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

CaptainXtra

PUNCH A FASCIST!
@Background Pony #2FBB  
I can understand people like him being tired of this topic.
 
If he doesn’t wish to continue fighting then fine, I won’t hold it against him.
 
I have 0 intention of stopping my coverage of this subject anytime soon.
Posted Report
Background Pony #2FBB
@CaptainXtra  
I know I won’t stop you. But i wanted you to look at it.
 
Look, i know you won’t stop, considering you’re a EuroSkeptic, and that’s understandable, but i feel that you shouldn’t let it get the better of you. There are, like the OP says, much worse things to worry about. And while i see your point, I think you should at least take what the OP says.
 
Like i said, I know i won’t stop you.
Posted Report
CaptainXtra

PUNCH A FASCIST!
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.
Background Pony #2FBB
@CaptainXtra  
Though:
 
If the Commission Guidelines are to be released soon then they’ll have to redo/adjust their implementation.
 
This will depend on if the Commission supports user rights.
Posted Report
CaptainXtra

PUNCH A FASCIST!
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.
Posted Report
Background Pony #2FBB
@CaptainXtra  
Tbf, most copyright directives have this, although not as severe.
 
Did the previous copyright directives the EU put out look look similar, article-wise? If so, it might mean that eventually, articles will not be enforced, especially if they were similar. Just wondering.
Posted Report
CaptainXtra

PUNCH A FASCIST!
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
Posted Report
CaptainXtra

PUNCH A FASCIST!
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. “
Posted Report
Background Pony #2FBB
“ 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. “
 
I thought it was gonna be july? Or is this a different judgment?
Posted Report
CaptainXtra

PUNCH A FASCIST!
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.
Posted Report
CaptainXtra

PUNCH A FASCIST!
@DarkBrawlerCF1994  
I’m curious as to how Reviews/Commentaries will be able to work with these limits.
 
Then again the whole, “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”, portion leads me to believe that they’re not bound to the “authorised by law” requirements.
 
I mean wouldn’t “critique” be grouped in with caricature, pastiche and parody?
Posted Report
DarkBrawlerCF1994

No matter what may happen with this directive to the internet in EU nations in the coming years, it is still not okay, EVER, to incite a violent raid like Trump had done with his radical stanbase to the US Capitol!
 
A reminder that just before the ill-fated vote on March 25th, 2019, a bomb threat was issued towards Axel Voss.
Posted Report
DarkBrawlerCF1994

@CaptainXtra
 
That move, I reckon, made the activism look bad and sealed everything’s fate, maybe on top with the Christchurch shooting, too, but let’s not go down the conspiracy rabbit hole too much before we wind up as these QAnon loonies that believe in BS theories about Covid.
Posted Report
CaptainXtra

PUNCH A FASCIST!
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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