Posts

@CaptainXtra  
Understandable, then.  
(Though i was talking to a different user, not you.)

@Background Pony #2FBB  
Not an option I’d consider for a long time.

@DarkBrawlerCF1994  
Here’s something you could consider.

@DarkBrawlerCF1994  
here’s a question.

@DarkBrawlerCF1994  
But i definitely think it’s uplifting. But, still, we should still be concerned.

@DarkBrawlerCF1994  
Best you ask CaptainXtra.

Are these current developments somewhat uplifting or should they still be concerned about?

@Background Pony #2FBB  

 
Note: I say theoretically and/or likely because we don’t know if the ECJ agree with the Commission. I could be wrong.  
It’s also because i don’t expect France to re-adjust immediately, considering that it does take time. Same for the ECJ to order them to re-adjust.

@CaptainXtra  

 
Though it could theoretically and/or likely be possible that the ECJ might do that before the implementation. I mean, with Poland’s case happening in july, it could be theoretically and/or likely they’ll force France to re-adjust.

@CaptainXtra  
Figured it would be the case.

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.

@DarkBrawlerCF1994  
TBF, there’s sometimes those people that ruin it for you.
 
 
@DarkBrawlerCF1994  
See above post.
 
 
@DarkBrawlerCF1994  
Same.

@CaptainXtra  
Yeah.
 
 
@CaptainXtra  
Already predicting that this will be what Member states will look to.

@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.

@DarkBrawlerCF1994  
I remember hearing about that bomb threat.
 
That shit didn’t help at all.

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.

Commentary and critique do fall under Fair Use.
 
It remains to be seen what effects it’ll have on the porn.

@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?

That is a lot to take in, but any thoughts on these developments?

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.

@Background Pony #2FBB  
Huh, I’m not sure about that one either.

@CaptainXtra  

 
I thought it was gonna be july? Or is this a different judgment?

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. “

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  
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.