Tomorrow, as many of you might know already, the EU parliament will vote for the new Copyright Law. For those who know few or nothing about it, here's a link to the official source, containing the law text: eur-lex.europa.eu/legal-conten…
The most controversial article is without any doubt the 13th:
Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their usersGobbledygook - English
1.Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
2.Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1.
3.Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
The article indicates how websites should treat any content submitted by their users:
1. A website hosting media needs to check if those media meet the agreements with the rightsholders (to ensure the copyright) using measures as Content Recognition Technologies
(To make it simple. Shazam, recognizing a song for you, is a CR technology) in a proportionate and appropriate way. (It depends on the single website, in nutshells).
2. EU countries will ensure there will be complaint/redress mechanisms in case those measures are applied on something that doesn't break the copyright laws. (For instance, false positives).
3. EU countries helps the cooperation between the website and the rightholders to define together the best way to accomplish the duty, taking into account the kind of website in exam (Facebook, Youtube, DeviantArt, Furaffinity and Twitter have NEITHER the same nature of services NOR the same availability of technologies).
One of my (and not only) concerns was "How this law applies over sites like deviantArt or Furaffinity"
I admit I'm a bit worried too, but the article says the measures are applied in a proportionate and appropriate way [..] there will be cooperation between website and rightsholders to define together the best way to accomplish the duty, taking into account the kind of website in exam
This thing, theorically, means that sites like Furaffinity or deviantArt (Whose income can't be as big as Youtube's or Facebook's) shouldn't take the same amount (and the same kind) of measures to be okay. They might even stay below this law's "Radar".
To be honest, I truly hope it won't pass, because the Article 13 is still too generic and it might cause more fuss than benefits as it might affect any form of information:
“Article 13 takes an unprecedented step towards the transformation of the Internet, from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users,”
That's what Internet's father, Tim Berners-Lee, said.
There's a lot to think about...
We'll see what happens tomorrow!
opinion is well accepted. NO