicts intermediary liability protections in EU law and creates incentives to remove content
-Ineffectiveness: Content detection tools are flawed (generate false positives, don't fit all kinds of content) and overly burdensome, especially for small and medium-sized businesses that might not be able to afford them or the resulting litigation
Upload filters are especially concerning for software developers given that: -Software developers create copyrightable works -- their code -- and those who choose an open source license want to allow that code to be shared
-False positives (and negatives) are especially likely for software code because code often has many contributors and layers, often with different licensing for different components
-Requiring code-hosting platforms to scan and automatically remove content could drastically impact software developers when their dependencies are removed due to false positives
The EU Parliament continues to introduce new proposals for Article 13 but these issues remain. MEP Julia Reda explains further in a recent proposal from Parliament.

110 comments

  1. first post by Anonymous Coward · · Score: 2, Interesting

    $ git push ...
    remote: Resolving deltas: 100% (2/2), completed with 2 local objects.
    remote: error: GH013: Your push could infringe someone's copyright.
    remote: If you believe this is a false positive (e.g., it's yours, open
    remote: source, not copyrightable, subject to exceptions) contact us:
    remote: https://github.com/contact
    remote: We're sorry for interrupting your work, but automated copyright
    remote: filters are mandated by the EU's Article 13.
    To github.com/vollmera/atom.git
      ! [remote rejected] patch-1 -> patch-1 (push declined due to article 13 filters)

    1. Re:first post by Anonymous Coward · · Score: 0

      This can be a nice thing: people start to look to really distributed and non-easy-lockable solutions.
      NixOS have a nice project: have derivations (spec files/ebuild/the source stuff used to build the
      distro) and binary cache (i.e. repository) distributed via ipfs. It work despite it's still very slow and
      not much reliable...

    2. Re:first post by Anonymous Coward · · Score: 0

      No. People start to look to closed source garbage companies that have the lawyers and the capital to work more quickly around this bullshit. This is protectionism for the corporations that need it the least, and that's never a nice thing.

  2. Europe has so many crazy internet laws! by Anonymous Coward · · Score: 1

    Seems like just putting up a website that targets the European market violates dozens of laws over there.

    Can't think of a worse place to do business in the new economy.

    1. Re:Europe has so many crazy internet laws! by AHuxley · · Score: 1

      The internet will just route around the EU censorship.
      People in the EU who want to enjoy some freedom will just use a really great VPN.
      The more EU bureaucrats enforce censorship, the more people in the EU will use US products and services.

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re: Europe has so many crazy internet laws! by Anonymous Coward · · Score: 0

      I'm not sure what anything mentioned there has to do with the article. Sure, the EU is becoming a harbor for terrorists. On the other hand it is helping save people from the atrocities being committed in the Middle Eastern / Northeast African regions.

      While it may be accurate, the language and failure to be able to appropriately spell without using numbers causes your point to be treated as moot. Also, the fact that it is completely off topic causes people to dismiss you. The post is more about censorship and the overreach of governments, not the debate surrounding Sharia law in EU member countries and the UK.

  3. The more the EU embraces censorship by AHuxley · · Score: 2, Interesting

    The more freedom after speech in the USA becomes attractive again.
    How did all that censorship work out for the Warsaw Pact nations?
    Keep the population from talking and thinking?

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      That's why yeomanry need to smash-face progressive Trotsky-spewing thought-crime agendas. Hurt the neoStalinist censors and their SJW panders ... break their bones and hurt them bad.

    2. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      The US encourages free speech...so it can illegally monitor it, surveil it, wiretap it, store it in a datacenter, catalog it, and index it.

      Free speech? Yes, keep speaking please.

    3. Re:The more the EU embraces censorship by BlueStrat · · Score: 3, Insightful

      The US encourages free speech...so it can illegally monitor it, surveil it, wiretap it, store it in a datacenter, catalog it, and index it.

      Free speech? Yes, keep speaking please.

      Indeed, because:

      "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him." -- Cardinal Richelieu

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    4. Re:The more the EU embraces censorship by AHuxley · · Score: 2, Interesting

      AC:
      In the US you are free to give a speech.
      To publish a book. To write a message about the news online. To engage in any political discussions about politics and talk about any part of history.
      In the USA you don't have to be a government approved reporter or academic to comment within set laws about politics or history.
      In the USA you are still free after the speech.
      In the USA a person is still free after researching a book. A person is free to publish a book. The author can self publish. The author and publisher do not face jail time for the content of a political or history book.
      In the USA you can upload an interview talking about your book to people who are free to ask any question about the book.
      Nation in the EU would try to investigate everyone at all such events.
      The US supports the freedom to talk about the book in public.
      The EU supports nations investigating anyone who reads a book.
      To give an interview about their book that mentions politics or history. The freedom to give talks about history. To go online and join in any discussion about their book.
      The USA protects their citizens from any gov that wants to ban their publication and free speech.
      In the EU a nations police record the speech.
      The EU nation then investigates the person speaking, their work, their bank accounts, their politics, any publications. Who they are and what they do.
      What was the topic and why did the person think they have a right to give speeches?
      An EU nation starts a formal investigative police interview into why a person wanted to write a book. Has the person go over the political content of their speech in a formal legal setting.
      The EU nations then support and consider court action and fines for speech.
      The EU supports its nations using jail time to stop speech.
      The US is the freedom to publish and talk again on any topic. The EU supports jail time for talking for the first time.

      --
      Domestic spying is now "Benign Information Gathering"
    5. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      You don't understand: Europeans love authority. The like being told what to think and what to do. They ask for nothing but strong leadership. It's their nature. One day they will get a strong EU leader and they will be marching down the streets, arms raised, chanting and praising their glorious new Leader, ready to destroy anything and anyone they will be told to. It's part of their great cultural heritage, you know.

    6. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      > freedom of speech in the usa becomes attractive again

      'hold my beer'
      -trump

    7. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      In the USA you are still free after the speech.

      Maybe you should ask Edward Snowden about that.

    8. Re: The more the EU embraces censorship by Anonymous Coward · · Score: 0

      What you say can and will be used against you.

    9. Re:The more the EU embraces censorship by AHuxley · · Score: 2

      Read up on the Pentagon Papers https://en.wikipedia.org/wiki/... AC.
      Publication and later discussion is not a problem in the USA as freedoms are fully protected.

      --
      Domestic spying is now "Benign Information Gathering"
    10. Re:The more the EU embraces censorship by Brett+Buck · · Score: 1

      Scratch any socialist, and you will find a totalitarian. It can't work any other wa. You more-or-less have to compel people to work against their own interests by coercion or force.

    11. Re:The more the EU embraces censorship by El_Muerte_TDS · · Score: 1

      You think these upload filter proposals come from within the EU? They come from mostly US based multi nationals (which have a postbox in the EU to avoid taxes). If successful in the EU they will not stop and come after the USA.
      Censorship of the internet is a global problem even if only applied to part of the world.

    12. Re: The more the EU embraces censorship by p91paul · · Score: 1

      Yes, because the DMCA was written in Europe....

    13. Re:The more the EU embraces censorship by AHuxley · · Score: 1

      The USA staying free protects the entire internet as it always did from EU bureaucrats.
      That would need some US cyber laws to remove the US First Amendment protections.
      Some color of law cyber changes to get around the US First Amendment?
      A series of well funded social media and media lawsuits about the results of US investigative journalism?
      Could enough US party political legal wins using individuals remove the First Amendment protections for the internet and social media?

      --
      Domestic spying is now "Benign Information Gathering"
    14. Re: The more the EU embraces censorship by AHuxley · · Score: 1

      The C stands for Copyright.
      Thats not a government blocking your right to publish, self publish, talk, comment, quote someone, give an interview, show a picture, quote a historical document.

      --
      Domestic spying is now "Benign Information Gathering"
    15. Re:The more the EU embraces censorship by BlueStrat · · Score: 2

      In the USA you are still free after the speech.

      Maybe you should ask Edward Snowden about that.

      Read up on the Pentagon Papers https://en.wikipedia.org/wiki/... AC.
      Publication and later discussion is not a problem in the USA as freedoms are fully protected.

      In theory you are correct. However, in practice it's quite a different story as Wikileaks/Assange and the US's vendetta against them for merely publishing what was leaked to them demonstrates. The NYT could not be punished for printing the so-called "Pentagon Papers" and there is even less legal, jurisdictional, and Constitutional standing to go after Wikileaks/Assange.

      Snowden is a whistle-blower on the US Government's widespread, blatant, ongoing, illegal, and unconstitutional domestic surveillance programs. He is a hero who will eventually be written about as such in future works on US history. These US domestic surveillance programs are one of, if not *the* top threats to a relatively free and open society and if not stopped, a certain path to an authoritarian police state the likes of which would make the former East German rulers green with envy.

      Operation Choke-point is another example of blatantly unconstitutional censorship and extrajudicial interference and punishment for involvement in legal activities and commerce that those in power want to harass, intimidate, and/or force out of business and/or into silence/out of publication/off the 'net/etc, depending.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    16. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      How wrong can you be you stupid moron. That's why americans have all those hero fantasies, so that there would be someone to tell them what to do. Not to mention the fact how you think the president is the one and only leader. What the fuck is that?

    17. Re:The more the EU embraces censorship by rastos1 · · Score: 4, Insightful

      The US has civil asset forfeiture.
      The US has citizens, that did nothing wrong, barred from voting.
      The US has TSA and constitution free zone.
      The US does not have universal health care.
      The US has gerrymandering.
      The US does not mandate paid parental leave.
      The US has trigger happy cops with tanks.
      The US has death penalty.
      The US has for profit private jails.
      And even if all of that was resolved, you still have Trump for president ;-).

      And, contrary to you, I can back all that with links.

      Call me an idiot, but I'd take banned holocaust denial over that any day.

    18. Re: The more the EU embraces censorship by Teun · · Score: 1

      Sure, but what is fair about moving the original copyright from a couple of years to now life + however long Disney can milk it?

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    19. Re:The more the EU embraces censorship by Teun · · Score: 1

      You are 100% correct.
      Now it is up to the EU population to put their parliamentarians back on track.
      Luckily the EU parliament can propose new laws, they will only be enforced once the EU commission and the member states agree which in this case is very unlikely.

      All in all a more reliable system than where one loony president can (even temporarily) upset the world economy single handed.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    20. Re:The more the EU embraces censorship by edittard · · Score: 1, Funny

      Nah. If there was any form of repression in the US the people would solve it with guns.

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    21. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      You are 100% correct.

      Now it is up to the EU population to put their parliamentarians back on track.

      Luckily the EU parliament can propose new laws, they will only be enforced once the EU commission and the member states agree which in this case is very unlikely.
       

      EU parliament cannot suggest new laws? They can only approve suggestions from the EU commission. It is not a real parliament as people know them.

    22. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      Nah, no need to compel people to work against their interest to be socialist. They can work towards their own interests while still being of benefit to society as a whole.

      I'd bet parent is of the opinion that taxation is theft. It's somewhat compatible with the opinion that socialist governments compel people to work against their own interest. It appeals to greed, without acknowledging that a lot of things ARE in your own interest. Roads and other infrastructure for example, police and fire services, etc.

      One thing the US seems willing to ignore: provide a safety net for people so they don't become desperate and do anything to survive. Public education, welfare and medicare is the sort of thing that used to be supported by conservatives before they polarized, because it would mean a better pool of people available to exploit. It would mean fewer peasants ready to rise up or go bandit, to borrow a metaphor from a darker time. Or from this time, fewer people looking to cook meth to pay for the doctor.

    23. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      Poe's law???

    24. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      At least there are no "I can do whatever I please because I'm literally outside of the law" monarchies. It's nice to have someone who can kill you, and should your family go to court, they would be the ones going to jail!

    25. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      "The US does not have universal health care." =
      The US has health freedom.
      " The US does not mandate paid parental leave." =
      The US has voluntary association with business one chooses.

      I concur with all other statements posted.

    26. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      Yes scratch, but just don't sniff... believe me on that one!

    27. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      Hurrdurr but gunz. Are any of these issues that gun owners, en masse, consider worth violently revolting against the government for? Or maybe there's a bit of a difference between not having parental leave and putting jews in gas chambers. Just because someone owns a gun doesn't mean their solution to every problem is to start shooting people.

    28. Re:The more the EU embraces censorship by DarkOx · · Score: 0

      The US has civil asset forfeiture.

      Debateably unconstitutional. The right case before the court could fix that. Unlike the GPs complains against the EU where I don't see any legal recourse, or hope for change.

      The US has citizens, that did nothing wrong, barred from voting.

      No we don't this is propaganda. Occasionally someone does not get to vote because they fail to do very very basic things, we require of anyone who even wants to purchase cold medication. The people making this claim are doing so because they want ineligible voting. Legitimately ineligible people, because they are non-citizens or convicted felons. This actually happens in large numbers in some places and provably so.

      The US has TSA and constitution free zone

      Again nope, not there are no abuses but this isn't true.

      The US does not have universal health care.

      Yes and until that conartist Obama go elected we were a free nation for it. Thanks to DJT's tax reform the truly evil part of Obama's healthcare law is going away.

       

      The US has gerrymandering

      Which is changing thanks to the courts. Though I am not sure that its a good thing. gerrymandering actually protected certain minorities by ensuring they go representation which they will now loose.

      The US has trigger happy cops with tanks.

      Well you go there, there is no excuase for cops having tanks. There should be no such thing as a SWAT team. If "special weapons and tactics" are needed that isn't a crime anymore its an uprising and our National gaurd not local police forces should be handling it. Accountability should at least hit the Governors office.

      The US has death penalty.

      Which I also think is a good thing. There are certain class of criminals who do things that are both heinous and for whom decades of statistics show have little hope of reform. I agree we tragically over use capital punishment it should be reserved for the absolute worst sorts of rapists and mass murders and I think the standard ought to be higher, not just beyond reasonable doubt, but beyond almost any doubt. The Boston bomber and the recent school shooter are good examples - we have lots of witnesses and video from multiple sources. Both Justice and Society are served by putting these monsters beyond where they can ever hurt anyone again!

       

      The US has for profit private jails.

      And why not? Waaay more accountability than you get with public union employees. Much better chance of individuals who are wronged getting redress thru the courts.

      And even if all of that was resolved, you still have Trump for president ;-).

      Yes well we can be forgiven for that I think. You have to consider the alternative was Hillary Clinton!

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    29. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      Sooo when one must choose... idiotic laws we compare to them other idiotic laws and declare one must choose? right... guess where this leads in real fast way... downward spiral of lesser of two evils... people think they won small battle when large battle is constantly being lost...

    30. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      > Snowden is a whistle-blower on the US Government's widespread, blatant, ongoing, illegal, and unconstitutional domestic surveillance programs. He is a hero who will eventually be written about as such in future works on US history.

      I will partially disagree with you on one point, Strat.

      He is not a hero. He had a duty to safeguard that information due to its classification. He is a traitor.

      However, I am grateful that people like him are blowing the whistle on unconstitutional (by any normal standard, other than the government's) operations by agencies that, in reality, have no oversight. I don't believe we will ever get to the point of East Germany under Communist rule. It's a different age; They will manipulate the masses instead of making dissenters disappear. Look at the Democratic and Republican parties. They're both full of totalitarians who think that their way is the best way to impose rule. Both are wrong.

      The amusing thing about their collection of so much data is that now it's an overload of data, and they can't properly sift through it, so they have gotten worse at stopping actual terrorists.

    31. Re:The more the EU embraces censorship by liquid_schwartz · · Score: 1

      The US has citizens, that did nothing wrong, barred from voting.

      And, contrary to you, I can back all that with links.

      I live in the US and I'm not familiar with this one. Can you provide the link you mentioned? Thanks

    32. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      Hey there. I just wanted to say hi and disagree with you on a few things:

      The US has TSA and constitution free zone

      Again nope, not there are no abuses but this isn't true.

      It's not really that "not that there are no abuses," but more "But you're very likely to find abuses."
      Border Patrol Agents routinely overstep their bounds and the charter for border patrol. Like the TSA, who also routinely abuses their power to inconvenience you, they're not law enforcement agents, and have very little actual authority. The only authority Border Patrol has is, legally, at the border, to ask your residence status. i.e. whether or not you are a US citizen. Some take this to mean that the burden of proof that you are not is on them (including many judges), but they don't see it that way.

      The US does not have universal health care.

      Yes and until that conartist Obama go elected we were a free nation for it. Thanks to DJT's tax reform the truly evil part of Obama's healthcare law is going away.

      Whether or not you meant that Universal Health Care is evil, I don't know. I will state that it is not. Also, thanks to President Trump's tax reform, there are many other down sides. According to a poll available on The Hill, many small businesses are stating that they are not going to hire or give raises. Though, that's what many of them said when the ACA started (and put some insurance companies and small businesses out of business).

      The US has trigger happy cops with tanks.

      Well you go there, there is no excuase for cops having tanks. There should be no such thing as a SWAT team. If "special weapons and tactics" are needed that isn't a crime anymore its an uprising and our National gaurd not local police forces should be handling it. Accountability should at least hit the Governors office.

      The US has for profit private jails.

      And why not? Waaay more accountability than you get with public union employees. Much better chance of individuals who are wronged getting redress thru the courts.

      For-Profit prisons drive our criminal justice system to "mandatory minimum sentences," the "war on drugs," and other terrible ideas. It also drives lawmakers to create more criminals because their friends over at CCA and GEO/Wackenhut. The companies are trying to turn a profit from the "rehabilitation" of criminals, which leads to abuses, inhumane conditions, and sub-par facilities. Granted, they're criminals, so it shouldn't be a day spa, but these facilities take first-time offenders and create career criminals, the prisoners are treated like animals and robbed of any decency. It's not "rehabilitation," it's criminal career training.

      And even if all of that was resolved, you still have Trump for president ;-).

      Yes well we can be forgiven for that I think. You have to consider the alternative was Hillary Clinton!

      Well, she wasn't the only alternative. Until people get smart and quit with the idiotic "If you vote 3rd party, you're throwing your vote away," crap, this country will be screwed by the most powerful, not the best. the DNC and GOP are terrible organizations, rife with corruption. But people still vote for them, even though they hate the candidate... because "At least it's not Clinton!" or "At least it's not Trump!"

      There were good candidates in the other parties. One such party was on the ballot in all 50 states (Libertarian) and the Green Party was on the ballot in most states.

      I mean, if you're a left-winger, might as well vote for the Communist Party USA. If you're a right-winger, might as well join the American Nazi Party.

      If you're norma

    33. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      When you are the victim of asset forfeiture, you have no more the assets to pay your lawyer. The right case is a fiction.

      >>The US has civil asset forfeiture.
      >Debateably unconstitutional. The right case before the court could fix that. Unlike the GPs complains against the EU where I don't see any legal recourse, or hope for change.

    34. Re:The more the EU embraces censorship by BlueStrat · · Score: 1

      He is not a hero. He had a duty to safeguard that information due to its classification. He is a traitor.

      He is most definitely not a traitor, as the data he released was evidence of ,massive and intentional criminal wrongdoing. The government cannot shift guilt by making the evidence of their crimes classified/secret and any such attempt is null & void. There can be no legal duty to assist in the concealment of illegal and unconstitutional acts.

      The US government is teetering n the edge of becoming a wholly-illegitimate authoritarian oligarchy. Snowden is a hero for taking such a huge risk in order to alert the citizens of the US to their government's criminal activities.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    35. Re:The more the EU embraces censorship by rastos1 · · Score: 1

      The US has citizens, that did nothing wrong, barred from voting.

      I live in the US and I'm not familiar with this one. Can you provide the link you mentioned? Thanks

      Voting rights in the United States - U.S._territories or in a more entertaining way: U.S. Territories: Last Week Tonight with John Oliver

    36. Re:The more the EU embraces censorship by Rakarra · · Score: 1

      Neither Gary Johnson nor Jill Stein were in any way close to good candidates. I would have loved to throw a vote towards them, but their absolutely cluelessness made me despair that they would be any better. I ended up just putting in a write-in.

    37. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      He is not a hero. He had a duty to safeguard that information due to its classification. He is a traitor.

      It is a sad thing that in the USA it is now better to be a "traitor" than to be a "patriot".

    38. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him." -- Cardinal Richelieu

      Richilieu wasn't being glib. He was telling one of his Junior Cardinal trainees the number of things a properly trained Cardinal needed written in someone's own hand to hang him. The "six lines" statistically will contain at least one instance of every letter of the French alphabet, allowing anyone to make a convincing forgery, which is what he was actually talking about.

      Before going into his father's business of Cardinalling, Richilieu was apprenticed to a master forger, and he was a life-long enthusiast of the art of writing like other people. He was caught when he handed the Pope a note excusing him from class signed by "Jesus H. Christ." Although the hand-writing was a spot-on match, the Pope knew... Jesus never signed Holy Excuse Notes using his middle initial. It got the Cardinal demoted to bishop, costing him the ability to move in directions other than diagonal.

    39. Re:The more the EU embraces censorship by Anonymous Coward · · Score: 0

      It is a sad thing that in the USA it is now better to be a "traitor" than to be a "patriot".

      You can either choose to be a "patriot" that believes in unconstitutional warrant-less domestic spying and other blatantly-unconstitutional actions or a "traitor" who stands for the Rule of Law as set forth in the bargain that allowed the government to exist at all, the US Constitution. The government seems to have abandoned any Constitutional restraints on federal power which means the bargain is null and void and the US government is no longer legitimately holding power.

      They have become no different than the third-world revolutionaries who promise their followers liberation and prosperity only to seize power themselves and be even worse tyrants than those the revolution replaced. It's just taken the US longer to get there (likely due at least partially to American's obesity, but I digress).

    40. Re:The more the EU embraces censorship by Teun · · Score: 1

      For years democratic countries in the EU have been calling for proper rights for the EU parliament but until now this has always been vetoed by two large members. Luckily one of them, the UK, is leaving and only France is left to prevent full rights to the EU parliament.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    41. Re: The more the EU embraces censorship by dwye · · Score: 1

      Thats not a government blocking your right to publish, self publish, talk, comment, quote someone, give an interview, show a picture, quote a historical document.

      What is it then, natural law?

    42. Re: The more the EU embraces censorship by AHuxley · · Score: 1

      National laws within the EU can investigate any comment online for any reason a governments wants.
      The person making a comment, publishing, talking, quoting from a book, talking about the news has to then become part of an investigation.
      No freedom after speech.
      Chilling interviews and formal investigations.
      Guilty until a person can show to a government that they are allowed to comment, write, publish, talk again.
      Legal advice is needed to try and understand what a government is demanding a person has to prove to be allowed to publish again.
      Fines and jail can result.
      Very different from the USA where the person's speech is fully protected from the party politics of their government.

      --
      Domestic spying is now "Benign Information Gathering"
    43. Re:The more the EU embraces censorship by liquid_schwartz · · Score: 1

      Thanks for the link, I take it back I am familiar with this one. Territories are a bit of an anachronism, similar to Indian reservations, where they might have made sense in a different age but are a mess now. I'd wager that most in the US would be in favor of having the territories either get "full independence" or join on as states. The problem is that some of these, like Puerto Rico, don't speak English and thus wouldn't assimilate well.

  4. So do they have some kind of proposal.... by mark-t · · Score: 2

    .... for how, technologically, they are going to make this apparently magic filter?

    Free speech matters aside, what they are wanting to implement is actually technologically impossible without so many false positives as to render the technology utterly useless even at best.

    1. Re:So do they have some kind of proposal.... by jecowa · · Score: 1

      Yeah, this seems like a big burden for sites. The EU is has been coming up with lots of ideas for things they want sites to start censoring. Imo, if the EU wants censorship, they should either censor the content themselves or block the sites they don't like. Plenty of other nations have been able to censor the internet on their own (e.g. China, North Korea, Australia).

      --
      my opportunity to freely express myself with the potential persecution and hangings and such
    2. Re:So do they have some kind of proposal.... by JaredOfEuropa · · Score: 1

      if the EU wants censorship, they should either censor the content themselves or block the sites they don't like

      Both of these actions are likely to be met by very strong opposition from national governments, civil liberty activists as well as the general populace. So instead they make rules that place the burden on websites. Those rules are - by design, I suspect - onerous, strict, with heavy penalties and at the same time vague about where and when they apply. The result is that the larger sites, who can afford smart or manual filters, will apply censorship "voluntarily" in order to remain on the safe side of the law. Especially where it concerns content they themselves disagree with. The result is, as a clever MEP called it (might have been Reda), privatised censorship. With no oversight and no political accountability.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    3. Re: So do they have some kind of proposal.... by Anonymous Coward · · Score: 0

      I have a solution. In order to get a copyright, you must submit a pristine copy to a central database which all websites can freely access.

      So be it if pirates and what not also raid the database for free copies...

    4. Re:So do they have some kind of proposal.... by Scarletdown · · Score: 1

      For any sites that would be affected by this that don't have a physical presence in the EU, at least they can exercise their free speech right to ignore such a mandate and tell the EU legislators to go fuck themselves.

      --
      This space unintentionally left blank.
    5. Re:So do they have some kind of proposal.... by mark-t · · Score: 1

      As I said, you don't even need free speech rights to ignore this.

      The expectation is well beyond anything that is remotely possible with any technology that exists, anywhere on earth.

    6. Re:So do they have some kind of proposal.... by Scarletdown · · Score: 1

      Ah, but it is much more "delicious" to be able to tell them to fuck off when you do know you have the right to do so, knowing that it is causing theoretical butthurt in those who would seek to suppress your rights but can't because you are out of their jurisdiction. :D

      --
      This space unintentionally left blank.
    7. Re:So do they have some kind of proposal.... by mark-t · · Score: 1

      It's no less delicious to tell them to fuck off because what they are asking for is outside of the realm of what is even physically possible with today's technology.

      Right up there with faster than light travel and transporters.

    8. Re:So do they have some kind of proposal.... by gweihir · · Score: 2

      These people are politicians. They
      a) think they define reality
      b) have no clue what is actually possible and what is not due to a)

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    9. Re:So do they have some kind of proposal.... by AHuxley · · Score: 1

      Re "for how, technologically, they are going to make this apparently magic filter?"

      In the EU when a person published their comment on social media?
      The EU approved laws allow a nations government in the EU to start an investigation.
      The ISP details are recovered and the formal police interview starts.

      The person who dared to comment on the news, politics, history has to the prove that they are not guilty to the police and investigators.

      --
      Domestic spying is now "Benign Information Gathering"
    10. Re:So do they have some kind of proposal.... by johannesg · · Score: 1, Insightful

      It doesn't matter. The goal is not to stop copyright infringement; the goal is to stop the free flow of information across the 'unregulated' internet. And that especially includes political information: communication between people who don't approve of the EU, who oppose immigration, etc. So what if the only way to create such a filter is by having a person check every upload? That will mean the goal is reached: instead of being able to freely post ones opinion anywhere, every little piece of 'content' must be checked manually first, thus vastly reducing volume and flow of information of any kind. That effectively disables the free communication between people, and is precisely what the EU is going for.

    11. Re:So do they have some kind of proposal.... by AmiMoJo · · Score: 5, Informative

      They do. I read the proposal, and for a start it doesn't say what Github thinks it says. It also doesn't propose any magic filters or even any new tech.

      Most sites that allow user uploads already have some filtering in place for illegal material like known child pornography images. The EU is simply proposing that these existing filters might also be used for known copyright infringing files, which in fact many sites already do anyway.

      Basically they are saying that once an infringing file is identified and checked, its hash would be added to the database to prevent further uploads rather than the copyright holder having to spam copyright claims.

      Personally I'm still opposed to it, but if you read the actual proposal they have done extensive impact assessments and gone to some lengths to ensure that the burden isn't too great.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    12. Re:So do they have some kind of proposal.... by Teun · · Score: 1

      Don't worry, the EU is much bigger than a few MEP's bought by US media interests.
      Additionally, the EU has levels of governing, a single entity like the parliament has only so much influence.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    13. Re:So do they have some kind of proposal.... by Anonymous Coward · · Score: 0

      Actually, national governments will happily accept this kind of bullshit, since, again, they will just use the EU as a scapegoat.

      "Waaaaah, we didn't want (really, really), but the EU made us do it!".

    14. Re:So do they have some kind of proposal.... by Anonymous Coward · · Score: 0

      Don't worry, the EU is much bigger than a few MEP's bought by US media interests.

      They are probably taking a page from the US's playbook on this one.

      In the US if the government engages in censorship they run the risk of a First Amendment violation and the inevitable lawsuit. If a company in the US engages in censorship, it's not a First Amendment violation. Even better the company can coerce compliance out of people via their EULA, ToS, etc. while removing the people's ability to complain to the courts about it all in one fell swoop. So within the US the trend is to have the companies do it "voluntarily."

      Additionally, the EU has levels of governing, a single entity like the parliament has only so much influence.

      The US has three branches of government, didn't stop it here. Even if your parliament does not have enough authority to pass this legislation, they could still try to get voluntary compliance from anyone in the chain between the server and you. Only one of them has to be willing to do it, and as we have seen with the likes of Facebook, Google, and others, they will cave in to pressure eventually. Don't just assume you're safe.

    15. Re:So do they have some kind of proposal.... by mark-t · · Score: 2

      That's because they think that tech exists because they don't understand it.... neither do you, apparently, if you think there's any similarity between checking hash similarities on binary files to identify copies or copyright infringement and being able to identify meaningful similarity in computer source code that has any relevance whatsoever to copyright infringement,

      Most code is built up around a relatively small set of patterns, and it is not possible to identify the similarity of two programs that might use similar patterns to accomplish the same result without also falsely identifying two entirely different programs which happen might use the same pattern as being similar as well. At best, you'd be able to accomplish it in a meaningful way for such a narrow class of use cases that it would be less than useless in any practical sense.

      It's like solving the fucking Turing halting problem, which is mathematically proven to be unsolvable except in an extremely narrow class of instances where very precise limitations on what the code may contain can be known in advance to exist.

    16. Re:So do they have some kind of proposal.... by mjwx · · Score: 1

      .... for how, technologically, they are going to make this apparently magic filter?

      Free speech matters aside, what they are wanting to implement is actually technologically impossible without so many false positives as to render the technology utterly useless even at best.

      Neither of these points matter because it'll never get past the Members of the European Parliament.

      The European Union is a democracy, like any democratic body that means anyone can introduce a bill as long as it has one sponsor (with the EU, this doesn't even need to be a MEP). So all kinds of batshit crazy laws can be tabled and in Europe, they're all voted down. This doubly so as the EU isn't as pro-copyright as the US.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    17. Re:So do they have some kind of proposal.... by coofercat · · Score: 1

      You may have gone off half-cocked there. The workflow is this:

      - UserA uploads copyrighted work
      - Some hours/days/weeks/months later, said upload is identified by a copyright troll/owner, the site is notified
      - Site adds the hash of that file to their "do not upload" database, and remove the file (and all copies of it with the same hash) ...later...
      - UserB uploads the same file UserA uploaded
      - Hashes match, so site refuses the upload immediately

      The idea here is to avoid the 'KimDotCom' thing where he made copyright holders complain about every single copy of the same file on his servers. I'd imagine very few false-positives would really occur as a result of this.

      That said, this isn't a good idea to accept. The obvious hole is that it's pretty easy to change the hash of a file without materially changing it. I'm guessing this is well understood, and hashing is just seen as an "easy" solution that no one will struggle to implement or complain about too loudly. Once we've all got used to this, it'll be "upgraded" to facial recognition or whatever. Then it'll be full AI-inspection, and so on and so on, along with the false-positives that such things will inevitably generate (to say nothing about the costs to implement).

    18. Re:So do they have some kind of proposal.... by AmiMoJo · · Score: 1

      if you think there's any similarity between checking hash similarities on binary files to identify copies or copyright infringement and being able to identify meaningful similarity in computer source code that has any relevance whatsoever to copyright infringement,

      Again, if you bother to read TFA they don't mention computer code at all. This is a draft proposal that is focused on video, photo and music sharing. It's not even a finished proposal yet, let alone a draft law. And there is very little reason to think, based on the text, that it would apply to source code.

      In fact copyright protections for source code and things like encryption keys are weaker in the EU than the US anyway. And Github does regularly process DMCA take-downs, where as EU based sites have far fewer legal obligations with regards to user posted copyrighted content.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    19. Re:So do they have some kind of proposal.... by shufflingb · · Score: 1

      Code fingerprinting for license compliance is very possible. Have a look at the BlackDuck Hub product https://www.blackducksoftware....; there are others who offer similar services. Their back-end was a heap of non-scaling, my-first-code-project junk but the basic scanning tech worked quite well.

      It'd be a pita, and the idea of EU slowly transforming into another China or Russia in an attempt to stop the extremists its policies are creating is pretty unappealing. But they could make it happen if they were determined/stupid enough.

    20. Re:So do they have some kind of proposal.... by Anonymous Coward · · Score: 0

      Again, if you bother to read TFA they don't mention computer code at all. This is a draft proposal that is focused on video, photo and music sharing.

      For now.

      It's not even a finished proposal yet, let alone a draft law.

      Yes. Exactly.

  5. So annoying by Anonymous Coward · · Score: 0

    Nazis and their censorship. What the fuck is wrong you europe?

  6. Unenforceable bullshit-as-usual by Rick+Schumann · · Score: 0

    I'm sure all the clueless myopian companies that are lobbying for and bribing for this sort of legislation not only don't understand the technical problems, but they also probably expect humans to sit there and sift through terabytes of uploads to make sure there isn't a single copyrighted byte anywhere, and they couldn't care less what it costs to do that (so long as someone else foots the bill).

    1. Re:Unenforceable bullshit-as-usual by Anonymous Coward · · Score: 0

      ...and they couldn't care less what it costs to do that (so long as someone else foots the bill).

      That's not fair, proponents certainly do care about the costs of such schemes. The greater the cost, the more power and wealth they can generate for themselves.

  7. Better? by NormanHaga2580 · · Score: 1

    Wouldn't it be better to monitor the music and video interests for violations of the various GPL's?

  8. How to shoot yourself in the foot by smartr · · Score: 1

    I know there's jurisdictional creep, and maybe some large non-EU companies would adhere, but I really doubt the EU has the jurisdictional pull for this to do anything other than hamstring anything to do with hosting in the EU. I guess this is good for non-EU small and mid-sized businesses who will have a huge advantage when not operating in the EU, like the USA or maybe Ukraine. At the same time, I'd rather these quixotic EU bureaucrats not treat their own tech community so badly in the global market.

    1. Re:How to shoot yourself in the foot by JaredOfEuropa · · Score: 1

      Also, a priori censorship is in violation of the constitution of several member countries.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  9. This is what happens by NewtonsLaw · · Score: 1

    This is what happens when you give the power to regulate to a bunch of politicians and bureaucrats who have no idea how the internet works.

    Sigh!

    1. Re:This is what happens by Anonymous Coward · · Score: 0

      The alternative is to elect a techie that does, but then doesn't know how the rest of the world works (or cares).

      Gee. I wonder which would be worse.

    2. Re:This is what happens by Anonymous Coward · · Score: 1

      This is what happens when you give the power to regulate to a bunch of politicians and bureaucrats who have no idea how the internet works.

      Sigh!

      They do understand the internet. You do not understand politics.

      This move is nothing to do with preventing the dissemination of copyright-protected material. Instead, it is all about expanding the power and wealth of certain members of the political class. The measure is intentionally flawed so that it may serve as a long-term vector for political growth for certain departments.

      The propoganda that accompanies each power grab exists only to help pass the bill.

    3. Re:This is what happens by Anonymous Coward · · Score: 0

      No. You are applying Hanlon's razor here, which is nice of you. In this case, Anti-Hanlon is called for.

      Look who was at the helm when this monstrosity was gestated. Look who this guy spent most of his time?

      https://blogs.fsfe.org/gerloff...

      Use your favourite search engine: you'll find more of this. Yes, there's a German pressure group headed by a big German publisher pushing for copyright maximalism. Yes, this is Ye Olde Copyright Maximalism Orks, over and over again.

      The Anti-Hanlon:
      "Never attribute to stupidity that which is adequately explained by malice"

    4. Re:This is what happens by Anonymous Coward · · Score: 0

      This is true. The intent is not for the filters themselves to remove copyrighted material from the internet or to prevent it being uploaded - if so, it's going to fail enormously. The intent is to provoke a situation where what is copyrighted (or protected) and what is not is up to some database instead of the courts, as well as normalize filtering itself. Two things which later on can be used by those in power to further remove the possibility of removal of that power by the affected parties.

      This is a very long running tradition in both politics and publishing of copyrighted materials.

    5. Re:This is what happens by Anonymous Coward · · Score: 0

      as i stated in a reply below, "This legislations is the EPITOME of the sorts of problems we see in the EC. A good intentioned protection written by 'consumer protection groups' (media companies in this case) handed off to clueless functionaires who don't know what source code actually is...or worse, the consumer protection groups go directly to the parliamentary parties and convince them to pass legislation requiring the EC to do this, and then rinse and repeat the situation."

      I said worse because it takes more time and costs more money but ultimately the shit smells like it came from the sam ecow.

    6. Re:This is what happens by Anonymous Coward · · Score: 0

      Also, 'boys will be boys'... But the malice is from the media protection organisations, which in this case is doing EXACTLY what is was designed to do, and the ship of fools is the EU, which allows this to happen, where perhaps a very few are corrupt but the vast majority are well intentioned fools, who've never worked in the private sector, came straight from uni with asperations of EU glory and are put in policy positions or 'expert' positions where there only real claim to knowledge is a course in uni or some lectures they attended once..so they are easy to manipulate, like Pinocchio and the coachman in the land of toys where the manipulation is 'ready-made expertise' for someone who is desperately craving expertise...

      To counter this we need more citizens groups with solicitors who are willing to write legislation and have the time and money to travel to brussels and strasbourg and lobby and meet with all these various groups, sub groups, political parties, affiliate meetings, etc...it costs millions of euros in time money and travel. so only the giants get their voice.

      but this is true in the members states as well, not as much in the nordic countries but everywhere to a point, or why would we need the country reports?

    7. Re:This is what happens by Anonymous Coward · · Score: 0

      I generally agree, but on this one:

      > where perhaps a very few are corrupt but the vast majority are well intentioned fools [...]

      I don't know about the rest, but
      - Oettinger is definitely corrupt
      - Juncker too (hey, how would you characterize opening up a tax haven in the middle of the EU: "well intentioned"?).

      I could name a few more.

  10. More generally by Mister+Liberty · · Score: 1

    The meme 'open source', despite everyone and his cat embracing it these days, is still a meme to be eradicated in due time, by those that stand to benefit from its demise. We all know who they are. This is just one move in that grand scheme.

    1. Re:More generally by Anonymous Coward · · Score: 0

      it's for music and streaming. Still if it catches some GPL violations then all the the better.

    2. Re:More generally by Anonymous Coward · · Score: 3, Insightful

      Hello, someone who actually works at the European Commission here. The EU in general loves the idea of open source, but they love the idea of 'consumer protection' even more.

      Consumer protection is a fancy way of confusing the protection of citizens rights against large corporations, while simultaneously allowing those corporations to define the laws that protect the citizens.

      This legislations is the EPITOME of the sorts of problems we see in the EC. A good intentioned protection written by 'consumer protection groups' (media companies in this case) handed off to clueless functionaires who don't know what source code actually is...or worse, the consumer protection groups go directly to the parliamentary parties and convince them to pass legislation requiring the EC to do this, and then rinse and repeat the situation.

      Intentions are good. Its not a conspiracy, unless you think a ship of fools is a conspiracy. Its a damn shame and will be looked back on as one of the primary things that COULD have stopped the next war... :(

  11. Possibilities by Anonymous Coward · · Score: 1

    Open source code may fall under educational, research and preservation of cultural heritage. In addition, this

    "Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments."

    does not imply this

    "Upload filters, also known as "censorship machines," are some of the most controversial elements of the copyright proposal,"

    necessarily. We are talking about a directive that outlines specific implementations in the member countries. And particularly about the fact that a code sharing service is different from some other kinds of services. Nobody have asked to implement a filter, a license or attribution search tool like an idiot. Yet.

  12. 1984 by Anonymous Coward · · Score: 0

    not really the writter's timeframe but we are way worst now, next step: logan's run

  13. Re: Everybody Exit? by Anonymous Coward · · Score: 0

    After mandatory terrorits quotas. More and
    More Garbage come from Merkel&Bruxelles.

  14. What are they going to compare with? by Anonymous Coward · · Score: 0

    Most copyrighted closed source code is well closed source. How are they even going to match up infringements on copyright?

    Most but not all of the source code out in the wild probably falls under a GNU or BSD style license. If anything the copyright enforcement should be going the other way, seeing as closed source products don't release their source, we have no real clue if any of those products are incorporating open source in them without the proper claims and code release.

    1. Re:What are they going to compare with? by AHuxley · · Score: 1

      Consider a programming language that is more about symbols and math to stay legal in the EU.

      When the EU police get hold of that Ada code they are going to look at every English word used for violations of EU laws.
      Pascal and Ada might become trendy source code to make a political statement with.
      Declare near exit could be code that supports Brexit.

      12 hours with a police officer to work out why the word subtype was published online.
      .

      --
      Domestic spying is now "Benign Information Gathering"
  15. Circumvention by Anonymous Coward · · Score: 0

    Allow your program to execute code that is passed in as a variable.

  16. Technically possible but self defeating by Anonymous Coward · · Score: 0

    If they want a robust and strong filter that would require giving the complete list of copyrighted content for comparison's sake. Just hashes wouldn't cut it as small changes can make the end hash. I guess this might be a net good idea then. It would mean they have to give the complete list of everything to anyone who opens a website that operates in Europe. Talk about a way to preserve past content for all future generations.

    captcha: emulate

  17. Harmonizing by Anonymous Coward · · Score: 0

    ... profits those platforms make from uploaded works and what copyright holders of some uploaded works receive ...

    Translation: making copyright fees into a 'sales tax' on advertising revenue, for the big copyright holders anyway.

    Harmonizing cross-border laws == reducing the rights of all consumers

  18. Brexit. by Anonymous Coward · · Score: 0

    Because numbskull beaurecrats paid to write legislation, have to write legislation. Like this rubbish.

  19. AI in Brussels by Anonymous Coward · · Score: 0

    clearly malfunctions. It produces garbage mostly.

  20. Re:Obligatory: Intel CPU Backdoor Report (Jan 1 20 by Hognoxious · · Score: 1

    I don't need to worry about that - APK keeps my host file fully updated!

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  21. hrumph hrumph by Hognoxious · · Score: 1

    [voice=Nigel Farage] It's exactly this kind of nonsense that led to Brexit! [/]

    Well, it might be if the thick sods in Barnsley and the like actually understood two words of it.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  22. Tarifs by shayd2 · · Score: 1
    Perhaps US can negotiate sensibility as part of Tariff talks
    • GMO foods
    • Privacy rules
    • Copywrite
    • ...
  23. Re:Obligatory: Intel CPU Backdoor Report (Jan 1 20 by Anonymous Coward · · Score: 0

    I'm going to mod this to -1 every time I see it because fuck Intel.

  24. US companies by LubosD · · Score: 1

    GitHub and SourceForge are both US-based. Why should they care about the crazy laws our dearest EU politicians make up?

  25. I've got copyright on the for loop by Anonymous Coward · · Score: 0

    anyone trying to upload code with it will be blocked. Seriously they are going to have a whole team investigating the applicability of copyright claims

  26. Only so many ways to do something by Anonymous Coward · · Score: 0

    I'm not a coder, so therefore not any sort of expert on the subject, but processors have instruction sets, and if you want it to do something, there's only so many ways to do it. So doesn't that make copywriting code a little absurd?

  27. Sigh... by grahamtriggs · · Score: 1

    Instead of individual countries / regional governments coming up with daft rules on how the internet should operate, how about we recognise that we should have a global body with competence in this area?

  28. compliment by supermanhulk07 · · Score: 1

    Nice Post admin. I like the way you write a post, well explained. I will surely share this post. cheers !! from: Ramadan Kareem Wishes

  29. The Shitty Code will float to the top by wolfheart111 · · Score: 1

    Many parts of the eloquently written open source code will probably be used many times... and in proprietary software as well. Check out the source of many of these and you'll find the original comments from the author. Makes me kinda say fuckit with the whole copywrite thing... just want to code, If I find a better way of doing something, even better.

    --
    [($)]