EU's New Copyright Law Could Change the Web World Wide... Internet 'link tax'...
EUROPE'S NEW COPYRIGHT LAW COULD CHANGE THE WEB WORLDWIDE
KLINT FINLEY 09.12.18 02:58 PM
European publishers applauded the Parliament's approval
of a new copyright law. FREDERICK FLORIN/AFP/GETTY IMAGES
THE EUROPEAN PARLIAMENT passed sweeping copyright
legislation Wednesday that, much like its privacy regulations, could have
impact far beyond Europe.
Critics argue that the most controversial part of the
proposal will effectively force all but the smallest website operators to adopt
"upload filters" similar to those used by YouTube, and apply them to
all types of content, to stop users from uploading copyrighted works. That
could pose problems, given how expensive such filters could be to develop, and
the high likelihood of false positives.
The legislation will also require site owners to pay for
displaying snippets of content. Critics have called this a "link
tax," though links and search engine listings are exempted from the
requirement.
The proposal “is likely to limit the sharing of online
information,” Gus Rossi, global policy director at Public Knowledge, said in a
statement. “Web services large and small might decide to implement the
directive globally, which would diminish American users’ capacity to share
memes, political satire, or news articles online.”
Proponents of the proposal say it's necessary to protect
artists whose work is pirated online, as well as newspapers and journalists at
risk of having their business models undermined by social media giants.
"It’s a great day for the independent press and for democracy," a
coalition for European publishers said in a statement.
The version of the legislation approved Wednesday in a
438 to 226 vote hasn't been released to the public yet, and the exact nature of
the rules isn't established. The European Parliament still needs to negotiate a
final version of the proposal with its co-legislator, the European Council.
Then each EU member state will need to pass its own laws implementing the
legislation.
Parliament rejected a previous version of the proposal in
July. But EU Parliament member Julia Reda, a member of the Pirate Party Germany
and a vocal opponent of the legislation, says the version approved Wednesday
made "nothing but cosmetic changes" to the most controversial parts
of the proposal. Reda called for the parliament and the council to modify the
final version of the legislation to ensure that automated filters aren’t
necessary.
Traditionally, internet users are liable for the content
they upload to platforms like Facebook and YouTube, not the platforms
themselves. Much as in the US, the platform isn't held liable for copyright
infringement or other illegal content so long as a company removes that content
quickly once notified. Article 13 of the new EU legislation changes that by
holding platforms directly accountable for the content they host, with a few
exceptions. That means publishing platforms like Medium and WordPress would be
on the hook to make sure the text that users post doesn’t violate copyrights,
and photo-sharing sites like Instagram would have to watch for copyrighted
images. Previously published versions of the proposal, as well as proposed
amendments, specify that small businesses are exempt from the rules, along with
certain types of sites, such as open-source code-hosting platforms and free
online encyclopedias.
Article 11 of the proposal, meanwhile, would mandate that
sites such as Facebook and Twitter that share snippets of content either pay
the publishers of that content or limit the text used in links to a few
“individual words.”
Although published versions of the proposal don't
explicitly require companies to adopt automatic filtering technology, critics
argue that placing responsibility for policing content on platforms amounts to
a de facto requirement for filters. Although the rules would only apply inside
the EU, it's possible that companies would apply filters globally, just as some
companies are complying with EU privacy regulations even outside of Europe.
Earlier this year, more than 70 internet pioneers,
including web inventor Tim Berners-Lee and Wikipedia founder Jimmy Wales signed
an open letter opposing the proposal. The letter argues that automated filters
are not reliable and that the internet could not have developed as it has if
Article 13 had been in effect 25 years ago.
In a statement Wednesday, a Google spokesperson said,
“People want access to quality news and creative content online. We’ve always
said that more innovation and collaboration are the best way to achieve a
sustainable future for the European news and creative sectors, and we’re
committed to continued close partnership with these industries.” Facebook did
not immediately respond to a request for comment.
Even the best filtering systems are not perfect. YouTube
has removed videos erroneously; in other cases, companies or individuals have
used copyright takedown notices to silence critics.
Earlier this year, the legislation’s sponsor, European
Parliament member Axel Voss of the Christian Democratic Union of Germany, told
WIRED that while the proposal isn't perfect, it's better than the existing
system of allowing big tech companies to profit from ads run alongside material
that infringes on others’ copyrights.
Bringing the likes of Google and Facebook to heel has
been a major priority for European governments in recent years. In addition to
its sweeping privacy rules and the "right to be forgotten," the EU
imposed hefty antitrust fines on Google and sent Apple a $14.5 billion tax
bill. Germany passed a law ordering social media companies to delete hate
speech within 24 hours of it being published.
Comments
Post a Comment