European Parliament approves copyright bill slammed by digital rights groups

stine

Ars Tribunus Militum
2,895
Does the bill say anything about how these automated systems should be tuned to prevent false positives vs. False negatives?

If not, can't companies just target 0% false positives, and let the false negative rate suffer as a result?

Does it in fact say 'automated systems'? Or is that just your sensible reading of the document?
 
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raxx7

Ars Legatus Legionis
16,453
Subscriptor++
Who are the shadow actors behind this bill? I can't imagine this just spontaneously entered the minds of the parliamentarians, and web publishers don't seem to have enough organization.

Basically, a wide range of people involved in the news, music and film _business_, from big company CEO to relatively unknown but _professional_ artists.

They're all blinded by the fear of losing their job and can't see the facts.
 
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1 (3 / -2)

kornichon

Smack-Fu Master, in training
83
Subscriptor++
This new directive is the best thing for freeloaders yet.

I think I have an idea. Once you have your website built, but before you open it to the public, you simply have to write a letter to the collection societies (BMG, ASCAP, etc. see here for a bigger list: https://en.wikipedia.org/wiki/List_of_c ... _societies ) and tell them that you've built a copyright filter and that in order to prevent the upload of their copyrighted works, they'll need to send you, at no charge, a digital copy of every work that they expect your filter to block. Tell them that if they don't expect you to block a particular work, they should withhold it from you.

Sign them.

Date them.

Send them via registered mail.

If they don't send you a couple of trucks full of dvds, you're free to allow your users to upload anything that they've refused to provide you with.

We finally found a way around the Disney Vault. You're a genius!

Ha, here in France the State PAYS Disney to publish "Le journal de Mickey" (half a million € per year). Source: Le monde, the titles are listed in the linked downloadable pdf file https://www.lemonde.fr/les-decodeurs/ar ... 55770.html
 
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9 (9 / 0)

Tim Lee

Ars Tribunus Militum
1,888
Subscriptor
I’d be interested in reading a bit more about whether this initiative will actually effect small internet companies. Copyright is still a territorial right, so if smal-YouTube-competitor doesn’t implement European style content filtering, they might be in violation of Belgian law - but if they don’t have any assets in Belgium, who cares? Similar story with link tax. Good luck getting an Austrian Court to collect a judgment against a California company.

True, this will disincentivize small internet companies from opening up offices in Portugal as they grow - but, well, that’s Portugal’s problem. Isn’t it largely the internet behemoths who already have offices in Ireland that need to worry about this?

If someone starts a US-based video sharing site that complies with US law and doesn't solicit European customers, they might be able to get away with ignoring there new rights in Europe. So in practice, the effect might be less to squelch innovation overall than to drive innovative companies in these sectors out of Europe.
 
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26 (26 / 0)

Deadwing

Ars Scholae Palatinae
712
Subscriptor
Good. Let them do it. I fully believe in the concept of giving people all the rope they demand to hang themselves. The popular sites could take a stand and just block everyone from the EU, but they won't because $$$. Google would sooner stop indexing local media sites than pay each and every one of them, and as we've seen a few times now, deindexed sites die from obscurity and start begging Google for reinstatement.
 
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16 (16 / 0)

ip_what

Ars Tribunus Angusticlavius
6,174
I’d be interested in reading a bit more about whether this initiative will actually effect small internet companies. Copyright is still a territorial right, so if smal-YouTube-competitor doesn’t implement European style content filtering, they might be in violation of Belgian law - but if they don’t have any assets in Belgium, who cares? Similar story with link tax. Good luck getting an Austrian Court to collect a judgment against a California company.

True, this will disincentivize small internet companies from opening up offices in Portugal as they grow - but, well, that’s Portugal’s problem. Isn’t it largely the internet behemoths who already have offices in Ireland that need to worry about this?

Wouldn't bet on it.

https://arstechnica.com/tech-policy/201 ... o-he-sues/

That’s a story about a private registrar voluntarily handing over a domain in response to a French court order of questionable enforceability. It’s not about a federal judge in the northern district of California telling new-Facebook they have to pay Belarus’ link tax.
 
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11 (11 / 0)

AreWeThereYeti

Ars Praefectus
4,467
Subscriptor
What's interesting is that content being listed on Google, for instance, is a win-win. Well-managed platforms have an SEO strategy in order to help disseminate content through search providers. Without this linking, how could many Web presences even survive? Even with not-for-profit presences, getting out the message through search engines is a vital part of their strategy.

Now, what if the script is flipped, and search engines begin treating listings more like the traditional classified section of print publications?

Yeah, I suspect the way to make clear how stupid this is to turn it on it's head: Google News should charge news organizations to include links to their stories. See how they like that.
 
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16 (16 / 0)

IntellectualThug

Ars Tribunus Angusticlavius
10,778
I’d be interested in reading a bit more about whether this initiative will actually effect small internet companies. Copyright is still a territorial right, so if smal-YouTube-competitor doesn’t implement European style content filtering, they might be in violation of Belgian law - but if they don’t have any assets in Belgium, who cares? Similar story with link tax. Good luck getting an Austrian Court to collect a judgment against a California company.

True, this will disincentivize small internet companies from opening up offices in Portugal as they grow - but, well, that’s Portugal’s problem. Isn’t it largely the internet behemoths who already have offices in Ireland that need to worry about this?

Wouldn't bet on it.

https://arstechnica.com/tech-policy/201 ... o-he-sues/

That’s a story about a private registrar voluntarily handing over a domain in response to a French court order of questionable enforceability. It’s not about a federal judge in the northern district of California telling new-Facebook they have to pay Belarus’ link tax.

That same sort of extortionate behavior could easily be replicated against associated entities with European presences. I'm not certain that the EU will find a way to force this down the throat of other parts of the world, but I'm also not certain they can't.
 
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5 (5 / 0)
Considering the number of websites that have abandoned European users post-GDPR, wouldn't this only serve to exacerbate that fragmentation as companies cease to do business to avoid liability? Since non-European entities make up the majority of popular services at this time, I can't see continental alternatives meeting local demand quickly enough (who is going to have the money to EuroGoogle?).

Additionally, it looks like to qualify as a medium, small, or micro-business, there are also turnover/balance sheet thresholds. But, under the employee-side of the exemption, what I can't see is how contractors would be treated. They would be working on behalf of the enterprise, but they aren't subordinated and deemed employees under national law. Additionally, there is an exemption for apprentices, which I take to mean interns. I suppose you could follow the American model and go heavy on those two categories.
 
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8 (8 / 0)
This is a bad bill, and if it goes into effect, I highly anticipate US interests demanding that we change our copyright laws to harmonize with it.

Yeah, but Google&Co at this point have much more muscle than copyright interests. It would be a complete no go.

American companies might do rather well off of Europe, though. They'll have more traffic redirected to them, and VPN services to the US might become the norm (the UK might enjoy a similar windfall). What are they supposed to do anyway? Ban Google, or YouTube? Good luck with that.
 
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5 (5 / 0)

IntellectualThug

Ars Tribunus Angusticlavius
10,778
This is a bad bill, and if it goes into effect, I highly anticipate US interests demanding that we change our copyright laws to harmonize with it.

Yeah, but Google&Co at this point have much more muscle than copyright interests. It would be a complete no go.

American companies might do rather well off of Europe, though. They'll have more traffic redirected to them, and VPN services to the US might become the norm (the UK might enjoy a similar windfall). What are they supposed to do anyway? Ban Google, or YouTube? Good luck with that.

Never underestimate the authoritarian tendencies of bureaucrats on the take.
 
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8 (10 / -2)

ip_what

Ars Tribunus Angusticlavius
6,174
I’d be interested in reading a bit more about whether this initiative will actually effect small internet companies. Copyright is still a territorial right, so if smal-YouTube-competitor doesn’t implement European style content filtering, they might be in violation of Belgian law - but if they don’t have any assets in Belgium, who cares? Similar story with link tax. Good luck getting an Austrian Court to collect a judgment against a California company.

True, this will disincentivize small internet companies from opening up offices in Portugal as they grow - but, well, that’s Portugal’s problem. Isn’t it largely the internet behemoths who already have offices in Ireland that need to worry about this?

If someone starts a US-based video sharing site that complies with US law and doesn't solicit European customers, they might be able to get away with ignoring there new rights in Europe. So in practice, the effect might be less to squelch innovation overall than to drive innovative companies in these sectors out of Europe.

Yeah, that’s my sense as well. But I’m not sure why a company would even have to care about whether or not they solicit European customers. They’re not going to want to put offices or infrastructure in Europe, but I don’t see how a European country could gain an ability to collect against US (for example) assets just because there are European customers.
 
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6 (6 / 0)

stine

Ars Tribunus Militum
2,895
Copyright enforcement has become more and more draconian in my lifetime. Copyright was supposed to be good for everyone - temporary protection for artists, more content for society, with the promise of RELEASE INTO THE PUBLIC DOMAIN.

I'm starting to think that the copyright system itself is essentially untenable. Copyright holders will always push to have unlimited, ironclad copyrights, and John Q. Public will never have the lawyers to fight them.

In this respect, is the gain in content worth the cost to society as a whole? In other words, does the original "deal" of copyrights still even stand?

I totally agree with the spirit of copyright but holy fuck, does it suck now. I agree that making something takes time and that thing should be protected for a limited amount of time to compensate for the time it took to make.

But shit like this and things like copyright lasting for 70 years and basically giving their children/family members a free ride just because they made a catchy tune one time when they were 20 really make me hate it.

I hate to lacquer your bubble, but it's life plus 70 years...
 
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15 (15 / 0)

raxx7

Ars Legatus Legionis
16,453
Subscriptor++
Considering the number of websites that have abandoned European users post-GDPR, wouldn't this only serve to exacerbate that fragmentation as companies cease to do business to avoid liability? Since non-European entities make up the majority of popular services at this time, I can't see continental alternatives meeting local demand quickly enough (who is going to have the money to EuroGoogle?).

A lot of websites have blocked EU users but they don't make much revenue from EU and it would cost them more to implement EU GDPR compliance than to block the users.

On the other hand, Google, Facebook, et all while they are not EU companies they derive about 1/3 of their revenue from EU. They will rather comply than risk that revenue.
 
Upvote
5 (6 / -1)
Copyright enforcement has become more and more draconian in my lifetime. Copyright was supposed to be good for everyone - temporary protection for artists, more content for society, with the promise of RELEASE INTO THE PUBLIC DOMAIN.

I'm starting to think that the copyright system itself is essentially untenable. Copyright holders will always push to have unlimited, ironclad copyrights, and John Q. Public will never have the lawyers to fight them.

In this respect, is the gain in content worth the cost to society as a whole? In other words, does the original "deal" of copyrights still even stand?

I totally agree with the spirit of copyright but holy fuck, does it suck now. I agree that making something takes time and that thing should be protected for a limited amount of time to compensate for the time it took to make.

But shit like this and things like copyright lasting for 70 years and basically giving their children/family members a free ride just because they made a catchy tune one time when they were 20 really make me hate it.

I hate to lacquer your bubble, but it's life plus 70 years...
It's life + 70 until the next time it's extended. Which it will be.
 
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7 (7 / 0)

raxx7

Ars Legatus Legionis
16,453
Subscriptor++
I’d be interested in reading a bit more about whether this initiative will actually effect small internet companies. Copyright is still a territorial right, so if smal-YouTube-competitor doesn’t implement European style content filtering, they might be in violation of Belgian law - but if they don’t have any assets in Belgium, who cares? Similar story with link tax. Good luck getting an Austrian Court to collect a judgment against a California company.

True, this will disincentivize small internet companies from opening up offices in Portugal as they grow - but, well, that’s Portugal’s problem. Isn’t it largely the internet behemoths who already have offices in Ireland that need to worry about this?

If someone starts a US-based video sharing site that complies with US law and doesn't solicit European customers, they might be able to get away with ignoring there new rights in Europe. So in practice, the effect might be less to squelch innovation overall than to drive innovative companies in these sectors out of Europe.

Yeah, that’s my sense as well. But I’m not sure why a company would even have to care about whether or not they solicit European customers. They’re not going to want to put offices or infrastructure in Europe, but I don’t see how a European country could gain an ability to collect against US (for example) assets just because there are European customers.

There is zilch chance EU can collect anything against an US company.
But EU (member states) can easily block EU banks and companies from doing business with a particular US company.
That is the one and only leverage EU holds.
For someone like Google, Facebook, etc that is a lot of revenue lost.
For many other US companies, it's irrelevant.
 
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3 (3 / 0)

Violynne

Ars Scholae Palatinae
881
Here's irony.

Copyright started over there, and were laws preventing people from printing.

Then it was changed, giving a temporary monopoly on works before going to the public.

Now it seems the EU is going back to its roots.

It didn't work out the first time. What the hell is the matter with those people who think it'll work this time.

I don't even want to know because nothing justifies this ridiculous ruling. Nothing.
 
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9 (9 / 0)
Advocates argue that de-listing every news site in Europe is going to be a much more drastic and costly step than de-listing news sites in any one European country. Hence, the theory goes, Google and other technology giants will have little choice but to come to the table and pay licensing fees.

Great they do know that there is this thing called a sorting function? You know sorting where you can go by date or say relevance, or say price of link paid by Google in ascending order.
 
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3 (3 / 0)

HiroTheProtagonist

Ars Praefectus
5,551
Subscriptor++
Well that's just lovely. Given all that has happened in regards to deregulation of ISP's over here, I'd still say this is far more damaging to a "free and open internet".

VPN's will be the only beneficiaries of this.

It all makes sense now: NordVPN is behind all this!

Seriously, I've been seeing ads on TV for their service. No other VPN would bother with buying TV ad space, and their's is considered the gold standard (outside of rolling your own, but that's its own thing).
 
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5 (5 / 0)
It's life + 70 until the next time it's extended. Which it will be.

My crystal ball tells me there is currently approx. just over 5 years left until the next extension. ;)

Hint: Steamboat Willie is currently scheduled to enter the public domain on 1st January 2024. You and me we both know there is no way in hell that's going to happen.
 
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10 (11 / -1)
Well that's just lovely. Given all that has happened in regards to deregulation of ISP's over here, I'd still say this is far more damaging to a "free and open internet".

VPN's will be the only beneficiaries of this.

It all makes sense now: NordVPN is behind all this!

Seriously, I've been seeing ads on TV for their service. No other VPN would bother with buying TV ad space, and their's is considered the gold standard (outside of rolling your own, but that's its own thing).

I don't know if it's the gold standard. I have it, and it can be kind of wack at times.
 
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0 (0 / 0)

Lily Liliaceae

Ars Scholae Palatinae
632
What's interesting is that content being listed on Google, for instance, is a win-win. Well-managed platforms have an SEO strategy in order to help disseminate content through search providers. Without this linking, how could many Web presences even survive? Even with not-for-profit presences, getting out the message through search engines is a vital part of their strategy.

Now, what if the script is flipped, and search engines begin treating listings more like the traditional classified section of print publications?

Yeah, I suspect the way to make clear how stupid this is to turn it on it's head: Google News should charge news organizations to include links to their stories. See how they like that.


I would go further, charge per article listed, since now you have operating overheads due to having to check to compliance with EU law in each one.
 
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10 (10 / 0)

barrattm

Ars Tribunus Militum
1,796
A sad day for a free internet. Looks like at this point, all we can do is watch and let the chaos ensue, and let that chaos be a testament to what horrible things laws like these do.


I think it's a mistake to think of the Internet being "free". All content everywhere costs someone time and effort to create it. Some people are sufficiently well funded / doing it as a hobby to be able to give it away for free. Others are trying to make a living from it. Regardless, someone has gone to some lengths to create it. It is free only in the sense that you've not had to pay for it, but not in the sense of what it cost to put it there. That's quite an important thing to remember.

I think it is quite interesting that companies like Google are complaining about it whilst being the ones getting fat of the back of other people's effort, by being the monopolist search gateway between the lazy punters who don't know what a bookmark is and content.

I don't think that'll stop - there's always free content the owner of which will sacrifice everything to get attention - but the quality of that free content might plummet. Google News and similar scrapers could become the home for extremist / fake news, whilst the "normal" stuff is accessible only through paywalls or by buying an actual newspaper. Humanity being what it is, one fears for the future of sane elections, social attitudes, etc.
 
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-7 (7 / -14)

elkhantar

Wise, Aged Ars Veteran
152
While I don't support this law, I can see the logic behind some parts. At the moment, if you have a newspaper, you cannot print some hate speach and copyrighted material and say "this is the content published by our readers, we are not responsible for it". Somehow, websites expect to be free of any liability for the same situation.

Except in a paper you have to print the material, allocate it part of your valuable page space, prepare and edit and format it and finally distribute it, whereas in online platforms the content can be uploaded automatically... totally not the same?
 
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8 (8 / 0)
It's life + 70 until the next time it's extended. Which it will be.

My crystal ball tells me there is currently approx. just over 5 years left until the next extension. ;)

Hint: Steamboat Willie is currently scheduled to enter the public domain on 1st January 2024. You and me we both know there is no way in hell that's going to happen.

Of course it's not going to happen... who the hell has the original release of Steamboat Willie ready to digitize? Hopefully the Library of Congress.
 
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0 (0 / 0)

knbgnu

Ars Tribunus Angusticlavius
7,068
A sad day for a free internet. Looks like at this point, all we can do is watch and let the chaos ensue, and let that chaos be a testament to what horrible things laws like these do.


I think it's a mistake to think of the Internet being "free". All content everywhere costs someone time and effort to create it. Some people are sufficiently well funded / doing it as a hobby to be able to give it away for free. Others are trying to make a living from it. Regardless, someone has gone to some lengths to create it. It is free only in the sense that you've not had to pay for it, but not in the sense of what it cost to put it there. That's quite an important thing to remember.

I think it is quite interesting that companies like Google are complaining about it whilst being the ones getting fat of the back of other people's effort, by being the monopolist search gateway between the lazy punters who don't know what a bookmark is and content.

I don't think that'll stop - there's always free content the owner of which will sacrifice everything to get attention - but the quality of that free content might plummet. Google News and similar scrapers could become the home for extremist / fake news, whilst the "normal" stuff is accessible only through paywalls or by buying an actual newspaper. Humanity being what it is, one fears for the future of sane elections, social attitudes, etc.
They were talking about free as in freedom (libre), not free as in beer (gratis).
 
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6 (6 / 0)
I don't have a lot of experience with the platform liability discussion, so I'm sort of asking a question vs. making an assertion, but it strikes me as normal that digital "land owners" would be held to similar standards as physical land owners.

Isn't arguing otherwise basically arguing that "but on a computer" is somehow a meaningful distinction?

But they're not land owners, they're more like parking ramp or road owners.

Parking ramp owners are not liable for all sorts of shit. Car breakins and things like that.
 
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6 (6 / 0)
One thing I don't get as a user of Bing/Google News user.. How the hell is it suppose to work that I end up on your site, without Google?

When a breaking story happens, there isn't an obvious source that I can go for every story. Each situation is actually different and chances are I would never land on your page without Google's assistance. How often do I check abcnews? Never, but once in awhile Google will send me there. Who is this other user type?
 
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13 (13 / 0)

Fritzr

Ars Legatus Legionis
15,150
It's not the most important detail by any stretch of the imagination, but this
but fans have traditionally been free to take pictures or personal videos and share them online. The new legislation could give sports teams ownership of all images and video from their games, regardless of who took them and how they are shared.
is monstrous.

Attempting to impose a legal framework upon what you see and feel with your own eyes. It is hard to believe it is even real.
The provision that grants sports organizations ownership of works created without their knowledge or instigation is going to be interesting since the Berne Convention gives ownership of videos and images to the person who created them. The new law will have to override this international copyright treaty that was created in Europe to enforce the European take on copyright.

That provision simply violates the existing international copyright agreements. Even the US with all the flaws in their copyright law does not automatically grant ownership of copyright to parties not involved in creation of the work. (US does limit use of licensed marks and images, but that does not transfer the copyright to the owner of the mark)
 
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