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EU and the proposed Article 13 !?!

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I wonder if Gopher will do a video on this?

https://www.wired.co.uk/article/what-is-article-13-article-11-european-directive-on-copyright-explained-meme-ban

As I read this my take away is all EU video content on YouTube will be blocked from view to the US until every piece has been vetted for copyright content..

One would say don't we already have that with music and the answer is yes. But the article says the youtuber must own all content as I read this Bethesda own all there games and youtubers own none of it except  their time recording and voice acting. LP's from the EU could be shutdown to the rest of the world.

I don't know why EU youtubers aren't doing videos to get their viewers to call and write whatever officials that might help stop or amend this article. Provide phone numbers of offices and address to write to. If there are websites to file comment provide that.

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21 minutes ago, OutandBack said:

As I read this my take away is all EU video content on YouTube will be blocked from view to the US until every piece has been vetted for copyright content..

Nah, that would take far too much work and money on Youtube's art.  They're more likely to stop anyone except trusted channels upload anything at all because Youtube don't want to be responsible if someone uploads something that someone else holds the copyright for.  And because it's cheaper and easier for them to just have one system everywhere, they'll probably roll that out globally.

 

Additionally, fair use doesn't work quite the same way in the EU as it does in the US so a lot of what could be defended with fair use in the US, can't be in the EU.  This is probably the video I've seen that makes it easiest to understand it. 

 

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3 hours ago, TiDinzeo said:

Nah, that would take far too much work and money on Youtube's art. 
snip...

 

I think you might be missing my point. You are right YouTube will not spend the time and money to vett those hundred of thousands of videos with borrowed content they will just no longer allow them.

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On 12/14/2018 at 6:39 PM, OutandBack said:

As I read this my take away is all EU video content on YouTube will be blocked from view to the US until every piece has been vetted for copyright content..

One would say don't we already have that with music and the answer is yes. But the article says the youtuber must own all content as I read this Bethesda own all there games and youtubers own none of it except  their time recording and voice acting. LP's from the EU could be shutdown to the rest of the world.

I don't know why EU youtubers aren't doing videos to get their viewers to call and write whatever officials that might help stop or amend this article. Provide phone numbers of offices and address to write to. If there are websites to file comment provide that.

If you're in the US, I think you're safe from any further content bans (as far as this is concerned) as it is far easier to block viewers from the EU. If you are from the EU it's another story. YouTube (Google/Alphabet Inc.) can simply IP ban all content from showing to anyone connecting from the EU to a video with content under review. Some US news websites like USA Today have already done that since the GDPR came into effect. https://eu.usatoday.com/EU-learn-more/
2023899770_USATODAYNETWORKEUROPEANUNIONEXPERIENCE.thumb.png.b5d348376000fea732a314e0d455afca.png
All videos and any embedded content (YouTube, Twitter... links) are blocked for EU viewers. There's nothing preventing Google from doing the same thing, if after they do the math it shows they will loose much less this way than by paying fines to the EU. They've had practice enough with China. Worse yet they may blanket-IP-ban access to content from certain publishers and labels which in some cases they are already doing for some publishers.

So they might let you upload a video but limit your audience. I don't know which is worse, a ban on uploads which puts you out of business or limiting your reach which makes you think you're in business but really aren't.

So far anytime I connect to YouTube it is a connection to a US based server. This might change as they've made changes to the TOS and Privacy Policies to EU viewers, making Google Ireland Limited the service provider in the EU, Iceland, Liechtenstein, Norway, or Switzerland. I think they're putting up their guards and preparing for the worst.

Personally, I have my YouTube set to show US content. I don't care to much about local content. YouTube is an American website after all. If I won't be able to watch the content I want, I will have to start using a VPN.

It's a good time to launch a VPN startup. VPN's might be in high demand in the EU if this gets voted in.

If you want this stopped, you can sign a petition:
https://www.change.org/p/european-parliament-stop-the-censorship-machinery-save-the-internet
and also here if you're from the UK:
https://petition.parliament.uk/petitions/228620

Or contact your MEPs:
http://www.europarl.europa.eu/meps/en/home

Details on how your MEPs voted you can find here:
https://twitter.com/Senficon/status/1039881088078958592
and by name here (upload filter vote on pages 34/35):
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bPV%2b20180912%2bRES-RCV%2bDOC%2bPDF%2bV0%2f%2fEN&language=EN

More info:
https://juliareda.eu/eu-copyright-reform/
https://saveyourinternet.eu/
https://dontwreckthe.net/

 

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Breaking:
(source: https://twitter.com/Senficon Julia Reda, MEP)

Quote

BREAKING: Council has failed to find an agreement on its #copyright position today. This doesn’t mean that #Article11 and #Article13 are dead, but their adoption has just become a lot less likely. Let’s keep up the pressure now! https://twitter.com/LauKaya/status/1086334889438384128  #SaveYourInternet

Julia Reda added,

Laura Kayali @LauKaya
#Copyright major plot twist: Monday's #copyright trilogue is cancelled because EU countries couldn't agree on a new text. https://www.politico.eu/pro/romanian-presidency-cancels-upcoming-trilogue-on-copyright/ 
10:51 AM - 18 Jan 2019
Quote

The trilogue negotiation planned for Monday has apparently been cancelled by the Council. There may still be a trilogue before the election, if Council can agree on a text later. I'll blog as I get more news. #SaveYourInternet #Article13

10:54 AM - 18 Jan 2019

 

 
Ok. So this is good news. gopherVaultStiv
 
This is some of what was planned to be pushed this week:
(source: https://twitter.com/Senficon Julia Reda, MEP)
Quote

This is the #copyright directive text that the Romanian Presidency will ask governments in Council to approve tomorrow: https://www.politico.eu/wp-content/uploads/2019/01/Revised-mandate-Coreper.pdf Still requires filters, still legalizes only memes that can’t be shared by anyone but their creator. #SaveYourInternet #Article13
7:19 AM - 17 Jan 2019

gopherMoo

Quote

The new text by the Romanians requires platforms to prevent uploads of copyrighted works, but requires next to no cooperation from rightholders! How is that supposed to work? #Article13 #SaveYourInternet
7:41 AM - 17 Jan 2019

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“The beginning of wisdom is to call things by their proper name.”
― Confucius

There Was Heavy Tech Lobbying On Article 13... From The Company Hoping To Sell Everyone The Filters
https://www.techdirt.com/articles/20190121/17024041437/there-was-heavy-tech-lobbying-article-13-company-hoping-to-sell-everyone-filters.shtml

Lobbying... I wish they'd start calling them what they are... bribes.

Here's their spiel. Hypnotic advertising at it's finest. But you'd have to be half asleep or an old f.a.r.t. ignorant bureaucrat to buy this. Oh, wait... <_<

 

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PETITION UPDATE

The Internet is saved? Unfortunately it isn't!
https://www.change.org/p/european-parliament-stop-the-censorship-machinery-save-the-internet/u/23948125

Quote

Jan 24, 2019 —

Unfortunately some misinformation is ghosting through the net, promising that the internet has been saved! The controversial copyright reform in the digital internal market failed after the EU Council cancelled the trilogue last Monday. Unfortunately this is not true.

Quote

Preliminary information:
We have received a promise from Katarina Barley, the German Federal Minister of Justice and Consumer Protection, that we may hand over the petition to her. The exact date is not yet known, we will keep you informed.

Additional funfact:
Our petition is about to become the biggest online petition of all time! Only one petition with about 4.9 million signers is still ahead of us. But we should also catch up with them in the near future.

 

Quote

Julia Reda @Senficon

#Article13 is not defeated yet and whether Germany will vote for it in Council is crucial! The petition against #Uploadfilters is about to become the largest online petition ever and German justice minister @katarinabarley has agreed to receive it! https://www.change.org/p/european-parliament-stop-the-censorship-machinery-save-the-internet/u/23948125 

2:10 AM - 25 Jan 2019
Quote

Julia Reda @Senficon

This shows that making your voices heard is not in vain! @katarinabarley is in charge of #copyright for the German government as minister of justice @BMJV_Bund and if she’s willing to listen, that can be a game changer! #Article13 #SaveYourInternet

2:31 AM - 25 Jan 2019
 

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Over 85 Organisations Call on EU Legislators to Delete Articles 11 & 13
https://copybuzz.com/copyright/over-85-organisation-call-on-eu-legislators-to-delete-articles-11-and-13/

Quote

With the EU copyright negotiations having reached a crucial stage, over 85 organisations, representing a broad community of stakeholders ranging from civil society organisations, creators, academics, universities, public libraries, research organisations and libraries, startups, software developers, business organisations, EU online platforms, to Internet Service Providers, are sending a strong signal to the EU legislators: delete Articles 11 and 13 from the copyright reform proposal!

On 29 January 2019, over 85 organisations sent an open letter [PDF] on the EU copyright Directive in the Digital Single Market to the EU Member States’ Deputy Ambassadors, European Commission Vice-President for the Digital Single Market Andrus Ansip, and the Members of the European Parliament (MEPs) involved in the trilogue negotiations with the Council.

 

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Article 13 is back on – and it got worse, not better
https://juliareda.eu/2019/02/article-13-worse/

Quote
In summary: France’s and Germany’s compromise on Article 13 still calls for nearly everything we post or share online to require prior permission by “censorship machines”, algorithms that are fundamentally unable to distinguish between copyright infringement and legal works such as parody and critique. It would change the web from a place where we can all freely express ourselves into one where big corporate rightholders are the gatekeepers of what can and can’t be published. It would allow these rightholders to bully any for-profit site or app that includes an upload function. European innovation on the web would be discouraged by the new costs and legal risks for startups – even if they only apply when platforms become successful, or turn 3 years old. Foreign sites and apps would be incentivised to just geoblock all EU users to be on the safe side.

 

Spoiler

BossyDarlingAntlion-size_restricted.gif

CorruptYoungEarwig-size_restricted.gif

 

 

Edited by Eliorim

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Don't it always seem to go
That you don't know what you've got 'til it's gone?
— Joni Mitchell 'Big Yellow Taxi'

Council ready to continue negotiations on the worst version of Article 13 yet
https://juliareda.eu/2019/02/council-worst-article-13/

Quote

Tonight, national governments have approved the proposal for a Council negotiating position on the controversial copyright directive that was leaked earlier this week. ...
...
The deal in Council paves the way for a final round of negotiations with the Parliament over the course of next week, before the entire European Parliament and the Council vote on the final agreement. It is now up to you to contact your MEPs, call their offices in their constituencies and visit as many of their election campaign events as you can! Ask them to reject a copyright deal that will violate your rights to share legal creations like parodies and reviews online, and includes measures like the link tax that will limit your access to the news and drive small online newspapers out of business.

Right before the European elections, your voices cannot be ignored! Join the over 4.6 million signatories to the largest European petition ever and tell your representatives: If you break the Internet and accept Article 13, we won’t reelect you!

 

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@OutandBack No problem, but trust me, I wish this was dead and I had nothing to write about. I'm just keeping the thread alive to let everybody know there is still time to fight this.

I'm closely following it and the more I look at it, the more I realize the scale of the potential detrimental impact this will have. Brexit or not, everybody would feel this to an extent if it went through. It would lessen the impact probably, yes. This is an economic crisis in the making. Think of all the people just making ends meet by being creative online because they couldn't get a worker-bee job. Their source of income — gone.

We are literally living through the renaissance of our time, and everybody blindly pushing this 'directive' is actually pushing to suffocate this movement of a generation (or several) if favor of institutionalized art and journalism. Sad thing to witness.

I hope there will be better news in the future. gopherVaultStiv

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6 hours ago, Eliorim said:

@OutandBack No problem, but trust me, I wish this was dead and I had nothing to write about. I'm just keeping the thread alive to let everybody know there is still time to fight this.

I'm closely following it and the more I look at it, the more I realize the scale of the potential detrimental impact this will have. Brexit or not, everybody would feel this to an extent if it went through. It would lessen the impact probably, yes. This is an economic crisis in the making. Think of all the people just making ends meet by being creative online because they couldn't get a worker-bee job. Their source of income — gone.

We are literally living through the renaissance of our time, and everybody blindly pushing this 'directive' is actually pushing to suffocate this movement of a generation (or several) if favor of institutionalized art and journalism. Sad thing to witness.

I hope there will be better news in the future. gopherVaultStiv

I agree. It feels a lot like 1984.

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“It is not despair, for despair is only for those who see the end beyond all doubt. We do not. It is wisdom to recognize necessity, when all other courses have been weighed, though as folly it may appear to those who cling to false hope.”
― J.R.R. Tolkien, The Fellowship of the Ring

The trilogue negotiations are concluded and a final version of the text is agreed upon, in all its gruesomeness.

Breaking: The text of Article 13 and the EU Copyright Directive has just been finalised
https://juliareda.eu/2019/02/eu-copyright-final-text/

(Below is the above linked post by MEP Julia Reda in full.)

Spoiler
Quote

Moments ago, negotiators from the European Parliament and the Council concluded the trilogue negotiations with a final text for the new EU Copyright Directive.

For two years we’ve debated different drafts and versions of the controversial Articles 11 and 13. Now, there is no more ambiguity: This law will fundamentally change the internet as we know it – if it is adopted in the upcoming final vote. But we can still prevent that!

Read on for details about the text, how we got here and what to do now:

What’s in the EU Copyright Directive

I will share the final wording of Articles 11 and 13 here as soon as possible – this will take a few hours. Here’s my summary:

Article 13: Upload filters

Parliament negotiator Axel Voss accepted the deal between France and Germany I laid out in a recent blog post:

  • Commercial sites and apps where users can post material must make “best efforts” to preemptively buy licences for anything that users may possibly upload – that is: all copyrighted content in the world. An impossible feat.
  • In addition, all but very few sites (those both tiny and very new) will need to do everything in their power to prevent anything from ever going online that may be an unauthorised copy of a work that a rightsholder has pointed out to the platform. They will have no choice but to deploy upload filters, which are by their nature both expensive and error-prone.
  • Should a court ever find their licensing or filtering efforts not fierce enough, sites are directly liable for infringements as if they had committed them themselves. This massive threat will lead platforms to over-comply with these rules to stay on the safe side, further worsening the impact on our freedom of speech.

 

Article 11: The “link tax”

The final version of this extra copyright for news sites closely resembles the version that already failed in Germany – only this time not limited to search engines and news aggregators, meaning it will do damage to a lot more websites.

  • Reproducing more than “single words or very short extracts” of news stories will require a licence. That will likely cover many of the snippets commonly shown alongside links today in order to give you an idea of what they lead to. We will have to wait and see how courts interpret what “very short” means in practice – until then, hyperlinking (with snippets) will be mired in legal uncertainty.
  • No exceptions are made even for services run by individuals, small companies or non-profits, which probably includes any monetised blogs or websites.

Other provisions

The project to allow Europeans to conduct Text and Data Mining, crucial for modern research and the development of artificial intelligence, has been obstructed with too many caveats and requirements. Rightholders can opt out of having their works datamined by anyone except research organisations.

Authors’ rights: The Parliament’s proposal that authors should have a right to proportionate remuneration has been severely watered down: Total buy-out contracts will continue to be the norm.

Minor improvements for access to cultural heritage: Libraries will be able to publish out-of-commerce works online and museums will no longer be able to claim copyright on photographs of centuries-old paintings.

* * *

How we got here

The history of this law is a shameful one. From the very beginning, the purpose of Articles 11 and 13 was never to solve clearly-defined issues in copyright law with well-assessed measures, but to serve powerful special interests, with hardly any concern for the collateral damage caused.

In the relentless pursuit of this goal, concerns by independent academics, fundamental rights defenders, independent publishers, startups and many others were ignored. At times, confusion was spread about crystal-clear contrary evidence. Parliament negotiator Axel Voss defamed the unprecented protest of millions of internet users as “built on lies”.

In his conservative EPP group, the driving force behind this law, dissenters were marginalised. The work of their initially-appointed representative was thrown out after the conclusions she reached were too sensible. Mr Voss then voted so blindly in favour of any and all restrictive measures that he was caught by surprise by some of the nonsense he had gotten approved. His party, the German CDU/CSU, nonchalantly violated the coalition agreement they had signed (which rejected upload filters), paying no mind to their own minister for digital issues.

It took efforts equally herculean and sisyphean across party lines to prevent the text from turning out even worse than it now is.

In the end, a closed-door horse trade between France and Germany was enough to outweigh the objections… so far.

What’s important to note, though: It’s not “the EU” in general that is to blame – but those who put special interests above fundamental rights who currently hold considerable power. You can change that at the polls! The anti-EU far right is trying to seize this opportunity to promote their narrow-minded nationalist agenda – when in fact without the persistent support of the far-right ENF Group (dominated by the Rassemblement/Front National) the law could have been stopped in the crucial Legal Affairs Committee and in general would not be as extreme as it is today.

* * *

We can still stop this law

The Parliament and Council negotiators who agreed on the final text now return to their institutions seeking approval of the result. If it passes both votes unchanged, it becomes EU law, which member states are forced to implement into national law.

In both bodies, there is resistance.

The Parliament’s process starts with the approval by the Legal Affairs Committee – which is likely to be given on Monday, February 18.

Next, at a date to be announced, the EU member state governments will vote in the Council. The law can be stopped here either by 13 member state governments or by any number of governments who together represent 35% of the EU population (calculator). Last time, 8 countries representing 27% of the population were opposed. Either a large country like Germany or several small ones would need to change their minds: This is the less likely way to stop it.

Our best bet: The final vote in the plenary of the European Parliament, when all 751 MEPs, directly elected to represent the people, have a vote. This will take place either between March 25 and 28, on April 4 or between April 15 and 18. We’ve already demonstrated last July that a majority against a bad copyright proposal is achievable.

The plenary can vote to kill the bill – or to make changes, like removing Articles 11 and 13. In the latter case, it’s up to the Council to decide whether to accept these changes (the Directive then becomes law without these articles) or to shelve the project until after the EU elections in May, which will reshuffle all the cards.

This is where you come in

The final Parliament vote will happen mere weeks before the EU elections. Most MEPs – and certainly all parties – are going to be seeking reelection. Articles 11 and 13 will be defeated if enough voters make these issues relevant to the campaigns. (Here’s how to vote in the EU elections – change the language to one of your country’s official ones for specific information)

It is up to you to make clear to your representatives: Their vote on whether to break the internet with Articles 11 and 13 will make or break your vote in the EU elections. Be insistent – but please always stay polite.

Together, we can still stop this law.

To the extent possible under law, the creator has waived all copyright and related or neighboring rights to this work.

 

TL;DR

Quote

Moments ago, negotiators from the European Parliament and the Council concluded the trilogue negotiations with a final text for the new EU Copyright Directive.

For two years we’ve debated different drafts and versions of the controversial Articles 11 and 13. Now, there is no more ambiguity: This law will fundamentally change the internet as we know it – if it is adopted in the upcoming final vote. But we can still prevent that!

Read on for details about the text, how we got here and what to do now:

...

This is where you come in

The final Parliament vote will happen mere weeks before the EU elections. Most MEPs – and certainly all parties – are going to be seeking reelection. Articles 11 and 13 will be defeated if enough voters make these issues relevant to the campaigns. (Here’s how to vote in the EU elections – change the language to one of your country’s official ones for specific information)

It is up to you to make clear to your representatives: Their vote on whether to break the internet with Articles 11 and 13 will make or break your vote in the EU elections. Be insistent – but please always stay polite.

Together, we can still stop this law.

 

Spoiler

LeftMerryEel-size_restricted.gif

 

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I don't know about you guys, but I'm going to start downloading some of my favourite vids that might be taken down the day this law is voted.
Maybe people talk about it in your country, but in France nobody ever heard about what's coming. :( (and most people don't understand what it means...)

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