Despite ringing denunciations from small EU tech businesses, giant EU entertainment companies, artists' groups, technical experts, and human rights experts, and the largest body of concerned citizens in EU history, the EU has concluded its "trilogues" on the new Copyright Directive, striking a deal that -- amazingly -- is worse than any in the Directive's sordid history. Read the rest

This week started with a terrifying bang, when German and French negotiators announced a deal to revive the worst parts of the new EU Copyright Directive though a compromise on "Article 13," which requires copyright filters for any online service that allows the public to communicate.

The Franco-German "compromise" was truly awful: German politicians, worried about a backlash at home, had insisted on some cosmetic, useless exemptions for small businesses; French negotiators were unwilling to consider even these symbolic nods towards fairness and consideration for free speech, competition, and privacy.

The deal they brokered narrowed the proposed German exemptions to such a degree that they'd be virtually impossible to use, meaning that every EU-based forum for online communications would have to find millions and millions to pay for filters — and subject their users to arbitrary algorithmic censorship as well as censorship through deliberate abuse of the system — or go out of business.

Now that a few days have passed, European individuals, businesses, lobby groups and governments have weighed in on the proposal and everyone hates it.

That German uprising that German politicians feared? It's arrived, in force.

Bitkom, representing more than 2600 German businesses, from startups to small and medium enterprises, has completely rejected the proposal, calling it "an attack on the freedom of expression";Eco, lobbying for more than 1,100 businesses across Europe, said that Germany had "become weak" in its negotiating position, putting "the smallest, small, and medium-sized companies" at risk;Deutschestartups tweeted their condemnation of the proposal, saying it put "stones in the way" of any European tech company hoping to grow;The Berlin think tank iRights.Lab called for an "immediate and total stop" to the negotiations, so alarmed were they by their direction; while C-Netz, another think tank that serves as a kind of arms-length expert body to Germany's mainstream political parties also denounced the deal. Read the rest

Last month, it seemed like Europe had been saved from a dangerous attempt by corporate lobbyists to hijack copyright legislation in order to add a few points to their balance sheets, at the cost of a free, fair, open internet. Now, thanks to Germany's decision to turn its back on small European tech companies, the EU is poised once again to hand permanent control over Europe's internet to the United States’ Big Tech sector, snuffing out the small- and medium-sized enterprises of Europe.

The new European Directive on Copyright in the Single Market is a grab-bag of updates to EU-wide copyright rules, which have been frozen in time since their last refresh, in 2001. But the Directive been imperiled since last spring, when German MEP Axel Voss took over as rapporteur, and promptly revived two controversial, unworkable clauses.

To remain credible, the EU must reject this haggling between giant commercial interests—and put the public good first.

Voss's deadly pet ideas were, first, a proposal to let news sites decide who could link to them and to charge for the privilege (Article 11); and second, a proposal to require every platform for public communication to invent and deploy copyright filters that would prevent any user from infringing copyright, even momentarily, by suppressing any communications that appeared to contain a copyrighted work of any kind (Article 13).

The response was swift and decisive: more than a million Europeans promptly wrote to their MEPs to demand that the Directive be voted on clause-by-clause, allowing for Articles 11 and 13 to be amended. Read the rest

The EU's plan to censor the internet with algorithms that block anything that might be a copyright infringement has only days to go before it will be too late for a vote before the upcoming elections, and so far, progress has been stalled thanks to France's unwillingness to accept tiny, meaningless concessions that Germany feels they must win to retain political credibility. Read the rest

Yesterday, the European Union's "trilogue" met for what was supposed to be the last negotiating session on the new Copyright Directive, including the universal filters for all user-generated content and a ban on links to news-sites without a paid license; as recently as last week, the proponents of the Directive were predicting an easy victory and a vote by December 19th, but yesterday's meeting ended in chaos, with a draft that everyone hates. Read the rest