European Union may pass law that could lead to this site being unusable

Blossomforth
Thread Starter - Started a thread with over 100 pages
Flexible - Bendy Pony

The Flexible One
There’s been a ton of news articles, blog posts, tweets, etc talking about how awful Article 13 is and how it will kill the internet. The funny thing is, however, that they all ask you to just take their word for it, but don’t actually provide the text of the proposed article or a link to where you can read it and judge for yourself. So for those interested, here’s the actual text of the now-infamous Article 13:
 
Article 13
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 users
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.
 
Source
 
So let’s break that down:
 
Item 1 dictates that service providers put in place measures to to detect and prevent the availability of copyrighted works that were identified by rightsholders who requested their works not be shared. This means that if an artist requests that we don’t host a specific image of theirs, we take measures to prevent that image from being re-uploaded. We already have two separate measures in place to do just that - image hash matching (which is 100% automatic and instant) and automatic dupe detection (which does require human review).
 
In fact, we even go a step further - if an artist requests that we host none of their images, they are added to the site’s “Do-Not-Post” (DNP) list. When someone uploads a new image, the site compares the artist tags in the image to the site’s DNP list, and if it finds a match and determines that the image violates the artists’s DNP conditions (no uploads at all, no edits, etc), it will block the uploader.
 
Item 2 dictates that service providers have a complaint and redress process in place in case there’s a dispute over the measures listed in Item 1. If someone feels that an image somehow slipped past the automatic checks, they can report it and request a manual review. If they feel like something got falsely flagged, they can make a post in the forum, email us, stop by our Discord or IRC server, etc.
 
Item 3 basically just blabbers on about establishing what’s appropriate and what’s best practice and not, and how proportionate measures need to be. Derpibooru’s relatively small, non-profit, and serves a niche audience. I believe the measures we already have in place are more than proportionate for a site of our stature.
 
Overall, if this does end up passing and becoming law, than I believe this would not have any significant impact on Derpibooru. As the proposal is written, we are already fully compliant with it. Worst case scenario, we’ll have to add a line or two to our “Contact Us” and “FAQ” pages about what to do if someone wants to make a complain about our dupe-detector missing/false-flagging something, but that’s trivial.
 
Edit: I am not a lawyer, I just know how to read English
Blossomforth
Thread Starter - Started a thread with over 100 pages
Flexible - Bendy Pony

The Flexible One
@Jarkes  
I didn’t say that. I said that if the law is passed, Derpibooru will already be compliant and will not be significantly impacted by the proposed legislation.
 
Other sites on the Internet that are not Derpibooru, however….
Blossomforth
Thread Starter - Started a thread with over 100 pages
Flexible - Bendy Pony

The Flexible One
@Jarkes  
@Blossomforth
 
Basically, the TL;DR of the law is that sites are gonna have to implement a system to detect and prevent posting of copyrighted material in which the rightsholders of said material have identified it as stuff they don’t want hosted on the site. Essentially, it’s YouTube’s Copyright ID for the rest of the internet.
 
We already have such systems in place, and they work extremely well. Other sites that don’t have such a system in place for their primary form of content will have to find a way to implement one. Depending on what the site hosts, that can end up being rather difficult.
silbasa
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Hello!
 
Great to hear that it is not the end of Derpibooru.  
And great explanation.  
However the law is iffy. And unclear. If we could stop this it would be great.  
Here is the Petiton from the other thread I made a while ago.  
If you can send your mp an email maybe we can make some noise. If you are not from a EU country just put one in.
 
Thanks.
Kazapsky

Five scoops of ice cream
Basically, the TL;DR of the law is that sites are gonna have to implement a system to detect and prevent posting of copyrighted material in which the rightsholders of said material have identified it as stuff they don’t want hosted on the site. Essentially, it’s YouTube’s Copyright ID for the rest of the internet.
 
That’s not a very complimentary comparison. Youtube’s system is an utter shambles thanks to its refusal to differentiate between valid claims and random trolls/scam artists.
 
That being said, this new law doesn’t go as far as the DMCA, so we’re not breaking any new ground in the governments-bowing-to-corporate-bullshit department.
Derpy Whooves
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@Background Pony #10DD  
If this is about your own site or some other kind of personal concern, maybe you should just hire an attorney, or contact people yourself. What other people need to do or be worried about most likely is different than what you need to do or be worried about.
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