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European Commission Gives Final Seal of Approval To Copyright Law Overhaul (variety.com)

The European Commission, the European Union's executive body, has approved a long-gestating major reform to copyright law, which had already been passed by the European Parliament last month. From a report: The overhaul contains two controversial provisions that will make online platforms liable for illegal uploading of copyright-protected content on their sites, as well as force Google, Facebook and other digital companies to pay publishers for press articles they post online. "With today's agreement, we are making copyright rules fit for the digital age. Europe will now have clear rules that guarantee fair remuneration for creators, strong rights for users and responsibility for platforms," said European Commission president Jean-Claude Juncker. According to the French newspaper Le Monde, six countries -- Italy, Finland, Sweden, Luxembourg, Poland and the Netherlands -- voted again the reform.

95 of 182 comments (clear)

  1. Block them all by GrumpySteen · · Score: 5, Insightful

    If the entire EU is blocked from accessing all content on Google, Facebook, YouTube, Twitter and every other social media and news site, they'll get the hint and re-think these ridiculous polices.

    1. Re:Block them all by Joce640k · · Score: 4, Insightful

      Huh?

      Nobody's blocking anything.

      News sites have lobbied for years to get this law passed, hoping Google (et al) will start paying for the privilege of linking to their copy-pasted stories.

      What will happen in reality is:
      a) Google will stop linking to those sites.
      b) The sites will disappear from the Internet.
      c) Karma.

      I can't wait.

      --
      No sig today...
    2. Re:Block them all by Ungrounded+Lightning · · Score: 4, Insightful

      The US doesn't give a flying fuck about either because the goddam citizens are interested in more important things like Farmville.

      The US doesn't give an F.F. because the government is still largely in the hands of the party-organization swamp creatures. They are currently largely controlled by the media conglomerates, and don't give a Rat's Ass about what the citizens think.

      The big fight here is to drain that swamp, and has been for several cycles. That's what the Tea Party and Freedom Caucus were about. That's why Trump was elected. And that's why trump is flamed 24/7 in the media.

      Of course people in Europe have NO IDEA that is what's going on here. Because they get their ideas about what's going on here from the media.

      How convenient.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    3. Re:Block them all by ganjadude · · Score: 1

      that is the right answer here information wants to be free. thats the mantra i grew up with

      --
      have you seen my sig? there are many others like it but none that are the same
    4. Re:Block them all by religionofpeas · · Score: 2

      How will this work ? You want to publish your own photo on a big site, how do you demonstrate that you are the copyright holder ?

    5. Re:Block them all by Opportunist · · Score: 1

      Any chance that you could redirect the EU addresses to VPN-providers in the US?

      Thanks from across the pond.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:Block them all by Anonymous Coward · · Score: 2, Informative

      Honestly, anyone who legitimately thought Trump would 'drain the swamp' deserves a slap upside the head. Of all the things he promised, that was the most laughable.

    7. Re:Block them all by bigmacx · · Score: 2, Interesting

      I dunno. We researched this when implemented a year ago and decided the best way to handle was just disavow entire countries we don't want to do business with. I believe redirecting that traffic to a VPN provider would be in some way acknowledging support or service to them and then make us fall under the compliance directives.

      If I wanted to be under EU rules, I'd go back and live there (was stationed there for several years on business as Schengen expat) and pay 50% taxes again. No thanks

      Funny thing IIRC those EU dictators have posited that even blocking EU IP addresses makes a site fall under compliance. There was discussion that EU citizens using a VPN to circumvent blocks would still be considered protected by EU rules. Ridiculous. Then there was the notion that when an EU citizen is physically in the USA using Internet resources that those USA-only companies were now forced to be compliant with EU rules. Absurd

      Thank you but no, EU don't own the Internet. Certainly don't own my USA Internet

    8. Re:Block them all by Anonymous Coward · · Score: 1

      LOL. It's swampier than ever - now filled with Trump's mafia buddies. Just a bunch of rich folks out to get richer and laughing all the way to the bank. Trump has done more to tear out the controls that resist the swamp than any leader in history.

    9. Re:Block them all by Rick+Schumann · · Score: 3, Insightful

      He just 'rebranded' the 'swamp' to a 'cesspool' and started filling it with crap.

    10. Re:Block them all by thegarbz · · Score: 1

      If the entire EU is blocked from accessing all content on Google, Facebook, YouTube, Twitter and every other social media and news site, they'll get the hint and re-think these ridiculous polices.

      If the EU is blocked from doing this the company executives will get a very unkind hint from shareholders about activism and cutting off the largest western customer base in the world.

      It pays when you're angry at someone to shot them, not yourself.

    11. Re:Block them all by thegarbz · · Score: 1

      As a content provider my self (photographer)

      I'm sure the thought of people providing you advertising, access to customers and then paying you as well gives you a massive stiffy.

    12. Re:Block them all by Cid+Highwind · · Score: 4, Interesting

      As a content provider my self (photographer), it's disheartening to see my work pop up on social media in numbers without end and I only get compensation from the tiny Internet real estate that I initially did business with.

      What value would you put on a "wow, that's neat" *clicks share button* repost of one of your photos on instafacetwit? And how many of those reposters do you expect to pay it?

      --
      0 1 - just my two bits
    13. Re:Block them all by Shotgun · · Score: 2

      No one is forcing you to give away anything. That is what your bi-weekly retention is for. You can walk away any time you want and keep all your ideas.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    14. Re:Block them all by apoc.famine · · Score: 2

      Uh, duh. AI checks all the photos and puts them in the blockchain which it stores in the cloud to provide a scalable platform which will allow synergistic end-to-end copyright notification.

      I thought that would be obvious, no?

      --
      Velociraptor = Distiraptor / Timeraptor
    15. Re:Block them all by Blue+Stone · · Score: 5, Insightful

      >As a content provider my self (photographer), it's disheartening to see my work pop up on social media in numbers without end and I only get compensation from the tiny Internet real estate that I initially did business with.

      Mate, none of those people sharing your images on social media would have paid you to do that anyway. You realise that, right? Nothing, as such, not even the *opportunity* to make money from those images, has been lost in that respect.

      One problem with IP law and the mentality that can surround it is that it gives some people the false impression that creative cultural expression is exactly the same as tangible material property. And it isn't.

      I'm not saying that commercial operations should be free to use any image as they see fit without financial and legal obligations to the coyright holder, but I am saying that to expect people who use non-licensed copyrighted material casually on social media the same as if they should have paid for a license, is ridiculous.

      European law, with this new copyright law, as well as others such as the so-called 'right to be forgotten' law, has shown itself to still hold to a pre-digital, pre-internet mentality. Copyright is not fit for the modern age, and laws such as the one just passed are, if anything, a step backward.

      Stuckists stamping around in their sabots. Except this time, it's not the working classes calling a halt to the new age, it's the establishment and factory owners (which is why it's succeeding and will probably get a lot worse).

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    16. Re:Block them all by alexgieg · · Score: 1

      No one is forcing you to give away anything.

      Of course there are people and things forcing it. One such thing is called "starvation risk". Another is called "foreclosure risk". And then there are the big users of those two things, called "politicians" and "capitalists", who then employ a third thing called "buying laws" so as to make it all work pretty well in their own favor. But they're nice, and let you take home the breadcrumbs.

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    17. Re:Block them all by Kyr+Arvin · · Score: 1

      No, it's because "dorks in the states" have this idea that users should be able to upload content without having it have to be curated first. The copyright law requires sites to actively filter -- no more "take down content found to be infringing," the new regulations are "make sure no one CAN post anything deemed to be under copyright." Expect any sort of fair use, which yes, does exist, to disappear, because businesses can't afford to police any of that.

    18. Re:Block them all by K.+S.+Kyosuke · · Score: 1

      If the entire EU is blocked from accessing all content on Google, Facebook, YouTube, Twitter and every other social media and news site...

      ...they'd be much better off. People would stop wasting their time on all that garbage.

      --
      Ezekiel 23:20
    19. Re:Block them all by Kyr+Arvin · · Score: 1

      As member of the "consumer" group: we don't give a fuck about your "great" content.

      If you don't care about, don't use it. Everyone's cool.
      But if you do want to use it, then you do care about it.

    20. Re:Block them all by Kyr+Arvin · · Score: 1

      It also means jack if someone uploads your photo to an American, Chinese, or Russian site.

      But every site is a multinational now. The big boys are not content to operate only in the US, or China, or Europe. They want to operate EVERYWHERE, so they have to follow everyone's laws.

    21. Re:Block them all by Z80a · · Score: 1

      Block everyone that passed the law?

    22. Re:Block them all by Tom · · Score: 2

      *yawn*

      This stupid troll comes up every single time there is an article about the EU on /. - literally every time. I should have an answer on a shortcut. Don't you guys ever learn anything?

      If Google, FB, Twitter or whatever you have were to leave the EU, or block the EU or whatever, the first thing that's going to happen is that their stocks take such a massive nosedive, you'll think it's the dot-com-crash all over again, just in fast-forward.

      The EU is a larger market than the USA. With more people and more GDP. I'm tired of looking up the numbers every time this nonsense bullshit troll is posted, so do it yourself this time.

      Excluding yourself from the largest single market in the world is shooting yourself in both feet, then both knees, and for good measure let's cut off the hand that did it.

      It is not going to happen, never, ever no matter which loud noises someone might make, and everyone who keeps posting this old, stupid, zombified, keeps-coming-back idiocity on /. only reveals that he's using his brain as a sponge in the shower, but not for thinking.

      --
      Assorted stuff I do sometimes: Lemuria.org
    23. Re:Block them all by fenrif · · Score: 4, Insightful

      Anyone else find it gross when people call themselves "content providers?" Photographers used to be considered artists. Now they are described with the same terminology people use to refer to industrial machinery. I wonder if it's because the internet has made every artist into a mercenary. The expectation is that art should pay the bills, instead of being art for arts sake. I also wonder if this correlates with the general decline in the quality of art across nearly every medium.

    24. Re:Block them all by Opportunist · · Score: 1

      Unless you plan to go to the EU you should be fine. The US don't even extradite war criminals, so... no, wait, this is about copyright.

      You're right, better be safe than sorry.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    25. Re:Block them all by Mathinker · · Score: 2

      > because businesses can't afford to police any of that.

      Because there is no way to check if anything is under copyright, I don't see how these businesses can actually legally allow user-posted content. The biggies will do it anyway (allow user-posted content), because they have billion-dollar legal budgets and agreements with some large content creators already, and can afford to see how this mess will actually work out in court. No one else will try, so there will be a lot of geo-blocking of the EU.

    26. Re: Block them all by davide+marney · · Score: 1

      Mod parent up. Classic.

      --
      "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    27. Re: Block them all by davide+marney · · Score: 1

      Mod parent up

      --
      "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    28. Re: Block them all by illiac_1962 · · Score: 1

      While anxiously working to get everyone under the same laws. Hence the Trump/Brexit meltdown. If the voters want it and get it then who's to complain? Funny, the common dumb folk get what they want for once and the macination goes ballistic. The west used to worship democracy, now everyone wants, gobbles up, fascism. It gets blown all over thier face and they just can't get enough so they rub it all over and smear it in.

    29. Re: Block them all by illiac_1962 · · Score: 1

      I get paid handsomely for my ideas. Unlimited time off, retirement, I leave work at the door, tons of cash and nothing to worry about but being myself.

    30. Re: Block them all by Tom · · Score: 1

      China has an export-oriented economy and a restricted market, especially for Internet companies. That's why I don't consider them in this case, but yes, just to be entirely precise I should've mentioned it.

      --
      Assorted stuff I do sometimes: Lemuria.org
    31. Re:Block them all by fuzznutz · · Score: 2

      I think the biggest problem is that, as Stewie said on Family Guy, anybody that can aim a camera thinks he's a photographer. A Shutterfly account does not confer "professional" status on anyone. The second issue is that the "value" of photography has dropped so much because almost everyone now carries around a quality camera 24/7. Most everyone is delighted to share their photos online whether they be good, bad, unusual, incriminating or obscene, all the time. Look at all the portrait studios that have closed down over the past 30 years. This is no longer 1970 and photography is no longer the very expensive hobby/business that copyright was supposed to protect.

    32. Re:Block them all by cheesybagel · · Score: 1

      Good riddance.

    33. Re:Block them all by Shotgun · · Score: 1

      Bring it on, you socialist racist. That is, if you're willing to leave you're mother's basement.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    34. Re: Block them all by Tom · · Score: 1

      an entity that contributed absolutely nothing to the internet

      are you talking about strictly the EU government? Because then what you're saying is true for pretty much every country in the world.

      Or are you talking about the people of Europe? In such case, omg are you wrong. Such a huge percentage of contributors to Free Software projects are from Europe. So much of the brains in all those "American" Internet companies were actually hired out of Europe. And a ton of Internet companies are in Europe. Just not the big Facebooks and Googles.

      Because fascist europeans -

      ahh.... the true colours appear...

      That's why I'm not sad about their little shit church burning.

      ...which has nothing to do with anything except your irrational hatred.

      Cancer on you and your shit children.

      ...your nurse needs to remind you about the medicine you should take.

      --
      Assorted stuff I do sometimes: Lemuria.org
    35. Re:Block them all by mc_hemanth · · Score: 1

      If the news sites just want to stop Google from indexing their sites, why can't they just use robots.txt?

      User-agent: *
      Disallow: *

  2. One step forward one step back by plague911 · · Score: 2

    The whole adjustment to force Google etc to provide compensation for article snippets seems fair. If the companies don't want to agree to a fair price, don't include them.

    However, the whole illegal uploading part seems, well...... extraordinarily draconian.

    1. Re:One step forward one step back by BringsApples · · Score: 3, Funny

      However, the whole illegal uploading part seems, well...... extraordinarily draconian.

      2 words: Kim Dotcom

      --
      Politics; n. : A religion whereby man is god.
    2. Re:One step forward one step back by djinn6 · · Score: 1

      I imagine Google will happily give 100% of their earnings from showing those snippets to news publishers.

      Unfortunately for them, there are no ads on Google News, so that earning is $0.

    3. Re:One step forward one step back by BringsApples · · Score: 1

      Yeah, I have no idea how that got modded 'Funny'. It's exactly not funny.

      --
      Politics; n. : A religion whereby man is god.
  3. Guess it's time by bobstreo · · Score: 2

    to start sending millions of takedown notices to EU government websites for copyright violations.

  4. Time for anonymized services to be free and easy. by Anonymous Coward · · Score: 1, Informative

    ... and everywhere.

    And then rapidly become a basic part of normal browsers, used by default. Not just for end users, but also hosting content.

    Culture flows through free expression. People refer to well-produced works. Places like Youtube are already becoming nearly useless for sharing basic culture because of laws like this - seemingly any reference to a popular work is becoming forbidden - or just random information since anything can be claimed by almost anyone.

    So - the answer isn't to not share culture. The answer is to openly disdain and technically dismiss these attempts to contain culture.

  5. Some help to understand all this better by CustomSolvers2 · · Score: 5, Informative

    I have zero interest in defending EU legislation and much less one about copyright (e.g., all my public activity can be considered public domain). But I think that there is a lot of misinformation online, perhaps even provoked by some interested parties. I found this Q&A from the European Parliament very informative.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    1. Re:Some help to understand all this better by CustomSolvers2 · · Score: 2

      Thanks for providing the misinformation!

      So, the body creating the legislation puts together some clarifications and corrects some of the things which have been said online about it and they are misinforming?! You can like that directive or not, but the EU Parliament is certainly telling you its contents exactly as they are. Trolling, what a fascinating "occupation"! LOL.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    2. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      As said in my first post, I am not defending anyone. I plainly shared what I think that is an objectively informative resource addressing some things which I have read online. Usually, the corresponding regulating body is the best resource to properly understand the given regulation. Mainly, when it has already been approved and they don't need to convince you of anything.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    3. Re:Some help to understand all this better by Opportunist · · Score: 2

      Why do you think you get the whole picture that way?

      I'm actually willing to cut them some slack and accept that they honestly believe what they're writing. Never attribute to malice and all that. The devil's in the details, though, because of how companies will (have to) react to it.

      Saying it does not affect end users is very ... let's say naive. Because with platforms like Twitter, Facebook, YouTube and the like, end users ARE content creators that are dependent on those targeted by the directive. Now, these companies do not have the resources to check every video, posting or picture you upload for copyright violations (and are frankly also not too interested in wasting them on something like that). What will happen because of this is that they will implement some upload filtering mechanism. Yes, the directive never mentions anything like this (and the Q&A you provide actually claims it does not mean this), but there is simply no feasible way to do it any other way.

      It also does not directly mean censorship. What it means, though, is that the main outlets people use to communicate with each other will be forced to censor content. You can still create your own little homepage and say whatever you want there. But what good is the right to speak if nobody can hear you?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      It is possible to differentiate two parts in that link: the objective one, where they clearly say what can(not) be done, the main reason why I included it; and a more subjective part including their motivations and expectations, which might be completely honest or perhaps not or might represent their real expectations but might be tricked, etc. No idea what will happen and if I had a real interest in all this I might even be a bit worried. But, as a random user, I know at least that I can do whatever as so far without being afraid of this regulation affecting me at all.

      Until this moment, internet was an exception very difficult to justify. Copyright legislations are applied everywhere (like it or not) except online. Why? Offline companies have to fully comply with them, but online companies not and they think that this is fair?! By thinking about it in that way, it doesn't seem such a big deal: if you refer in your book a copyrighted material without any mention, you might get away with it, unless someone sees it, sues you and a judge force you to change. Pretty much what will be happening online now. Actually, there are tons of online copyright restrictions already. For example, many sites are regularly deleting material or references to comply with US copyright laws. This seems as a slightly different version of pretty much the same. But this time, rather than affecting "pirates", who nobody defends, they are potentially affecting big businesses which weren't paying a penny until now and that might be the reason for so much attention. Just an impression. Again: I am 100% neutral and almost indifferent to all this.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    5. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      The Q&A is not legally binding.

      It would be tremendously weird, make no sense and be even a suing reason if the Parliament was being dishonest in a so public fashion. And for what reason? It is already approved! Nobody needs to be convinced. Additionally, it might be taken as a reference to understand some parts before other documentation is ready. Bear in mind that this is a directive and, as such, isn't directly binding. The countries will be creating their own laws and, while doing so, might take that Q&A as additional information to properly understand certain bits.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    6. Re:Some help to understand all this better by djinn6 · · Score: 1

      Copyright legislations are applied everywhere (like it or not) except online.

      That's just wrong. The law might exist everywhere in theory, but in practice nobody bothers to enforce it.

      I've not heard of any pen maker that verifies whether the pen they sold will be used to copy a book. Neither does printer or camera makers. In fact, I even recall a lot of CD, DVD and Video Cassette piracy before BitTorrent became a thing.

      If anything, laws are better enforced now. Copyrighted content on YouTube has a much bigger chance of being taken down than DVDs passed to friends.

    7. Re:Some help to understand all this better by Tom · · Score: 1

      Here's the problem with the directive - and almost every legislation related to the Internet of the past 20 years - there are some well-meaning intentions behind it (and some nonsense, and a lot of hidden agenda). But it is all being done by people without a clue who are advised by lobbyists with agendas and companies to serve. Large companies. Small companies can't afford full-time lobbyists and lobster dinners.

      Their intent is to reduce the power of Internet Giants such as Google and Facebook who - let's be honest - play fast and loose with concepts such as copyright, fair use and licensing. But their actions will do just the opposite. YouTube will cope, they have enough market, political, legal and technological power to build some tool that some lawyers and scientists will certify as compliant with the directive and that's that. Smaller companies, startups, the exact people that need support to compete with YouTube (or any other dominant player) can't afford that. And they now face another weapon that YouTube can use against them to drive them out of business. So their only option will be to... buy this certified solution from YouTube. And just like that you need to pay royalties to the person you wanted to compete with.

      Politicians are idiots. Very few of them would last one month in a regular job. Germany (my home country) is one of the worst examples there. Loyalty to Merkel is the only factor that decides your career. Competence isn't. We have a minister of economy who has no clue about economy (and is a lawyer). A minister of defense who has no military experience whatsoever (neither practical nor theoretical - I'd be fine with a scholar with a degree in peace studies as minister of defense), we've not long ago had a minister of education that had to step down because research proved her degree was obtained fraudulently. The current one isn't better, she has no university degree and her education is in the hotel business. And the list goes on and on.

      The whole digital world, meanwhile, belongs to the ministry of transportation (!!) - yes, I'm not making that up. Its minister has the equivalent of a master in philosophy, and no credible expertise in either transportation or digitial technology. He actually studied to become a teacher, but AFAIK never worked as such. He's a career politician and his master thesis was: "Election campaign of the CSU - a study on the example of the media tours of state premier and party leader Dr. Stoiber" -- basically, an ass-kissing paper because it's a study of his own party and party leader.

      These people decided upon this directive. We have a saying in Germany that applies perfectly: "Ich kann gar nicht so viel essen wie ich kotzen mÃchte" - I can't eat as much as I want to vomit.

      --
      Assorted stuff I do sometimes: Lemuria.org
    8. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      If anything, laws are better enforced now. Copyrighted content on YouTube has a much bigger chance of being taken down than DVDs passed to friends.

      I think that this is more of a voluntary thing (= more beneficial to Youtube than being against big companies) or some kind of agreement between Youtube and distribution companies and probably only enforceable because of US regulations. In any case, my reference was mostly meant in the sense of paying rights for use, similarly to what happens with songs or videos everywhere. But I insist again in this not being my battle at all, I can't have a too good knowledge about what I truly don't care.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    9. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      First of all, reinsisting in my zero interest in all this and not even too good knowledge. But, as I understand it and at least as per the European Parliament intention as described in the linked Q&A, I think that they are seeing the situation differently than you do. Their idea is: you are displaying potentially-copyrighted material in your site, you have been doing it for very long time and you don't want to change anything? OK. You don't need to change anything. The only difference now is that, in case of having a copyright-protected item without having paid the corresponding fee, the author might sue you in a court of law in one of the EU countries, he might win and you might have to to pay him or to remove his content. This is the way in which things have always worked. Previously, we were assuming that you were doing the right thing (paying what is required to whomever), now we will be enabling a mechanism to ensure that you are certainly doing the right thing. If you act fairly and with good faith, there shouldn't be any problem. This is how I understand their intention. No idea if this is 100% true if this is how things will finally turn out.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    10. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      The USA gives people freedom of speech and freedom after speech. Freedom of the press.

      I don't blindly defend Europe or attack other countries about pretty much any issue, and much less about something as unrelated to me as copyright. But that statement is tremendously hypocrite. Currently, most of the copyright-based policing which is happening in internet is precisely coming from the USA, its legislation and its copyright-protecting organisations. I don't think that there is a big deal of difference between Europe and USA laws in general and mainly about copyright or even censoring. And as explained in the linked Q&A, this isn't about creating new laws, but about making that the existing ones are actually being applied and that copyright holders are being paid.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    11. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      I do agree with most of what you are saying. And as repeated quite a few times in this thread, I have no interest in defending anyone or will lose/win anything with all this. I might even be easily considered the pure opposite to the target audience of copyright-related interests of any sort (I do really nasty things to copyright on a regular basis! LOL). I can't even say that I trust the EU by default or legislator and politicians in general. Some of your predictions might be perfectly right and all this might be eventually proven a very idea. But I found quite curious all that attention which this approval got, way much more attention than what is usually associated with spontaneous, looking-for-what-is-objectively-better movements. Then, I read this Q&A, realised that there were lots of lies being systematically told online (why? who wins with that?). And also found pretty interesting the Q&A highlighting that they were lobbied much more strongly than usual.

      So, we have tremendously powerful and rich companies with lower expenses and much more power than virtually any other company, which might be losing a lot of money with this. And a sudden rise of civic fight, eminently based on ideas which are partly or completely wrong, precisely in the place where these companies have all their influence. And we hear a lot that those companies not really losing anything, but the worst part being for the small guys. And the legislators say that they were heavily lobbied to avoid this to go through. I don't know... all this doesn't seem to add up, or at least adds up in a direction different than what was advertised some weeks ago.

      I know for a fact that legislators don't know what they are doing in many cases. A lobby tells to do something and they do it. And that telling might happen directly or indirectly, via creating social or political pressure. Even despite of having a pretty relevant technical background myself, specifically in software, I honestly don't have relevant experience or interest in these specific aspects, at virtually any scale, to reliably conclude what might be better here. But by bearing in mind the curious reality described in the previous paragraph and by considering the main ideas in the linked Q&A pretty sound, I can't see such a big problem here. I don't see a big difference between the current setup (e.g., videos being taken down for copyright reasons) and the future one (e.g., author of the video suing and eventually getting paid or the video being removed), other than affecting big companies which should be complying with the copyright laws anyway. As explained in the Q&A, this is just about making sure that the national laws are applied. If I write something and copyright, you would be free to link me. If you want to add what I wrote to your site, you would have to either pay me or come to an agreement with me. The business of your small site is exclusively based on sharing what others wrote? Well... that seems a bit weird business, but you could continue with it if you want. If you are small enough nobody would care about you, remember that this whole process is started via suing. Additionally, that directive is expected to protect the small guys (for good reasons: they don't have money neither visibility) and explicitly says that their main concern is big businesses. Even in the worst scenario, you would be sued, you would have to paid what is legally fair or you could remove that content. I don't see the need of these filters which you are talking about. Is your site not caring about the copyright of the uploaded material now and do you want to defend that position?!

      I think that this is only really damaging for big sites. Eventually, they might perform actions affecting consumers to minimise their chances of loses, but that might also have consequences like losing audience/money or being sued because of abusing of their position. Wouldn't it be perfect if everything was freely accessible to anyone without any restrictions? Sure. All what I do online is fre

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    12. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      No, you're not; try harder next time. ;)

      Sorry. I am the worst. I also read the TFA. LOL.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    13. Re:Some help to understand all this better by truedfx · · Score: 1

      I am confused by their claim:

      The draft directive does not create any new rights for creatives and journalists. It merely ensures that their existing rights are better enforced. Nor does the draft directive create new obligations for online platforms or news aggregators, but ensures that existing obligations are better respected. What is currently legal and permitted to share will remain legal and permitted to share.

      combined with

      The draft directive intends to oblige giant internet platforms and news aggregators (like YouTube or GoogleNews) to pay content creators (artists/musicians/actors and news houses and their journalists) what they truly owe them;

      Is Google News legal under current laws? If so, how would Google News be affected by new legislation that continues to allow everything that is currently legal? If not, how do current laws fail to stop it?

      (YouTube is a different story. I can see that there is a problem there, and although I am not convinced the new laws will be an improvement, I can see that current laws do fail to stop it.)

    14. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      Is Google News legal under current laws? If so, how would Google News be affected by new legislation that continues to allow everything that is currently legal? If not, how do current laws fail to stop it?

      As I understand it, internet and online business are very problematic for traditional legislation. When the given action happens in a foreign country or the participants are foreigners, generic national rules aren't always applicable, but specific ones mostly based on agreements between countries (which aren't always easily enforceable). In other words, Google News only needs to be legal under the corresponding jurisdiction, whose rules are probably not always applicable to its specific status. If I, from Spain, wanted to sue them, I would have probably to go to the USA, by assuming that I even had a right to do so (because the court recognised me as a right holder and my complaint as a relevant infraction). Google News might be doing something illegal in Spain, but he might avoid any responsibility by claiming that its activity is happening somewhere else (wherever the server or their official address is). This directive seems to be trying to tackle this reality better by setting specific means to ensure the applicability of national (European, in this case) rules. Basically, authors will now be able easily sue for copyright infractions in the given EU country without all the aforementioned hassle. These are just my impressions. I am not an expert in all this though.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    15. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      I don't know who's more naive, the European Parliament or you...

      Believing, caring/being concerned/worried about, etc. seem essential requirements for naiveness. As said many times before, all this is tremendously irrelevant to me. I might even be the person in this thread who can earn/lose less with any copyright-related whatever. Think of me as a copyright-free spirit (do you want to make copyright protection even more strict? Go ahead! I will continue doing in internet pretty much the same that I am doing right now). LOL.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    16. Re: Some help to understand all this better by illiac_1962 · · Score: 1

      "No new rights or obligations are being created." Then what is the point? The large news aggregators they keep pointing to are already subject to the current laws. Doublespeak.

    17. Re:Some help to understand all this better by Tom · · Score: 1

      I agree with you that it is certainly not a coincidence that so many people reached so many other people so easily using the exact social media platforms that would be affected by this.

      I don't see the need of these filters which you are talking about. Is your site not caring about the copyright of the uploaded material now and do you want to defend that position?!

      The upload filters are introduced indirectly. The word doesn't appear in the directive - but if your reaction time is one hour at any day and time of day, then unless you are an Internet giant with a 24/7 copyright infringement checking office, there is absolutely no way except upload filtering that you can guarantee you will be able to remove something within one hour when the claim reaches you Saturday night at 3 a.m.

      --
      Assorted stuff I do sometimes: Lemuria.org
    18. Re:Some help to understand all this better by CustomSolvers2 · · Score: 1

      The upload filters are introduced indirectly. The word doesn't appear in the directive - but if your reaction time is one hour at any day and time of day, then unless you are an Internet giant with a 24/7 copyright infringement checking office, there is absolutely no way except upload filtering that you can guarantee you will be able to remove something within one hour when the claim reaches you Saturday night at 3 a.m.

      You seem way much more worried about all this than I am. You are also much more experienced in this sub-world than me, but here you have some ideas which you might perhaps find useful. Firstly, note that this is a directive, what means that it will take still some time to be enforceable. I think that countries have 2 years to create the corresponding laws and, not sure what happens in others, but in mine (Spain) they tend to wait until the last moment. Actually, the laws applying the last directives which I checked were approved months after the time expired. After that, you should carefully read the laws of the relevant-to-you countries (or better: just the directive for the main ideas and the laws to check small variations in times, fines and similar). Good knowledge is the best resource to face virtually anything!

      In principle, it seems that a (not-too-big) business acting reasonably diligently shouldn't find much trouble with all this, which is mostly addressed to the internet giants. Perhaps you can even wait until a complaint appears and then delete the item or come to an agreement with the author. I personally would wait to have a clear enough picture before making any decision, at least until after having fully read and understood the directive.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    19. Re: Some help to understand all this better by CustomSolvers2 · · Score: 1

      I already explained this up this thread (why am I the one explaining everything here? I am not an expert and I really don't caaaaaaaaaaare about all this!). The problem with internet-based businesses is that suing them, mainly when you are from a different country, might be very difficult. The main point of this directive, according to the linked Q&A, is to facilitate the process of applying the laws as expected, allowing authors to easily sue copyright infringers.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    20. Re:Some help to understand all this better by AHuxley · · Score: 1

      The US has freedom of the press and freedom of speech as part of a right the gov cannot take away.
      Contrast that with the political views from many EU nations on the use of language, who can publish, what publication will cost and a link tax.
      That police can interview a person over their publication, use of language, a meme, cartoon. That such publication can be stopped and has to be removed.
      The USA has the protection of freedom of speech.
      EU nations have taxes and laws over who can publish and what they can say.

      --
      Domestic spying is now "Benign Information Gathering"
    21. Re:Some help to understand all this better by AHuxley · · Score: 1

      The laws makes what was once a politically transformative meme, art, a cartoon, a movie review, a link, a comment not legal in the EU.
      Thats what sets the EU apart with the new laws. A link tax. Political reporting and control over content.
      Who can say what and when.
      Who has their "art". "review", "politics" removed by an EU gov for political reasons.

      Who in the EU can report an image, comment, link, news item for removal?
      A side of politics? NATO? A think tank? NGO? University? A worker for some part of the wider EU gov? Some random person? A court in one EU nation?
      A faith group? A cult? Lawyers? A movie studio? A book publisher? A photographer? The news broadcaster? A newspaper?
      The Spanish government? The French Government?
      Germany law on aspects of history?
      China?
      A nation buying a large amount of EU products and services?

      Thats the fun of powerful new EU censorship laws.
      Everyone will have a very good reason and offical backing for content removal under EU laws.
      In the USA people will have the freedom to talk about movies, DRM, politics, China, cartoons, memes, art, culture, Taiwan, politics, cults, faiths, history.
      With images, news, photographs, voices as part of fair use in the USA.

      --
      Domestic spying is now "Benign Information Gathering"
    22. Re:Some help to understand all this better by Tom · · Score: 1

      My home country of Germany has this bastard thing called "Abmahnung". Basically, if you violate the (civil) law, any lawyer can send you a cease-and-desist letter and you even have to pay him for his troubles. A certain subset of parasit... er, lawyers, discovered that the Internet is great for rapidly checking details of formal compliance for large numbers of online sites and generating a lot of such letters in a short time with minimal effort - but full bill.

      For decades, the government has done little to curb that. Not nothing, but little.

      I'm sure we will see a new wave of this.

      --
      Assorted stuff I do sometimes: Lemuria.org
  6. Re:Time for anonymized services to be free and eas by sims+2 · · Score: 2

    One of the biggest issues on this is how compliance is demanded.
    I assume this will be like the DMCA where there isn't any real deterrent for false claims.
    Big companies can afford to hire people to validate the requests to ensure they aren't claiming things that aren't theirs.

    Startup projects will simply honor all requests without validation as they don't have the time or money to do validation.

    Even youtube run by one of the largest companies runs by a honor request then check only if someone disputes policy so even a bogus request can take legitimate content down for a while. Further last I heard if they just claim ownership they are able to steal whatever money is made from monetization until the dispute process is completed and even if the claim is successfully disputed the creator doesn't get that money back.

    AFAIK the only company that is actually doing validation is google for their search product because they keep having companies take down things that aren't theirs, are their own websites or are overly broad like insisting slashdot be removed because one of the comments in 2008 quoted lyrics from a song.

    --
    Minimum threshold fixed. Thanks!
  7. Clear rules? by Opportunist · · Score: 1

    Jean-Claude, are you drunk again?

    If anything this made the whole mess even worse since now nobody knows what to do. Neither do the various EU countries that don't even know how to adapt this in any sensible way into their laws, nor do companies that don't have any idea how to comply with them, nor do the users who are pretty much preparing to simply ignore it by using VPN services.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Clear rules? by HornWumpus · · Score: 1

      When nobody knows what to do, lawyers make bank. Lawyers run the EU and all modern states.

      If you have servers in reach of the EU, get them out now. Fuck them.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  8. EU beams back to the brutish past by harvey+the+nerd · · Score: 2, Insightful

    Europe seems hellbent to go back to the 7th century, one way or another...

    1. Re:EU beams back to the brutish past by Opportunist · · Score: 4, Insightful

      The world is. Not just Europe. Everyone is scrambling to put the genie back into the bottle because the very last thing governments want is people being able to talk to each other and organize unsupervised.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:EU beams back to the brutish past by Brett+Buck · · Score: 2

      This is the same highly mature and sophisticated culture that resulted in regular wars at about 20-30 year intervals like a bunch of squabbling children, halted only when they were tightly controlled from the outside and their toys were taken away. So expecting reasonable decision-making is asking too much.

         

    3. Re:EU beams back to the brutish past by Opportunist · · Score: 1

      Really? You think they watch what happened in northern Africa and don't start to worry?

      Naive much?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. Presumably by UdoKeir · · Score: 5, Insightful

    Presumably this goes both ways. So those "news" outlets whose only content is made up of republishing Twitter (or Reddit) comments and pretending they did some work are now liable for paying those Twitter users for their content.

    1. Re:Presumably by Anonymous Coward · · Score: 2, Insightful

      Ha... ...haha... ...hahaha... ...hahahahaaaaaa!

    2. Re:Presumably by JeffOwl · · Score: 1

      Or should the news outlets be paying Google etc... for driving clicks from links?

    3. Re:Presumably by anarcobra · · Score: 1

      I haven't read the directive myself, but would a filter that always returns true be allowed?

  10. Re:Time for anonymized services to be free and eas by Opportunist · · Score: 1

    What YouTube will do is easy to figure out. If you're on their A-List, whatever you say is gospel and will be removed immediately. If you're not, any of your content that was removed stays removed.

    Why do you think they'd change anything?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. Re:Six countries didn't want this law, but are for by Opportunist · · Score: 1

    If they're smart, they will.

    Since it does not matter where I put my server within the EU (if I want to put it inside the EU for whatever reason), take a wild guess where I'd put it...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  12. Re:Six countries didn't want this law, but are for by JeffOwl · · Score: 2

    Brexit anyone?

  13. I want to be paid also! by grumpy-cowboy · · Score: 1

    My blog is indexed in Google. My stuff is copyrighted. Where's my money?

    --
    Will $CURRENT_YEAR be the year of the Linux Desktop?
    1. Re:I want to be paid also! by Hodr · · Score: 1

      The payment is based on number of times the link to your content was accessed. Google will cut you a check once you get enough clicks that they can round the owed value up to one cent.

  14. Business Model by Anonymous Coward · · Score: 1

    First, the Internet doesn't owe anyone a living. If you can't make money on the Internet, then don't be on the Internet.
    Second, there's the example of Randall Munroe and his xkcd comic. He allows free use of all his webcomic, and the quality of his content has allowed his survival by other means.

  15. Retweets? by RhettLivingston · · Score: 1

    So does this mean that sites like Twitter or even Slashdot would have to pay news sites when users link to them in posts? It seems like a big article being linked with a few thousand retweets could be a crazy expensive hit. Perhaps links will no longer be allowed.

    1. Re:Retweets? by locopuyo · · Score: 1

      It's not like anyone reads the article anyways.

  16. Will hurt EU in the end. by Anonymous Coward · · Score: 4, Informative

    Two countries, Germany and Spain, already tried to pull this stunt before. Germany was first, and Google retaliated by making companies sign a thing stating that if Google was to host those snippets they would do it licence free. Spain didn't like that so they made sure Google couldn't do that in their country. Google was like fine, guess what, we aren't hosting your news snippets at all. Spain complained, tried to take Google to court and told the judges that Google wasn't being fair, because them not hosting such content was hurting tons of business. Courts told Spain Google don't have to do business with anyone they don't want to do business with. In the end news companies in Spain were losing far far more money by not having their content hosted because Google wouldn't pay for license vs going license free.

  17. Re:"six countries" by Gavagai80 · · Score: 1

    Finland has the power to declare war, Rhode Island doesn't. Finland also has the power to block a lot of EU actions that require unanimous consent, whereas nothing in the USA except for changing senate representation requires unanimous consent of states.

    While both the USA and EU are fundamentally undemocratic structures, I'd much rather see the USA reform into a more EU-like structure because the EU does provide significantly more autonomy. Not to mention an escape hatch (article 50).

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    This space intentionally left blank
  18. Punish Google for "illegal" uploads? by flajann · · Score: 1, Interesting

    Google -- and any other online site -- cannot possibly know the upload contains "illegal" content until the upload is completed. So much babbling here about "Upload Filters" is even more perplexing, as though filter software will need to be installed on your computer before uploads are even allowed!!!!

    The EU politicians are idiots, of course, and YouTube has long since had copyright detection where your video will be blocked from viewing if YT's algorithms think your video has protected content.

    As far as news stories, Google is doing the news sites a favour, driving traffic to them. Talk about biting your gift horse.

    I am not saying that Google is a shining company, as the recent fiasco with James Damore demonstrates. But come on. Google provides so many free services to everyone, why bitch? Maps is a fine example, and I use that app daily to navigate through the rush hours in Berlin. I would actually pay for that service. And yes, yes, I know they are storing my movements -- for me, they have my movements stored all the way back to 2009. I actually find it useful to see precisely when and where I've travelled around the world. It's a privacy issue for sure, but then you don't have to use Google, or you can simply create a burner account if it matters that much to you.

    The EU seems hell-bent on destroying the Internet. At least for Europe. All Google and others have to do is simply block Europe (and I'll have my VPN at the ready!!!). How would Europe get along without Google? Bing? Yahoo? Sure. It would be funny as hell if the big Internet companies boycotted the EU. Funny as hell.

  19. At least we can see who by anarcobra · · Score: 3, Insightful

    Is not bought and paid for by the old media trying to destroy the internet.

  20. 6 countries said no. What if they continue? by Hotawa+Hawk-eye · · Score: 1

    Italy, Finland, Sweden, Luxembourg, Poland and the Netherlands voted no. This law needs to be written into the laws of each EU country. What if those six countries simply didn't write laws implementing that, or did write laws implementing those two sections but half-assed it by making the burden of proof high and/or the punishment low?

    1. Re:6 countries said no. What if they continue? by BlueStrat · · Score: 1

      Italy, Finland, Sweden, Luxembourg, Poland and the Netherlands voted no. This law needs to be written into the laws of each EU country. What if those six countries simply didn't write laws implementing that, or did write laws implementing those two sections but half-assed it by making the burden of proof high and/or the punishment low?

      EU member states pushing back against idiocy out of Brussels is exactly why the EU wants their own standing military. The EU is rapidly becoming a Western version of the old USSR.

      If they remain on this path, it's not out of the realm of possibility that at some point the EU and the rest of the West may end up in a 'cold war'-esque standoff, possibly even resulting in non-EU Western thermonuclear-tipped ICBMs being additionally targeted at the EU as well as Russia, N. Korea, and China.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  21. Voted what? by DontBeAMoran · · Score: 1

    six countries -- Italy, Finland, Sweden, Luxembourg, Poland and the Netherlands -- voted again the reform.

    It would appear msmash is drunk again.

    --
    #DeleteFacebook
  22. Re:Six countries didn't want this law, but are for by Opportunist · · Score: 1

    If there's still room between the servers of Amazon, MS and Facebook, sure.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  23. Re:Time for anonymized services to be free and eas by sims+2 · · Score: 1

    I don't think I insinuated that youtube would change anything. I was using them as an example of the chilling effects seen by abuse of the DMCA and suggesting that other companies would be adopting similar or even more user untrusting policies.

    User untrusting as in anyone makes a claim no matter how baseless and the content is removed automatically by machine trusting the accuser while the person who posted the content must defend themselves and prove they actually own it.

    Like the recent EFF twitter debacle the company filing the DMCA couldn't even tell them what was being infringed on and they still pulled it.

    It'd be like if someone said to the police "THAT MAN COMMITED A CRIME!"
    And the police asked "What did they do?" and they replied "I don't know arrest them!"
    Now in any normal scenario the police wouldn't take action in this case because the accuser is obviously being abusive because they aren't even able to form a valid complaint for what might have happened.

    But with the DMCA (and many seem to think the new eu law will be much worse with preemptive blocking)
    they see the claim and are immediately "well this is an open shut case take all their stuff until they can prove they did not do that thing. What thing? Doesn't matter."

    The EU law is expected to have preemptive scanning so like if a computer thinks your picture of your cat looks similar to someone else's cat you won't be able to upload it and you will likewise have to contest that your cat is not their cat instead of them in any way having to show that your cat is theirs.

    --
    Minimum threshold fixed. Thanks!
  24. Re:i.e. by Mathinker · · Score: 1

    > Even better - add filters requiring all EU Facebook, Twitter, etc, users to add a credit card to their accounts
    > and when they post a link to an EU based news source, the poster much pay the article fee directly (as it should be).

    That's an interesting solution which I did not think of. Unfortunately, it doesn't solve the "you must filter out content under copyright even though it is impossible to know what content is under copyright".

    About the only solution to that problem that I can think of, is to allow anyone to register as a "creator of content to be filtered" while requiring such creators to provide a free service which checks if a given upload is theirs. Then a small business could, eventually, after clearing content through all the registered services, actually allow a user-provided upload. It would probably take a significant amount of time, though, which, like this legislation, is not particularly in line with user expectations ("I have to wait for my upload to be cleared? WTF?").

  25. Re:Shotgun confirms, he's retarded, headed for pri by fuzznutz · · Score: 2

    "How many of those high level investigators on the Mueller team have been fired? Strok, Page, McCabe, etc. ." ARE YOU RETARDED LOL? They were fired for a prima facie POTENTIAL IMPRESSION of conflict of interest.

    If you're going to accuse someone of being retarded, you ought to at least get your facts straight. McCabe was fired after an internal Inspector General investigation determined that he lied to investigators. That's PERJURY to the rest of us. You and I would be indicted just like Michael Flynn if it had happened to us. As for Peter Strzok (correct spelling by the way) and Lisa Page... We'll let the Barr investigation run its course before making any definitive judgments.