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Standing against the EU Article 13. #saveyourinternet

CaptainXtra

El Paso Resident
Two things to share:
 
First off, The EU Commission’s guidance on Article 17 could be presented on the 19th of April.
 
Secondly, Poland’s Complaint against Article 17 has apparently been rescheduled to July 15th/17th for an unknown reason.
doloresbridge
Preenhub - We all know what you were up to this evening~
My Little Pony - 1992 Edition

Peace to all
@CaptainXtra  
Haven’t been following as closely as I should but I imagine that the anything the Commission has to say will kind of suck even if they present something unexpectedly lenient in some of their guidance recommendations.
CaptainXtra

El Paso Resident
Here’s an info dump!
 
First, we have news that the EU Commission will delay publishing their guidelines for the EUCD for an unspecified date in the coming weeks so nothing is gonna be said today:
 
https://twitter.com/elawnora/status/1384151924442681347?s=21
 
Next, a reminder that the EP TERREG vote will be around April 28-29th so please write to your MEP’s to make sure their making the right choice.
 
Lastly, I’ve mentioned this before but I’ll bring it up again:
 
Poland’s case against Article 17 which was supposed to be on the 22nd of this month has been pushed back to July.
 
https://twitter.com/communia_eu/status/1382935166990102528?s=21
CaptainXtra

El Paso Resident
There hasn’t been much in terms of massive news dumps but there’s some stuff to share.
 
We still don’t have word as to when the Commission actually will announce the new version of the guidelines but we have an draft of what the guidelines were going to be before they were delayed and changed:
 
Read It Here.
 
In other news, the TERREG EP vote will be on April 29th.
 
As usual, please write to your MEP’s to make the right choice or if you can’t write physically then at least make your email as unique as possible so that it won’t be flagged as spam.
CaptainXtra

El Paso Resident
So, some inside info on the TERREG’s implantation timeline:
 
According to an insider source, 20 days after the TERREG is approved is when it actually becomes law.
 
I mention this due to rumors that Sweden would start enforcing the law in 20 days, (which would be extremely difficult if not impossible to do), but it’s just a result of confusion surrounding when the TERREG will be law and NOT when it’s enforced.
 
There’s a 12 month period before it’s required to be enforced.
 

 
Next, there’s something important for Fanfic, Fanart, and any general Fan-Works creators in Germany and I suppose the rest of the EU as well to look at:
 
https://archiveofourown.org/admin_posts/19550
 
Please read it in full!
 

 
And unfortunately, we still have no word on the new EUCD guidelines.
doloresbridge
Preenhub - We all know what you were up to this evening~
My Little Pony - 1992 Edition

Peace to all
Germany is working on implementing Article 17, which makes significant changes in European copyright law. This has created an exciting opportunity to clarify that fan fiction is legal under German copyright law.
 
LOL. Exciting and horrifying
 
The government proposal makes clear that nonprofit websites like the Archive of Our Own should not be required to get licenses from copyright owners, as commercial websites like Facebook and YouTube will have to do. The draft bill also proposes to explicitly legalize fan fiction, fan art, and many other transformative works, as part of the EU exception for “caricature, parody and pastiche”.
 
That doesn’t sound like a best case scenario that’s for sure. Though I suppose the way TikToc and Youtube already license stuff already covers some of that I can’t escape the feeling of all the explosion of creative and highly derivative works is being replaced by a cucked corporate model that would act to prevent real criticism and evolution. Sure, maybe funny TikTocs could exist but I am not so sure about Vaporwave.
 
The risk is that some lobbyists are asking for a remuneration requirement for caricature, parody and pastiche—including fan fiction and fan art—even if they are not posted on commercial websites. The consequences of a payment requirement would be perverse: it would favor commercial platforms over nonprofits such as the Archive of Our Own and Wikipedia. This is because users could freely upload fan fiction, fan art, memes etc. to YouTube or Facebook, because the commercial platform would already be paying a collecting society through the implementation of Article 17, but the same users would have to pay a collecting society if they wanted to upload the same fan fiction, fan art or memes to their personal website or to a nonprofit website such as Archive of Our Own. In practice, the law would strengthen the big commercial platforms by creating an incentive for internet users to close down their private websites, leave nonprofit platforms such as AO3, and move their activities to a Facebook group instead.
 
My one hope if this law was something that hurt the big players, a slightly more decentralized internet if fan expression has to move elsewhere, may not be happening either, eh?
 
All of this I can say sends a chill down my spine, even if I as I Texan can’t really do much to stop it. At the very least maybe I could try to manage its effects elsewhere and try to aid in what ways I can. Sadly we are not having a internet coming togather moment like with SOPA and now power groups have become too entrenched and civil libertarian spirit of the old internet no longer in vogue.
CaptainXtra

El Paso Resident
A brand new article from COMMUNIA on how we stand at the moment:
 
DSM Directive implementation update: With one month to go it is clear that the Commission has failed to deliver
 
Italy is easily doing the most horrible job in terms of respecting mandatory user rights.
 
Also take a look at this EFF article going over the DSA proposal and how it could change for the better:
 
DSA Proposal: Recommendations for the EU Parliament and Council
CaptainXtra

El Paso Resident
Info about the Digital Services Act from Laura Kayali:
 
“ French EPP Geoffroy Didier is the Digital Services Act’s rapporteur in the legal affairs committee, reports @clothildegouj. This is important for three reasons.”
 
“ 1. The negotiating team in the internal market committee is made mostly of Nordic, Central European MEPs. Didier will bring the Western/Southern culture to the table (for better or for worse, your pick)“
 
“ 2. The French finally get a win. No French MEP was involved in the DSA in the internal market committee, Paris gets someone at last. (although not from the ruling party)“
 
“ 3. Geoffroy Didier backs ending online anonymity + is sympathetic to the rights holders requests (latest example is the initiative report on sports illegal streaming).“
 
—————
 
That last bit doesn’t sound very good…
CaptainXtra

El Paso Resident
Update from Communia on the French Implementation:
 
“ 🚨 DSM implementation update 🇫🇷: Yesterday The french ministry of culture published Ordonnance n° 2021-580 containing the french implementation of #Article17, which will go into effect on the 7th of June. “
 
This tweet includes this link:  
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043496429
 
“ The ordonance adds new articles to the Intellectual Property Code (L. 137 for copyright & L. 219 for neighbouring rights). There are few changes from the text discussed in Assemblee Nationale in march 2020. This is still a very literal implementation of the text of the directive. “
 
“ The main change is that the law now includes the requirement not to prevent legitimate uses. However the law does not specify how this should be achieved in practice. It contains no ex-ante safeguards that would limit automated blocking to obvious cases of infringement. “
 
“ With the ordinance in place France has now implemented all articles that strengthen the position of rightholders, authors and creators (articles 15, 17 & 18-23) ahead of the implementation deadline. However it has not implemented any of the Articles that strengthen users’ righs. “
 
/End Infodump
 
Looks like France will be ready but that still leaves a shitload of other nations and the Commission guidelines themselves.
 
Now the very fact that seemingly nothing to hardly anything to ensure that legal is kept up other than saying that it must should lead to legal repercussions for France if I’m correct.
 
If the Commission Guidelines are to be released soon then they’ll have to redo/adjust their implementation.
doloresbridge
Preenhub - We all know what you were up to this evening~
My Little Pony - 1992 Edition

Peace to all
“ 3. Geoffroy Didier backs ending online anonymity
 
Yeah, on that last bit, there maybe getting ready to have a big push by private sector forces as well. The Coalition for Content Provenance looks pretty concerning to that end It is being marketed to fight disinformation though I think TAC’s point on this being expanded to stuff like meme creators applies as well. Though I haven’t seen much chatter on it yet from digital rights groups or journalist normally who pay attention to this stuff that I check out from time to time though you follow a lot more than me in this realm and may have heard of it already, I have only seen it being mentioned in just a few right leaning media organizations with varying levels of credibility and scattered old school old school “free as in freedom” open source people talking about it some.
 
@Background Pony #0A8D  
Eh, most places where I have power/influence/a presence at are normally the type to roll their eyes at a change.org petition but it wouldn’t hurt I suppose.
CaptainXtra

El Paso Resident
Update on the Digital Services Act from the Twitter Account of Kirsten Fiedler:
 
“In #DSA #digitalservicesact shadow meeting, the rapporteur for JURI committee, Didier says: “We need to be ambitious to tackle hate speech, need to use technology to identify illegal speech” - which is exactly opposed to concerns by previous speakers regarding obscure algorithms.”
 
Didier is French which of course means his suggestions will include pandering to corporate interests and regressive systems just for the sake of profit.
 
France has some of the most crooked to the fucking core officials.
CaptainXtra

El Paso Resident
Update from Julia Reda:
 
“ The coalition factions have been working on changes to the #Urheberrechtsreform agreed, vote in the Legal Affairs Committee will take place tomorrow morning, adoption in the Bundestag on Thursday. My analysis of the changes will come soon at @freiheitsrechte !#Artikel17#Uploadfilter “
 
“ The #Urheberrechtsreform is now on the agenda of the Bundestag, Thursday from 11:40 a.m.!bundestag.de/tagesordnung#Artikel17#Uploadfilter#Urheberrecht“
 
Included is this link:  
https://www.bundestag.de/tagesordnung
CaptainXtra

El Paso Resident
We have new info from Julia:
 
” Tomorrow the Bundestag will decide:#Artikel17 applies from 1.8. in the! When legal content comes through #Uploadfilter are blocked, it reports to the company for @freiheitsrechte :freiheitsrechte.org/urheberrecht-i… If necessary, we will turn against the wrong ones #Copyright Claim claims & over-blocking. Thread: “
 
“ The outcry of #FanFiction Community has paid off the Bundestag improves #Urheberrechtsreform to! Caricature, parody & pastiche should now be allowed without restriction. The most important changes at a glance:freiheitsrechte.org/urheberrecht-i…#Artikel17#Uploadfilter “
 
“ The #Uploadfilter are partially tightened by the changes made by the Bundestag. Excerpts from live broadcasts or unpublished videos are automatically blocked until the end of the first broadcast. Football associations had lobbied for this.#urheberrechtsreform#Artikel17 “
 
“ The Bundestag defused #Uploadfilter elsewhere. Platforms should no longer pay for quotations and are not liable for wrong decisions if they have checked carefully. This means that there are fewer incentives to decide against users in case of doubt.#Artikel17 ”
 
“ If #Uploadfilter are at all compatible with fundamental rights, the European Court of Justice is already examining. We are closely monitoring these proceedings; we expect a judgment in spring 2022. In the meantime, we will #Artikel17 but in Germany from 1.8. applicable law. “
 
“ The #Urheberrechtsreform contains a collective right of action for associations that defend the rights of users. We want that from @freiheitsrechte perceive! You can support us by becoming a sustaining member:freiheitsrechte.org/mitmachen/#Uploadfilter#Artikel17 “
 
” Clarification regarding live streams: Rights holders can request the automatic blocking of excerpts from videos until the first broadcast is over. Right to quote, etc. will go through for so long #Uploadfilter ignored. This * not * prohibits all live streams. “
CaptainXtra

El Paso Resident
More news dumps on Germany’s outcome:
 
Here‘s an article by Paul Keller that‘s worth looking at!
 
https://medium.com/creative-commons-we-like-to-share/mapping-user-rights-in-the-evolving-eu-copyright-framework-e8b70a433f81
 
—-—  
We have a new article from COMMUNIA on the matter too:
 
https://www.communia-association.org/2021/05/20/german-article-17-implementation-law-sets-the-standard-for-protecting-user-rights-against-overblocking/
 
Please read it in full!
 
I‘ll share these important bits:  
Once signed into law, the implementation of Article 17 will be the first one that contains a practical mechanism designed to ensure that the use of upload filters does not result in the blocking of user uploads which do not infringe copyright.
 
The need for such an ex-ante mechanism arises from Article 17(7) and has also been stressed by the Commission at various points in the past.
 
In order to achieve this, the German implementation relies on the concept of “uses presumably authorised by law”, which must not be blocked automatically. For an upload to qualify as “presumably authorised by law”, it needs to fulfil the following cumulative criteria:
 
The use must consist of less than 50% of the original protected work,  
The use must combine the parts of the work with other content, and  
The use must be minor (a non-commercial use of less than 15 seconds of audio or video, 160 characters of text or 125 kB of graphics) or, if it generates significant revenues or exceeds these thresholds, the user must flag it as being covered by an exception.
 
More Info:  
Within the scope of the Article 17 implementation, all copyright exceptions except those for pastiche, parody and caricature remain unremunerated (the fact that citations were originally supposed to be remunerated had drawn criticism from a large group of academics)
 
Also in the context of the implementation of Article 17, service providers will not be liable for damages resulting from decisions that they take when adjudicating complaints. This removes an incentive for platforms to side with rightholders when adjudicating user complaints.
 
The provision allowing collective redress against structural overblocking by platforms has been further strengthened. These provisions also provide the basis for claiming damages from originators of false copyright claims.
 
The version adopted today also includes a new provision requiring platforms to provide scientific researchers access to data about the use of automated content recognition technology, allowing for a minimum level of transparency.
 
The exception allowing caricature, pastiche and parody, which is newly introduced into the German Copyright Act, will not be limited to only allow uses “justified by their purpose” (such a limitation was included in the government proposal and would have contradicted existing EU case law).
 
All of the exceptions for education and research, which were previously set to expire in early 2023, will now be permanent.
 
The Bundestag also clarified that a rule that would have excluded all written works younger than 30 years from being considered to be out of commerce now only applies to written works that have been published by a publisher.
CaptainXtra

El Paso Resident
So I question Julia on if the Guidelines have to be follow or can be ignored.
 
This is what she said:
 
“The guidelines are not legally binding. So France will not be required to follow them unless the European Court of Justice declares them binding.”
 
So basically, France can continue with their current plan unless the ECJ orders them to re-adjust.
 
Well, lawsuits were speculated to happened way back when it was revealed their implementation wouldn’t respect user rights and now I guess it’s gonna have to go that way.
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