In an open letter to the EU and European national officials who are negotiating the final form of the new Copyright Directive (by all accounts, a hot mess), some of the largest rightsholder groups and corporations in Europe -- sports leagues and movie studios -- have condemned the direction negotiations have gone in and asked to have their content removed from the scope of the Directive.
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In 2011, Europeans rose up over ACTA, the misleadingly named "Anti-Counterfeiting Trade Agreement," which created broad surveillance and censorship regimes for the internet. They were successful in large part thanks to the Polish activists who thronged the streets to reject the plan, which had been hatched and exported by the US Trade Representative.
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The European Union's new Copyright Directive contains two hugely controversial, poorly drafted and dangerous clauses: Article 11, which limits who can link to news articles and under which circumstances (and also bans Creative Commons licenses); and Article 13, which mandates that all platforms for public communications surveil all user posts and censor anything that matches (or partially matches) a crowdsourced, unaccountable database of allegedly copyrighted works.
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Under Article 13 of the new EU Copyright Directive, it will no longer be enough for online platforms to remove materials if someone claims they infringe copyright; instead, the platforms will have to prevent the display of any copyrighted material that has not been explicitly licensed for distribution.
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One of the most controversial elements of the EU's new Copyright Directive is Article 11, the "link tax," which requires paid licenses for links to news stories that contain "excerpts" (more than a single word from the story or its headline, depending on which draft you're reading).
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When the EU voted for mandatory copyright censorship of the internet in September, Italy had a different government; the ensuing Italian elections empowered a new government, who oppose the filters.
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YouTube CEO Susan Wojcicki's annual letter to creators takes a strong position on Article 13 of the EU Copyright Directive, which forces companies offering public communications platforms to maintain crowdsourced databases of copyrighted works that users are blocked from uploading.
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The European Union's General Data Protection Regulation is a gnarly hairball of regulation; on the one hand, it makes it virtually impossible to collect mountains of data and buy/sell/trade/mine it to a corporation's heart's content; on the other hand, it imposes a ton of expensive compliance steps on its targets like high-cost record-keeping, and it apportions liability to website operators whose advertisers are out of compliance with the regulation.
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The EU's catastrophic new Copyright Directive is steamrollering towards completion, and that should worry every internet user, not just those in the EU.
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The EU's wide-ranging plan for indiscriminate internet censorship has progressed from a vote in the European Parliament and now reps from the EU will meet with reps from the 28 countries that make up the EU to hammer out the final text that will be put to the Parliament for what might be the final vote before it becomes law.
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Here's my reading (MP3) of
Today, Europe Lost The Internet. Now, We Fight Back, written for EFF Deeplinks on the morning of the EU's catastrophic decision to vote in the new Copyright Directive with all its worst clauses intact.
MP3
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In the years during which the new EU Copyright Directive was being drafted, a variety of proposals were considered and rejected by the EU's own experts, and purged from the draft text, but two of these proposals were reintroduced, slipped back into the Directive on the day the GDPR came into effect, while everyone's attention was elsewhere.
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When pianist James Rhodes uploaded a recording of his own performance of a Bach composition to Facebook, it was immediately blocked thanks to a match with a recording that Sony had claimed copyright in; Facebook uses an automated filter of the sort that the EU voted to make mandatory for all content types and services yesterday and it can't distinguish any competent rendition of Bach from any other competent rendition.
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Lobbyists for "creators" threw their lot in with the giant entertainment companies and the newspaper proprietors and managed to pass the new EU Copyright Directive by a hair's-breadth this morning, in an act of colossal malpractice to harm to working artists will only be exceeded by the harm to everyone who uses the internet for everything else.
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Tomorrow's the day: the EU will vote on the text of the new Copyright Directive, including the most sweeping and invasive internet regulations in European history: Article 11, letting news sites decide who can link to them and charge for the privilege; and Article 13, creating vast, unaccountable databases of "copyrighted works" and censoring anything that appears to be a match.
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