News for hackers. Stuff that matters.
Re:EU approves internet copyright law, including ‘link tax’ ... by ericdykstra on Wednesday September 12, 2018 @07:44AM (#17967485)
UKIP and the Green Party joined forces to prevent Article 13 from getting rammed through without a public discussion. It was a good first step, but here we are, 2 months hence, and it was passed with virtually no amendments to the original text.

This is an abhorrent decision by people who have no idea how the internet works. Markus Meechum (aka Count Dankula) was at the hearings, and reported that MEPs voting on the issue could not, or refused to, explain why they supported the bill. You can see him discussing the result in the immediate aftermath here: https://www.youtube.com/watch?v=ISyiTcA6RIw

If you want a quick example of why this is bad take a look at fair use and YouTube. Article 13 would make YouTube liable for copyrighted content on its service.

Much of YouTube content is (perfectly legal) remixes, responses, or criticisms of other YouTube content that embeds part of the referenced video in their own video. There is more content uploaded to YouTube than can possibly all be manually reviewed. Aggressive automated content filtering to comply with Article 13 would mean that these videos would straight get filtered out.

Re:EU approves internet copyright law, including ‘link tax’ ... by Retr0spectrum on Wednesday September 12, 2018 @07:56AM (#17967571)
The likes of YouTube will be affected the least. They already have aggressive copyright enforcement measures in place, and they can afford to do that.

Smaller, more independent platforms will not be able to afford to implement compliance with these new regulations, and will potentially be driven out of business.

Re:EU approves internet copyright law, including ‘link tax’ ... by ericdykstra on Wednesday September 12, 2018 @08:10AM (#17967674)
YouTube, the company, will be fine. They'll just ban any content that triggers their enforcement systems. I'm worried about YouTube, the platform, and the bastion of free exchange of information and ideas that is has been until now. A response-type video or movie review will almost certainly be false-flagged by a system like this.

Of course, I agree with you that independent platforms are going to have a rough time. They either have to manually review all content themselves, not allow any user-uploaded content, or pay a company to do this for them.

Re:EU approves internet copyright law, including ‘link tax’ ... by AnssiH on Wednesday September 12, 2018 @01:13PM (#17970899)
I think at least the intent is to avoid smaller businesses being hit too much.

If the PDF (https://juliareda.eu/wp-content/uploads/2018/09/Copyright_Se...) posted elsewhere in this discussion is accurate, Article 13 paragraph 3 was amended:

> When defining best practices, special account shall be taken of fundamental rights, the use of exceptions and limitations as well as ensuring that the burden on SMEs remain appropriate and that automated blocking of content is avoided.

SMEs = Small and Medium-sized enterprises

Re:EU approves internet copyright law, including ‘link tax’ ... by snaky on Wednesday September 12, 2018 @09:39AM (#17968583)
The worse for YouTube the platform, the better for free, decentralized, federated competitor platforms like PeerTube.
Re:EU approves internet copyright law, including ‘link tax’ ... by vorticalbox on Wednesday September 12, 2018 @11:01AM (#17969451)
Except they have to comply with the law too.
Re:EU approves internet copyright law, including ‘link tax’ ... by kragen on Wednesday September 12, 2018 @12:35PM (#17970494)
Well, of course the law applies to them too. But what happens in the instances that they don't comply? Laws are enforced by incentive structures, such as punishment. Who gets punished or otherwise incentivized to make PeerTube comply with the law, and what effect will that have on the functioning of PeerTube?
Re:EU approves internet copyright law, including ‘link tax’ ... by AnthonyMouse on Wednesday September 12, 2018 @02:24PM (#17971566)
There are three main ways to do P2P content distribution. One is like BitTorrent, where you only host the content you yourself wanted. This has obvious privacy issues. Anyone can tell what you read/view based on what you host.

The second is you distribute content to random hosts, who don't even know what it is (so they can't associate it with whoever is downloading it). This solves the privacy problem and has adequate performance but it only works if you don't have bad laws that impose liability on people even if they aren't knowingly hosting something illegal. Otherwise the government can prosecute a couple of random innocent people and put enough fear into everyone else that they move back to Facebook.

The third is onion routing. Then it's hard to shut down specific hosts (you don't know who they are), but it's slow and if your laws are sufficiently bad it can be made illegal to use it at all even if you aren't doing anything wrong. At that point you go down the road into Tor Project vs. Chinese Firewall, but that's just a disgraceful way to have to operate your communities in a democracy. And for every bug an innocent person goes to prison.

Re:EU approves internet copyright law, including ‘link tax’ ... by zorkw4rg on Wednesday September 12, 2018 @05:09PM (#17973359)
Thats so depressing that we have to have serious discussions about technical countermeasures against our oppressive EU regime. Just because of some old ignorant evil assholes. Time to leave the EU I suppose.
Re:EU approves internet copyright law, including ‘link tax’ ... by gdfasfklshg4 on Thursday September 13, 2018 @04:01AM (#17976858)
If the solution were technical we would need a combination of 2 and 3. Distributed hidden services. Is this even possible?

The problem with technical solutions is basically Child Abuse Images. I am a big believer in freedom and privacy. I am also a big believer in protecting children. Many people understandably prefer protecting children to seemingly (to them) abstract concepts like freedom. Any technical solution needs a method to remove certain content - and as soon as such a method exists people will want to abuse it for political reasons.

The solution has to be political not technical - somehow we need a political situation where basic freedoms are respected. This can only exist as revisions to countrys' constitutions. Simple laws protecting freedom are too easy to overturn. And we can't carry on resisting re-heated versions of the same stupid law every two years.

Re:EU approves internet copyright law, including ‘link tax’ ... by AnthonyMouse on Thursday September 13, 2018 @01:11PM (#17980356)
> If the solution were technical we would need a combination of 2 and 3. Distributed hidden services. Is this even possible?

It is possible.

> The problem with technical solutions is basically Child Abuse Images.

This is a fake reason which is only used as a justification for censorship technologies. In practice it's better to allow distribution so that it happens in the open and new images can be discovered sooner and traced back to the perpetrators who created them. If you shut down a distribution network every time you find it then the only ones that exist are the ones you don't know about, which means you have no source of evidence to make cases against unknown active pedophiles.

The FBI had a successful campaign where they quietly seized a distribution server and then continued operating it so they could collect evidence and make cases against those using it. Naturally the headlines were "FBI distributes child pornography" rather than "FBI arrests many child pornographers" as though preventing distribution is somehow more important than arresting the creators and rescuing the children.

Re:EU approves internet copyright law, including ‘link tax’ ... by snaky on Wednesday September 12, 2018 @02:18PM (#17971502)
That's EU after all. They will mass punish everybody, then try to ban traffic.

> “Thousands of Swedes have received threatening letters from law firms which accuse them of illegal downloading. They are asked to pay a sum of money, ranging from a couple of thousand Swedish Kronors up to several thousand, to avoid being brought to justice,” Bahnhof Communicator Carolina Lindahl notes.

> “During 2018 the extortion business has increased dramatically. The numbers have already exceeded last year’s figures even though four months still remain.”

> This year to date, 49 separate court cases have been filed requesting ISPs to disclose the personal details of the account holders behind 35,711 IP-addresses. As the chart below shows, that’s already more than the two previous years combined.

> Also, the number of targeted people exceeds that of all US and Canadian file-sharing cases in 2018, which is quite extraordinary.

https://torrentfreak.com/more-than-35000-pirates-targeted-in...

Re:EU approves internet copyright law, including ‘link tax’ ... by smsm42 on Wednesday September 12, 2018 @04:44PM (#17973096)
No, that's not true. If the law mandated running content filtering system that costs $10M/year to run (in addition to any existing systems), then it'd be worse for YouTube, but they will survive. It would absolutely kill smaller providers dead.
Re:EU approves internet copyright law, including ‘link tax’ ... by snaky on Wednesday September 12, 2018 @05:13PM (#17973398)
Free, decentralized, federated competitor platforms are not small providers.
Re:EU approves internet copyright law, including ‘link tax’ ... by smsm42 on Wednesday September 12, 2018 @06:29PM (#17974080)
Unless by participating in free, decentralized, federated platform you expose yourself to legal liability for any content present on the network and passed through your node. In which case you probably can't afford it.
Re:EU approves internet copyright law, including ‘link tax’ ... by jolmg on Wednesday September 12, 2018 @11:06AM (#17969503)
... which would also have to comply.
Re:EU approves internet copyright law, including ‘link tax’ ... by geezerjay on Wednesday September 12, 2018 @01:31PM (#17971065)
> A response-type video or movie review will almost certainly be false-flagged by a system like this.

To be fair, that hypothetical problem is caused by a broken classifier and not the law. After all, youtube already blocks and removes content like you've described but no one is accusing the classifier of stiffling free speech.

Re:EU approves internet copyright law, including ‘link tax’ ... by jonathanstrange on Wednesday September 12, 2018 @09:09AM (#17968225)
What about distributed systems without central control? Will the new laws force them to introduce filtering into the software (which could e.g. be open source and forkable by anyone)? Or does this only apply to systems with a centralized repository?

I'm curious how this is supposed to work.

Re:EU approves internet copyright law, including ‘link tax’ ... by Natanael_L on Wednesday September 12, 2018 @11:11AM (#17969553)
Presumably anybody who runs a server / node would be liable
Re:EU approves internet copyright law, including ‘link tax’ ... by greglindahl on Wednesday September 12, 2018 @12:37PM (#17970511)
You can look up the legal actions related to Usenet to see an example of US State Attorneys General banding together to attack a distributed system because a few people were posting bad stuff on it.
Re:EU approves internet copyright law, including ‘link tax’ ... by betterunix2 on Thursday September 13, 2018 @11:40AM (#17979476)
"What about distributed systems without central control?"

The copyright industry and their bought-and-paid-for politicians have repeatedly demonstrated that they have no mental model for such forms of distribution. Have you forgotten the panic that ensued fifteen years ago, when the music industry was suing middle schoolers?

(The irony is that the very same platforms these industry lobbyists are whining about only became popular because they killed P2P via the courts.)

Re:EU approves internet copyright law, including ‘link tax’ ... by lossolo on Wednesday September 12, 2018 @01:22PM (#17970968)
This is wrong. Small and micro platforms are excluded from directive’s scope.

Source from legislation: In particular, small and micro enterprises as defined in Title I of the Annex to Commission Recommendation 2003/361/EC, should be expected to be subject to less burdensome obligations than larger service providers. Therefore, taking into account the state of the art and the availability of technologies and their costs, in specific cases it may not be proportionate to expect small and micro enterprises to apply preventive measures and that therefore in such cases these enterprises should only be expected to expeditiously remove specific unauthorised works and other subject matter upon notification by rightholders.

Re:EU approves internet copyright law, including ‘link tax’ ... by betterunix2 on Thursday September 13, 2018 @12:08PM (#17979697)
The problem is that the gap between such platforms and Youtube is enormous, and long before they are even remotely competitive they will be required to spend vast sums of money on compliance. A secondary effect will be a reduced willingness to invest in small-to-medium sized competitors due to the regulatory costs and the risks of non-compliance, further hampering growth.

Much as I hate to admit it, the biggest reason US tech companies have been so much more successful than European tech companies is that the US imposes far fewer regulations, which allows companies to use more of their revenue on growth.

Re:EU approves internet copyright law, including ‘link tax’ ... by kakarot on Wednesday September 12, 2018 @08:06AM (#17967635)
Yes, the Googles and Facebooks of the future will be affected the most.

This is consolidation of power, finally locking down the Free Internet just as we've done with every other industry. Stripping the power to change from the small.

And what are we doing about it?

Re:EU approves internet copyright law, including ‘link tax’ ... by sparkzilla on Wednesday September 12, 2018 @09:04AM (#17968177)
While I agree that regulation favours big companies, potential competitors will base themselves offshore, or create distributed apps that have no jurisdiction.
Re:EU approves internet copyright law, including ‘link tax’ ... by jonathanstrange on Wednesday September 12, 2018 @09:09AM (#17968230)
Both strategies have been tried and are unlikely to hold up in court.
Re:EU approves internet copyright law, including ‘link tax’ ... by sparkzilla on Wednesday September 12, 2018 @09:16AM (#17968305)
A bit challenging to sue a project when it has no owners and no jurisdiction.

PS: Jonathan Strange: Great books and even better TV.

Re:EU approves internet copyright law, including ‘link tax’ ... by mosselman on Wednesday September 12, 2018 @09:28AM (#17968452)
Nor customers/users.

The problem is that 'normal' people don't know how to use most distributed/encrypted/stick-it-to-the-man products, nor do they care.

Re:EU approves internet copyright law, including ‘link tax’ ... by sparkzilla on Wednesday September 12, 2018 @09:49AM (#17968710)
'Normal' people already use distributed content: Google and Facebook's content is held in data servers all across the planet. The next stage is to distribute the governance of that content, which similarly, most users won't be aware of.
Re:EU approves internet copyright law, including ‘link tax’ ... by kakarot on Wednesday September 12, 2018 @04:01PM (#17972630)
This is just a pedantic disagreement about what "distributed" means. It's all about context.
Re:EU approves internet copyright law, including ‘link tax’ ... by adrianN on Wednesday September 12, 2018 @03:34PM (#17972334)
Somebody has to host the content. You can sue those people. P2P filesharing works the same way. Normal people get unfriendly letters from lawyers.
Re:EU approves internet copyright law, including ‘link tax’ ... by sparkzilla on Wednesday September 12, 2018 @06:49PM (#17974215)
And yet people still download Torrents.
Re:EU approves internet copyright law, including ‘link tax’ ... by dingaling on Wednesday September 12, 2018 @11:15AM (#17969593)
> And what are we doing about it?

Make our own content and host it ourselves?

This type of law is only effective due to centralisation of Internet services. If everyone self-hosted and was accountable for their own content there would be no scope for such legislation. All HN would hold would be linked-lists of URLs, no actual comment content.

Imagine a decentralised, federated HN where each comment originated from its owner's site.

Re:EU approves internet copyright law, including ‘link tax’ ... by quanticle on Wednesday September 12, 2018 @11:31AM (#17969768)
>This type of law is only effective due to centralisation of Internet services.

This type of law encourages that very centralization. Look at the provisions of GDPR, for example. Do you think a two-person startup is going to have the resources to deal with all of its provisions? Or in this case: do you think that a new video-sharing startup is going to have the resources to deal with the more stringent copyright enforcement requirements?

The EU has, in effect, made a Faustian bargain with Google, Facebook and Twitter: if you accept our regulation, we'll ensure that you have no competitors.

Re:EU approves internet copyright law, including ‘link tax’ ... by groestl on Wednesday September 12, 2018 @01:47PM (#17971172)
> Look at the provisions of GDPR, for example. Do you think a two-person startup is going to have the resources to deal with all of its provisions?

GDPR is a bad example, because yes, that's definitely possible. And it should be, if that startup handles personal data.

Re:EU approves internet copyright law, including ‘link tax’ ... by AnthonyMouse on Wednesday September 12, 2018 @02:43PM (#17971736)
But what kind of startup doesn't handle personal data? All companies have that in the form of customer and supplier account information needed for billing purposes -- especially if they're not in the advertising business.
Re:EU approves internet copyright law, including ‘link tax’ ... by groestl on Wednesday September 12, 2018 @02:51PM (#17971830)
Absolutely, and that's kind of my point. Even a single person operation can comply with the GDPR, as most of the policies to do so should alreay be state-of-the-art for companies who handle personal data (in a non-malicous way). I agree there is some annoying administrative overhead, but it's definitely manageable (speaking from experience here).
Re:EU approves internet copyright law, including ‘link tax’ ... by AnthonyMouse on Wednesday September 12, 2018 @06:30PM (#17974083)
It can't be everything all at once. "They process personal data" is equivalent to "they exist" and the compliance cost is non-trivial (or what is everybody complaining about?). The only remaining option is that it's destroying a significant percentage of startups and creating a moat around incumbents.

The only argument you can make at that point is that it's worth the cost, but is it? The damage to privacy of having everyone's data in the hands of conglomerates that are no longer subject to competitive pressure has got to be worse than Mom and Pop occasionally mishandling the information of their two hundred customers. Just having the centralization at all is worse than anything that could happen to any given 0.5% subset of it, because every misuse or compromise is 200 times worse even if they only happen 10% as often.

Re:EU approves internet copyright law, including ‘link tax’ ... by groestl on Thursday September 13, 2018 @02:13AM (#17976423)
The operating part is "should already be state-of-the-art". The typical programmer already knows that personal data is sensitive and treats it that way. Maybe there are some adjustments here and there, or some oversights or things-that should-have-been-fixed-months ago. But most of what needs to be done has already been law in one form or another, so the programmer is trained to do it correctly. There are retention laws for tax data and business communication of 7 years and longer, which override the GDPR, so the startup will most likely be out of business before any deletion is required.

So what remains for the business part of the startup is to make sure the necessary contracts with all third parties are in place (the pressure-the-conglomerates-part), and to explain it to the users. This is annoying, but also not much worse than the typical legalese stuff the CEO has to deal with. The data privacy policy of a certain privacy activist reads, in essence: "We store only what we need, and delete it as soon as we can, as long as we are not required by law to store it for any longer." You don't even need a law degree for that, as you shouldn't, because the text should be readable for the end user.

> What is everybody complaining about?

I don't know, the GDPR is basically German data privacy law, and it hasn't stopped Berlin from becoming a startup center in Europe. I guess if you don't want to be GDPR compliant due to the effort that's fair, but you should know that there are much worse things ahead for a company.

However, if you are not _able_ to be GDPR compliant as a small organization, while many of your competitors are, you should absolutely not be entrusted with personal data.

Re:EU approves internet copyright law, including ‘link tax’ ... by AnthonyMouse on Thursday September 13, 2018 @12:36PM (#17979965)
> The operating part is "should already be state-of-the-art". The typical programmer already knows that personal data is sensitive and treats it that way.

The expense doesn't come from that. Even if you're doing the right thing in spirit, now you have to compare what you're doing to a complex regulatory framework. That's pure overhead that you pay even if you don't even have to change anything.

> This is annoying, but also not much worse than the typical legalese stuff the CEO has to deal with.

You're saying that this thing that harms small businesses and entrenches incumbents is like the other things that harm small businesses and entrench incumbents. But that's the problem. Each one you add is an incremental burden that moves the margin for how many startups you kill by another kilometer in the wrong direction.

> The data privacy policy of a certain privacy activist reads, in essence: "We store only what we need, and delete it as soon as we can, as long as we are not required by law to store it for any longer." You don't even need a law degree for that, as you shouldn't, because the text should be readable for the end user.

That is a very aspirational privacy policy that also happens to be very strict and trivial to violate unintentionally. And what are the consequences for not following your own very strict privacy policy?

This is why most of the big companies have one that says something to the effect of "we promise to use your data for things we want to do" but then have to be carefully crafted by lawyers to simultaneously minimize liability and hold up under scrutiny.

> I don't know, the GDPR is basically German data privacy law, and it hasn't stopped Berlin from becoming a startup center in Europe.

It's all relative. If Germany has a significant regulatory burden but Greece is a hotbed of corruption, Germany can still do better than Greece. But not as well as it could have done with less overhead.

> However, if you are not _able_ to be GDPR compliant as a small organization, while many of your competitors are, you should absolutely not be entrusted with personal data.

The pretense that complex regulations only cost you if you were previously doing something wrong is empirically false. The cost of complying with the regulation is in addition to the cost of doing the right thing and is still paid by everyone who was doing the right thing already. And it can be enough to destroy a company that was not actually mishandling data but merely had low operating margins.

Re:EU approves internet copyright law, including ‘link tax’ ... by groestl on Friday September 14, 2018 @01:26AM (#17984895)
I'm not arguing against any of that, including your statement that the GDPR might be the last drop to destroy a compliant-in-spirit company which has been surviving just so. I'm merely questioning the scale of the problem (based on my own experience implementing the GDPR in a low operating margin context) and their right to exist to begin with (based on my personal view on the sad necessity of data privacy regulation).
Re:EU approves internet copyright law, including ‘link tax’ ... by majewsky on Wednesday September 12, 2018 @07:55PM (#17974691)
Most of the rules in GDPR apply only to personally-identifiable information that is not strictly required for business operations. The law recognizes that, when you want to ship some goods to a customer, you will have to process and store their address, and no opt-in is needed because the customer explicitly gives that information to you.

Explicit opt-ins are only required when you record personally-identifiable information surreptitiously, or share these information with other parties.

Re:EU approves internet copyright law, including ‘link tax’ ... by AnthonyMouse on Wednesday September 12, 2018 @11:01PM (#17975623)
> Most of the rules in GDPR apply only to personally-identifiable information that is not strictly required for business operations.

I'm sure there are some provisions intended to help out smaller entities. But the compliance cost is the cost of understanding the legislation so you can comply with it. You still have to pay it even if it turns out not to apply at all -- because you can't know that until you go through all of it first.

Re:EU approves internet copyright law, including ‘link tax’ ... by CuriousSkeptic on Wednesday September 12, 2018 @03:50PM (#17972503)
It’s not without precedent though:

“copying restrictions were authorized by the Licensing of the Press Act 1662. These restrictions were enforced by the Stationers' Company, a guild of printers given the exclusive power to print—and the responsibility to censor—literary works”

https://en.m.wikipedia.org/wiki/Statute_of_Anne

Re:EU approves internet copyright law, including ‘link tax’ ... by Shaddox on Wednesday September 12, 2018 @08:15AM (#17967709)
I may be naive in saying this, but I believe the law is made with good intentions in mind. The real problem lies in the laws it relies on, namely the extremely stringent copyright laws and the weird fair use.

> Much of YouTube content is (perfectly legal) remixes, responses, or criticisms of other YouTube content that embeds part of the referenced video in their own video.

As weird as it sounds, you are wrong. In a short summary:

1. Fair use is a very small exception to some very broad rights.

2. Fair use almost definitely does not apply to most youtube content : if you use content other people made (video games or music immediately come to mind) you are infringing copyright holder rights.

3. If you rely on fair use rights, then you might find yourself in trouble.

What's even worse is that right holders can pick and choose who to bust, and they don't need to be consistent about it. So even if they rarely go after small groups, they can still shut down bigger ones.

I have a childhood friend who is now a copyright lawyer and I sometimes jokingly ask him whether something is copyright infringing. Other than yes, the most frequent answer I get is "I don't know, it depends. Both sides have arguments so ultimately it's down to the judge." It's just bad law. The only difference between then and now is that now we have the technology to actually enforce it.

Re:EU approves internet copyright law, including ‘link tax’ ... by ericdykstra on Wednesday September 12, 2018 @08:28AM (#17967828)
I don't believe this is true. Every legitimate YouTube fair use case that I've seen go to court has gone in favor of the fair user.

The biggest name one so far is the H3H3 trial.[1] One that looks to be settled soon is Akilah Hughes suing Carl Benjamin (Sargon of Akkad), where all that Benjamin does is edit together two of Hughes videos with the only original addition being a new title. This is almost certainly going to go in favor of Sargon, yet YouTube's algorithms turned up to the nth degree would almost certainly have blocked it.[2]

If you go outside of YouTube, fair use law in the United States is very broad. Just look at what Richard Prince does with others' art. [3]

edit: added links

1. http://www.bbc.co.uk/newsbeat/article/41037631/youtube-stars...

2. https://www.youtube.com/watch?v=6LMgGBDZbJY

3. https://www.theguardian.com/technology/2015/jul/18/instagram...

Re:EU approves internet copyright law, including ‘link tax’ ... by pbhjpbhj on Wednesday September 12, 2018 @08:44AM (#17967964)
Combining two videos in this way would be unlawful in the UK, where we have the very restricted "Fair Dealing" concessions, because downloading the videos in the first place is a tort[0].

Combining them is another, sharing them is another.

We basically have no concept of personal use in our copyright.

[0] if they were broadcast you can record but only for time-shifting, you can only watch once (alone!) and then are obliged to destroy the copy; you aren't allowed to format shift.

The lack of any remaining semblance of balance in copyright between the rights of the demos and media interests shows how badly distorted our Western democracies have become from representing the rights of people in general above the rights of the rich.

Re:EU approves internet copyright law, including ‘link tax’ ... by megous on Wednesday September 12, 2018 @09:02AM (#17968153)
Compare that to my country, where it's perfectly legal to download whatever music or movies you like from the internet for personal use, pirate websites or not. Also a western democracy. So it's not so bad everywhere.

Though a price for this is that we pay a special tax on every storage device we purchase.

Re:EU approves internet copyright law, including ‘link tax’ ... by anticensor on Wednesday September 12, 2018 @12:09PM (#17970199)
Turkey? We pay TRT license for all audiovisual capable equipment which is able to receive TRT content.
Re:EU approves internet copyright law, including ‘link tax’ ... by Gaelan on Wednesday September 12, 2018 @09:47AM (#17968685)
If you don’t mind, where is this?
Re:EU approves internet copyright law, including ‘link tax’ ... by thejenk on Wednesday September 12, 2018 @11:36AM (#17969832)
My mind jumped to Canada when I read the above comment, but really there are a number of countries that fit the mould. Most western countries have a special levy on blank media, including all EU member states except Luxembourg. I don't know which countries don't prohibit the downloading copyrighted material similarly to how they prohibit sharing that media, but Canada is one of them.
Re:EU approves internet copyright law, including ‘link tax’ ... by drdaeman on Wednesday September 12, 2018 @11:01AM (#17969450)
A special tax on storage devices and legal status for downloads matches Russia.

Not a western democracy, though.

Re:EU approves internet copyright law, including ‘link tax’ ... by seba_dos1 on Wednesday September 12, 2018 @10:29AM (#17969115)
It's like this in Poland for sure. You can't share, but can download. Doesn't apply to software of course due to its different licensing schema.
Re:EU approves internet copyright law, including ‘link tax’ ... by h91wka on Wednesday September 12, 2018 @11:06AM (#17969501)
That still makes torrenting illegal
Re:EU approves internet copyright law, including ‘link tax’ ... by megous on Thursday September 13, 2018 @11:54AM (#17979578)
Yes, but how would you prove how many copies of something someone shared?
Re:EU approves internet copyright law, including ‘link tax’ ... by Gaelan on Friday September 14, 2018 @02:10AM (#17985049)
Not if you just leech, right?
Re:EU approves internet copyright law, including ‘link tax’ ... by egman_ekki on Wednesday September 12, 2018 @10:16AM (#17968985)
Could be Czech republic or Slovakia.
Re:EU approves internet copyright law, including ‘link tax’ ... by megous on Thursday September 13, 2018 @11:50AM (#17979549)
Czech republic
Re:EU approves internet copyright law, including ‘link tax’ ... by paulie_a on Wednesday September 12, 2018 @08:54AM (#17968071)
Honestly the lack of balance with copyright law is why I simply ignore copyrights. They have become irrelevant to me.
Re:EU approves internet copyright law, including ‘link tax’ ... by quantum_magpie on Wednesday September 12, 2018 @09:13AM (#17968268)
Before this law, I would've retorted that it's not the Western democracies that are broken, just the US, and it's padawan, the UK. Now, however, I have to agree. Even the US-like fearmongering and terrorism of armed forces within EU cities is getting more prevalent lately.
Re:EU approves internet copyright law, including ‘link tax’ ... by gutnor on Wednesday September 12, 2018 @08:52AM (#17968061)
> The real problem lies in the laws it relies on, namely the extremely stringent copyright laws and the weird fair use.

Real problem is the negative incentive to be correct.

The rule penalise you harshly if you serve copyrighted content, but there is nothing if you decide to not serve non-copyrighted content and there is so much content on the internet, that "market pressure" simply isn't going to work. If you are a small publisher of free content, there is a huge risk for content platform to serve your content and no reward if they do.

And that's the best case scenario, where all actors have good intentions. But in the real world we know that large copyright holder are very often bulk claiming bulk content. There is no penalty, so that would be crazy for them no to do it.

The laws is also talking about terrorist content and the need to remove it within 1 hour or risk up to 4% turnover fine ! There is not going to be any manual check done within 1 hour, and anyway the risk is so great you may as well have a blanket no-question ask removal policy.

I fail to see the "good intentions in mind" you mention. MEP are some of the most successful politicians, they would be Olympic level is it was a sport. Their field of expertise is the people and public relation. I can believe they are naive with technology (like encryption or monitoring actual capabilities) but I can't accept they are candid about businesses or individual motivations. Any negative consequence of this law is there on purpose.

Re:EU approves internet copyright law, including ‘link tax’ ... by rocqua on Wednesday September 12, 2018 @09:04AM (#17968166)
> MEP are some of the most successful politicians, they would be Olympic level is it was a sport.

I don't think so. I think MEPs are much closer to members of a state-congress in the US than member of congress. With the equivalent of a member of the US congress being a member of some national parliament.

My criterium here is how fierce the campaign is to get elected. At the very least here in the Netherlands, the campaign for the European Parliament is nearly an afterthought in the news. It ranks far below the campaign for the German parliament, let alone our national parliament.

Re:EU approves internet copyright law, including ‘link tax’ ... by logifail on Wednesday September 12, 2018 @09:46AM (#17968663)
>> MEPs are much closer to members of a state-congress in the US than member of congress

What's the salary and expenses package like in a state congress?

"[..] expense payments of €4,416 per month are given to MEPs as a lump sum in addition to their regular pre-tax monthly salary of €8,611. They are not required to provide any proof of how the money is spent"

sources: http://www.europarl.europa.eu/meps/en/about-meps.html and https://www.politico.eu/article/european-parliament-corrupti...

Re:EU approves internet copyright law, including ‘link tax’ ... by rocqua on Thursday September 13, 2018 @08:07AM (#17977931)
To be Olympic-level says something about how well you compete, not how well you get compensated.

The fact that MEP compensation is so good, whilst public scrutiny on who gets seats is so lax is even worse.

Re:EU approves internet copyright law, including ‘link tax’ ... by lolc on Wednesday September 12, 2018 @09:38AM (#17968560)
To a first approximation there is no such thing as "non-copyrighted content" except for very old content. If you're the creator you already have to license your creation to the platform.
Re:EU approves internet copyright law, including ‘link tax’ ... by AnssiH on Wednesday September 12, 2018 @07:39PM (#17974579)
> you may as well have a blanket no-question ask removal policy

The directive (Article 13(2b)) requires the service providers to provide an "effective and expeditious" complaint mechanism for unjustified removals with human review, though.

Re:EU approves internet copyright law, including ‘link tax’ ... by dangerface on Wednesday September 12, 2018 @09:11AM (#17968245)
> I believe the law is made with good intentions in mind

I disagree, no other utility is blamed for the actions of its users, if I use an electric drill to hurt some one I am at fault not my electricity provider, but if I do something illegal on the internet like piracy its some how my internet providers fault?

I also don't like making excuses for policy makers who "don't understand the internet", its not the 90s, ignorance is no longer an excuse, these people know what the internet is, and they know exactly what they are doing.

Re:EU approves internet copyright law, including ‘link tax’ ... by Joeri on Wednesday September 12, 2018 @04:58PM (#17973258)
if I use an electric drill to hurt some one I am at fault not my electricity provider

The physical equivalent is more like you sending pirated dvd's through the mail to your entire neighborhood. The equivalent law would then require the post office to check all packages upon sending to verify that they contain only content which is not pirated, which for privacy reasons they do in an automated way that sometimes blocks the package with the family movie you're sending to your mom (because your daughter was wearing mickey mouse ears and the automated check thought it was a disney movie).

Oftentimes when you physicalize online legislation it becomes apparent just how invasive and silly it is.

Re:EU approves internet copyright law, including ‘link tax’ ... by Scarblac on Wednesday September 12, 2018 @08:34AM (#17967888)
Are you basing this on law in the EU? Because as far as I know, "fair use" is purely a US thing that doesn't even exist in the EU -- although specific countries may have laws that do somewhat similar things.
Re:EU approves internet copyright law, including ‘link tax’ ... by logifail on Wednesday September 12, 2018 @08:29AM (#17967837)
If rights-holders and/or YouTube had to pay a monetary penalty every time they screwed up (by taking down content that was fair use), perhaps it might level the playing field?
Re:EU approves internet copyright law, including ‘link tax’ ... by zaroth on Wednesday September 12, 2018 @08:23AM (#17967781)
Fair use (in the US) is actually designed to provide for the ability to comment on, or criticize another work. You can’t do that effectively without showing the subject matter you are discussing.

There are absolutely well defined “fair use” exceptions which a stringent filter will block.

> Other than yes, the most frequent answer I get is "I don't know, it depends.

This is the only answer a lawyer will basically ever give you.

Re:EU approves internet copyright law, including ‘link tax’ ... by LoSboccacc on Wednesday September 12, 2018 @09:34AM (#17968515)
> I believe the law is made with good intentions in mind

the first time around? _maybe_

after the enormous backslash and numerous expert opinion pieces decrying the exact problems of the proposal? _hardly_

Re:EU approves internet copyright law, including ‘link tax’ ... by int_19h on Wednesday September 12, 2018 @11:48PM (#17975838)
> I believe the law is made with good intentions in mind.

"He looked down at the broad steps they were climbing. They were something of a novelty; each one was built out of large stone letters. The one he was just stepping on to, for example, read: I Meant It For The Best. The next one was: I Thought You’d Like It. Eric was standing on: For the Sake of the Children. “Weird, isn’t it?” he said. “Why do it like this?” “I think they’re meant to be good intentions,” said Rincewind. This was a road to Hell, and demons were, after all, traditionalists. And, while they are of course irredeemably evil, they are not always bad. And so Rincewind stepped off We Are Equal Opportunity Employers and through a wall, which healed up behind him, and into the world."

Re:EU approves internet copyright law, including ‘link tax’ ... by simias on Wednesday September 12, 2018 @08:21AM (#17967765)
That's an interesting point. It's true that the issue wouldn't be quite as terrible if IP laws were more reasonable to begin with. We shouldn't have to wait for literal centuries before a work becomes public domain for instance.
Re:EU approves internet copyright law, including ‘link tax’ ... by PurpleBoxDragon on Wednesday September 12, 2018 @09:25AM (#17968409)
>I may be naive in saying this, but I believe the law is made with good intentions in mind.

I disagree. This law was made with the intention of being selectively enforced. This is never a good intention.

Re:EU approves internet copyright law, including ‘link tax’ ... by _pmf_ on Wednesday September 12, 2018 @08:29AM (#17967836)
Fair use has a much narrower definition in the EU, in addition to varying from country to country.
Re:EU approves internet copyright law, including ‘link tax’ ... by phkahler on Wednesday September 12, 2018 @09:04AM (#17968174)
>> 2. Fair use almost definitely does not apply to most youtube content : if you use content other people made (video games or music immediately come to mind) you are infringing copyright holder rights.

Have you read the YouTube terms for original content uploaded by individuals? I'm not so sure doing remixes isn't allowed. If you don't want people doing that to your stuff, keep it off YouTube. I could be wrong, it's been many years since I read their ToS.

Re:EU approves internet copyright law, including ‘link tax’ ... by morsma on Wednesday September 12, 2018 @09:08AM (#17968216)
"but I believe the law is made with good intentions in mind"

The road to hell is paved with good intentions...

Re:EU approves internet copyright law, including ‘link tax’ ... by briandear on Wednesday September 12, 2018 @08:48AM (#17968019)
Why force the platform to enforce? Shouldn’t the copyright owner be required to protect their own rights rather than having others do it for them?
Re:EU approves internet copyright law, including ‘link tax’ ... by rocqua on Wednesday September 12, 2018 @09:07AM (#17968204)
Copyright owners have successfully lobbied with the argument: "It is soooo much effort to go after each case, and these platforms make it so easy to infringe they are essentially complicit".

And now we are stuck with upload filters.

Re:EU approves internet copyright law, including ‘link tax’ ... by 14 on Wednesday September 12, 2018 @09:12AM (#17968259)
Just extending your thought farther, why have police then as well? Shouldn't an individual protect themselves? If I am stronger then you and you can't protect your rights does that mean I am now right by taking them away for myself? If everyone was required to protect their own rights things would get messy fast. I do look forward to the day, and I believe it will come, where companies and individuals will be handsomely fined for any false copyright claims.
Re:EU approves internet copyright law, including ‘link tax’ ... by buboard on Wednesday September 12, 2018 @10:08AM (#17968916)
There is no copyright police. People do defend themselves - they pay the police to do so and so do businesses. EU is not instituting a copyright police- it is asking internet media to set it up and pay for it.
Re:EU approves internet copyright law, including ‘link tax’ ... by linuxftw on Wednesday September 12, 2018 @03:53PM (#17972534)
> This is an abhorrent decision by people who have no idea how the internet works.

Same sad song as it ever was. Keep giving more control to the government and they'll keep ratcheting down the screws on you.

An economic union should be about tariffs and the free movement of goods, not an entirely unelected bureaucratic federal government. Centralizing authority only benefits the well connected political class.

Re:EU approves internet copyright law, including ‘link tax’ ... by Joeri on Wednesday September 12, 2018 @04:35PM (#17973011)
An economic union should be about tariffs and the free movement of goods, not an entirely unelected bureaucratic federal government.

The vote that occurred today was by the EU parliament, which is entirely elected. The directive was prepared inside the JURI committee, which also exists entirely out of elected representatives.

Also, you can't have a single digital market without a single copyright regime. The economic union implies the single market which implies a single copyright directive. I agree that the contents of that directive is lamentable, but the need for one is clear, even for those opposing this particular directive, provided you buy into the notion that single markets should exist at all.

Re:EU approves internet copyright law, including ‘link tax’ ... by adrianratnapala on Wednesday September 12, 2018 @06:57PM (#17974266)
> Also, you can't have a single digital market without a single copyright regime. The economic union implies the single market which implies a single copyright directive.

Why?

Re:EU approves internet copyright law, including ‘link tax’ ... by majewsky on Wednesday September 12, 2018 @07:58PM (#17974711)
It's sort of like arbitrage: https://en.wikipedia.org/wiki/Arbitrage

If, for instance, the left side of your single digital market has a copyright duration of 70 years after the death of the artist, and the right side has 90 years instead, then in effect, it's 70 years even on the right side because anyone can just go to the left side, trade copies of the expired works without paying licensing fees, then come back to the right side with those copies (because it's a single market).

So in effect, the regulation of the whole market is the weakest regulation of any part of it.

Re:EU approves internet copyright law, including ‘link tax’ ... by linuxftw on Wednesday September 12, 2018 @05:25PM (#17973533)
I don't believe in copyright or patents, those are solely institutions of the government and primarily tools of the well connected political class.
Re:EU approves internet copyright law, including ‘link tax’ ... by sieabah on Wednesday September 12, 2018 @05:16PM (#17973432)
> Keep giving more control to the government and they'll keep ratcheting down the screws on you.

It's amazing that people never see this issue. Everyone needs to stop making bigger and bigger governments.

Re:EU approves internet copyright law, including ‘link tax’ ... by linuxftw on Wednesday September 12, 2018 @05:31PM (#17973583)
I find many can't separate the idea of government and society. Government should serve society, not control it. Every societal issue is not in the purview of the government.
Re:EU approves internet copyright law, including ‘link tax’ ... by sixstringtheory on Wednesday September 12, 2018 @04:38PM (#17973045)
I agree with your sentiments, but couldn’t one argue that this is in fact an issue regarding goods/services/trade/economy? It’s not clear to me what would set this apart, just looking for more clarification.
Re:EU approves internet copyright law, including ‘link tax’ ... by linuxftw on Wednesday September 12, 2018 @05:29PM (#17973564)
Sure, but the only way to argue that is the premise that the the power of the government is unending and can grant itself more power as it sees fit.

Give the government power to take away your rights, that's indeed what it will do.

Re:EU approves internet copyright law, including ‘link tax’ ... by skookumchuck on Wednesday September 12, 2018 @06:25PM (#17974038)
Most people seem to think we are just one more law away from creating Utopia.
Re:EU approves internet copyright law, including ‘link tax’ ... by AriaMinaei on Wednesday September 12, 2018 @09:39AM (#17968579)
The 'against' camp is badly misunderstood. We're taken for pirates. And not the good kind! Example of a tweet chat with Howard Goodall: https://twitter.com/ariaminaei/status/1039856894893010945
Re:EU approves internet copyright law, including ‘link tax’ ... by buboard on Wednesday September 12, 2018 @07:55AM (#17967560)
I think they know how the internet works, but they want to change it
Re:EU approves internet copyright law, including ‘link tax’ ... by loa-in-backup on Wednesday September 12, 2018 @08:05AM (#17967629)
I think it's going to work like jaywalking - it's illegal, but I've done it, and it's fine as long as it doesn't cause a bigger issue, and as long as enforcer isn't overzealous. It's true though, that it's a weapon waiting to be used for political reasons, and the perspective of that happening is no good for anybody.
Re:EU approves internet copyright law, including ‘link tax’ ... by buboard on Wednesday September 12, 2018 @08:05AM (#17967633)
No individuals or companies can gain money from suing you for jaywalking. This is different.
Re:EU approves internet copyright law, including ‘link tax’ ... by laumars on Wednesday September 12, 2018 @08:28AM (#17967829)
Yes, the OP did also state that point as well. The comparison was just to illustrate that this law is unenforceable at large scale so people might just disregard it. The danger is, as he and yourself have both stated, you then have a situation where the law becomes a weapon to be abused rather than legislation to safeguard businesses or consumer interest.
Re:EU approves internet copyright law, including ‘link tax’ ... by int_19h on Wednesday September 12, 2018 @11:50PM (#17975850)
Unfortunately, it's quite enforceable. That's the whole point of this legislation - it goes after those entities that it can be enforced against (businesses), forcing them to turn around and enforce it against the smaller fish in their domain.
Re:EU approves internet copyright law, including ‘link tax’ ... by laumars on Thursday September 13, 2018 @02:05AM (#17976408)
You're missing the point being made. We are not saying "it cannot be enforced, period". What we are saying "you cannot police every single website on the internet." Thus what will happen is this law will be used as a weapon to target sites that publish reviews that paint a particular product in a bad light, or user contribution sites that compete with big social networks. Or even, in the worst case scenario, forums which are critical of a particular government party.*

A law like this can and likely will be selectively enforced since it will be impossible to police every single independent thought published on the internet.

* I appreciate those points may not be in breach of the new legislation per se. But there is a pretty good chance that some content on sites of those style would be in breach. So it's a little like police using a broken tail light as an excuse to stop and search a car.

Re:EU approves internet copyright law, including ‘link tax’ ... by betterunix2 on Thursday September 13, 2018 @11:58AM (#17979613)
You cannot police every website on the Internet, but you certainly can scrap the Internet. It is easy to forget how much regulation surrounds the physical infrastructure of the Internet and how easily the government could just shut it all down. A key property of the Internet is that there is a single public IP address space; there is no technical reason why the address space could not be divided into "client" and "server" addresses, with only "servers" being allowed to host applications, and we are already halfway there with NAT (IPv6 does not help either, as it could easily be fragmented and we already have things like ULA). It would be easy to require a special license to receive a "server IP address" and I can see the EU doing exactly that based on their recent pattern of behavior.

Europe has a long history of doing such things when confronted with new, disruptive technologies: the effort to license printing presses in various European countries is what eventually led to copyright law as we know it today.

Re:EU approves internet copyright law, including ‘link tax’ ... by laumars on Friday September 14, 2018 @03:33AM (#17985381)
The copyright law introduced during the invention of the printing press is nothing like the copyright law we know today.

Back then ideas were still believed to be free so the point of copyright law was just a short term reward for the author. A bit like how patents are supposed to work.

I would normally post some citations here (like a famous quote about copyright from one of the British monarchs) but on phone about to drop kids off at school so apologies there.

Re:EU approves internet copyright law, including ‘link tax’ ... by int_19h on Thursday September 13, 2018 @07:00PM (#17983458)
You don't need to police every comment. You just need to randomly poke at things, and make an example of anyone who lets something slip thru. Then individual businesses are going to be scared into policing their specific turfs. And when it's decentralized like that, it's quite possible to police every single website on the Internet (or at least on your section of it).
Re:EU approves internet copyright law, including ‘link tax’ ... by laumars on Friday September 14, 2018 @02:58AM (#17985214)
That clearly hasn't worked policing other content on the web, like piracy sites.
Re:EU approves internet copyright law, including ‘link tax’ ... by int_19h on Monday September 17, 2018 @12:48AM (#18003273)
Why do you think so? The question isn't whether sites distributing pirated stuff exist - the question is, how many more would have existed if not for policing, and how many people would have used them that are deterred under the existing regime.
Re:EU approves internet copyright law, including ‘link tax’ ... by laumars on Wednesday September 19, 2018 @05:18AM (#18022932)
Effective policing generally doesn't mean that people can just flout the law whenever they want. That would suggest to me that particular law cannot be effectively policed. However I'm willing to concede that "effective" is a subjective term so we could both argue our points are correct.
Re:EU approves internet copyright law, including ‘link tax’ ... by caf on Wednesday September 12, 2018 @08:01PM (#17974721)
Funnily enough, jaywalking laws originated due to lobbying by the car industry.
Re:EU approves internet copyright law, including ‘link tax’ ... by chatmasta on Wednesday September 12, 2018 @08:10AM (#17967669)
I think this is spot-on. Laws like this are inherently unenforceable at a global scale, and therefore are selectively enforced. The enforcement agencies have limited resources and therefore will focus on politically strategic targets. This is a political weapon.

Unfortunately, the downstream effects will hurt everyone else.

Re:EU approves internet copyright law, including ‘link tax’ ... by teget on Wednesday September 12, 2018 @09:52AM (#17968739)
No enforcement agency is required to enforce this law. Rightholders will sue non-filtering platforms over potentional lost sales due to their "wilful negligence". And if the offending platform has any business in Germany (or another country with similar laws) this will be a gold mine for any law business issuing cease and desist letters in the name of competing plattforms.
Re:EU approves internet copyright law, including ‘link tax’ ... by PurpleBoxDragon on Wednesday September 12, 2018 @09:59AM (#17968819)
And as long as you aren't of the wrong demographic. Laws that are selectively enforced allow racism and sexism to flourish among the police. In consistent enforcement of a law should be a valid defense of violating the law, and a very cheap one to employ.
Re:EU approves internet copyright law, including ‘link tax’ ... by chrisweekly on Wednesday September 12, 2018 @08:29AM (#17967838)
perspective -> prospect :)
Re:EU approves internet copyright law, including ‘link tax’ ... by servs on Wednesday September 12, 2018 @08:17AM (#17967726)
> Much of YouTube content is (perfectly legal) remixes, responses, or criticisms of other YouTube content that embeds part of the referenced video in their own video.

That actually isn't legal in many countries and is e.g. why regional wikipedia sites don't show movie posters.

Re:EU approves internet copyright law, including ‘link tax’ ... by MoBattah on Wednesday September 12, 2018 @01:10PM (#17970874)
This is just plain stupidity.

Sometimes I feel like the whole world is ruined by ignorant people in power. As for the Internet, it is exclusively being ruined by ignorant actors in positions of state power. All the while, armies of good people make the Internet better every day.

Re:EU approves internet copyright law, including ‘link tax’ ... by phkahler on Wednesday September 12, 2018 @09:02AM (#17968144)
>> If you want a quick example of why this is bad take a look at fair use and YouTube. Article 13 would make YouTube liable for copyrighted content on its service.

What exactly is wrong with that? Seriously.

Re:EU approves internet copyright law, including ‘link tax’ ... by virmundi on Wednesday September 12, 2018 @10:01AM (#17968842)
This can have a chilling affect on content creation, and thus the dissemination of ideas. YouTube will have to create a filter that covers their liability. They might be able to automate, but it depends on the jurisdiction. For example, the US has fair use laws. A person may copy a segment of a copyrighted work to comment on it. There are territories in the EU where they can't. How does YouTube filter this?

If the new product was produced in the US and references material from the EU, should YouTube allow the content to go public? According this and GDPR, the EU has the ability to cross territorial boundaries. So YouTube now has to ban such a work in the US even though our legal system allows it.

Essentially, YouTube will have to create a new process where by all content must go past the censors, who are probably people and not machines. Otherwise YouTube will quickly die due to death by a thousand fines. So much for a free and open exchange of ideas.

Re:EU approves internet copyright law, including ‘link tax’ ... by geezerjay on Wednesday September 12, 2018 @01:07PM (#17970846)
> This can have a chilling affect on content creation, and thus the dissemination of ideas.

I'm not sure it's reasonable to conflate ripping off creators by enabling massive commercial use of unauthirized copies of their original content with actually creating something.

> YouTube will have to create a filter that covers their liability

I believe they already did that for some years now.

Re:EU approves internet copyright law, including ‘link tax’ ... by Nasrudith on Wednesday September 12, 2018 @01:38PM (#17971107)
Here is an analogy - imagine we crack down on theft at the source by massive fines for receiving stolen property. Sounds good? Try to sell anything secondhand then.

Nobody wants to engage in the secondhand market because of the massive liability. Sure you own it but can you prove it to their satisfaction? You could be lying and that is mo excuse on their part. You try to sell crafts you made yourself instead but nobody can be sure you didn't just steal them because you aren't a big name crafter. Big corporations can sell directly but small manufacturers and businesses are SOL. And worse yet this includes petitions and pamphlets too!

That is exactly what secondary liability does.

Re:EU approves internet copyright law, including ‘link tax’ ... by anigbrowl on Wednesday September 12, 2018 @07:51PM (#17974662)
Except this isn't backed up by empirical evidence, in reality flea markets and used good stores are widespread despite the existence of laws against trafficking in stolen goods. Just because you can imagine a bad outcome doesn't mean it's inevitable or even probable.
Re:EU approves internet copyright law, including ‘link tax’ ... by Nasrudith on Thursday September 13, 2018 @01:36PM (#17980593)
You missed the point - those laws have limits to secondary liability based on knowledge precisely because of that! At worst they just need to return stolen goods even if they paid for them. I am pointing out how draconian and stupid the law is. A law with similar strictness would destroy secondary markets.

This law requires websites to /know/ the copyright to be covered. And that is an impossible task if no false negatives are accepted. Old usenet pirates would use base64 strings to spread contents and there are countless ways to obfuscate to algorithms while remaining human recognizable. Which means to remain safe one needs to not even accept and display text input from users.

Copyright databases would be of no help here given both automatic copyright and the ease of dodging hashes. And a complete set would be massive and hillariously defeat the point by giving any implenter all of the media in the world.

Given that it is inevitable that it will have a bad outcome. Even if it is left to rot on the books it becomes a tool of tyranny via selective enforcement.

Re:EU approves internet copyright law, including ‘link tax’ ... by majewsky on Wednesday September 12, 2018 @08:09PM (#17974763)
> I'm not sure it's reasonable to conflate ripping off creators by enabling massive commercial use of unauthirized copies of their original content with actually creating something.

Here's an example: What about movie review channels like Wisecrack, Film Theorist, Cinema Sins, Filmjoy etc.? While discussing movies, they naturally have to show excerpts: short clips of the movie that relate to their explanations. Those guys are absolutely "creating something". And if anything, they're driving more people to watch those movies. A five-minute analysis of a movie is usually not a valid substitute for watching the actual movie.

I imagine that many of these channels will become unavailable in the EU in the near future. Time to get a US-based VPN.

Re:EU approves internet copyright law, including ‘link tax’ ... by Scarblac on Wednesday September 12, 2018 @03:44PM (#17972438)
And of course, say you negotiated a license with some other content creator that says you can use their work in yours.

How can YouTube check that?

Re:EU approves internet copyright law, including ‘link tax’ ... by sieabah on Wednesday September 12, 2018 @08:51PM (#17974975)
They can't and flag and take down your video until you prove it. The burden is on the uploader not the distributor. Which we know how Youtube is with that...
Re:EU approves internet copyright law, including ‘link tax’ ... by nemoniac on Wednesday September 12, 2018 @10:17AM (#17968994)
> This can have a chilling affect on content creation

It in no way prevents anyone from creating content and publishing it on their own website.

You make it sound like the youtubes of this world are necessary for content creation.

Re:EU approves internet copyright law, including ‘link tax’ ... by Skrillex on Wednesday September 12, 2018 @10:49AM (#17969321)
As many probably realize, the fact that "online videos" == Youtube for many members of the general public means that it is by far the number one source for both posting and watching videos online in a self-reinforcing loop. I think that it cannot be overstated how much the existence of platforms like that (e.g. video sharing websites, 2D art websites, music boards) drive non-professional creators to create, given the fact that for the first time, they can actually get an audience. So it is not so much that Youtube and similar platforms are necessary for content creation (which is a ridiculous claim that no one made), but that the absence of such platforms seems likely to result in the previous system where media was very rarely shared by the non-professionals.

If you are arguing that massive content consolidation platforms such as Youtube do not have a highly significant impact on content creators as a group though, then I do not know what to say to that.

Re:EU approves internet copyright law, including ‘link tax’ ... by tehbeard on Wednesday September 12, 2018 @11:17AM (#17969615)
You can sell your farm fresh strawberries in the backwoods of Alabama, doesn't mean you'll get any traffic that'll grow your business/platform/identity.
Re:EU approves internet copyright law, including ‘link tax’ ... by Natanael_L on Wednesday September 12, 2018 @11:37AM (#17969840)
You're forgetting that everybody are liable under a law like this. Including reddit, and hacker news itself
Re:EU approves internet copyright law, including ‘link tax’ ... by adventured on Wednesday September 12, 2018 @12:43PM (#17970592)
Not everybody, a small minority of the planet actually (the EU is a mere ~6.7% of the planet's population). The ideal solution if you're a US service like HN, is to ignore EU laws like this, as HN is governed by US law. For YouTube, it's a lot more difficult.

Put simply, if you're a US (or Australian, or Brazilian, or Japanese, etc) service: tell the EU to go fuck itself. US courts will laugh at their attempts to enforce EU law over US law.

Keep your servers in the US, if that's where you're located. If you have no need to do business in the EU, then you have almost nothing to worry about. The EU's reach largely stops at its borders unless you're operating in their jurisdiction.

For my service as a US operation, EU copyright law is meaningless. I'll continue to allow EU users to sign up, and entirely disregard EU law.

Ultimately the only way the EU can truly enforce their backwards policies against a global Internet, is to set up a Chinese firewall and hold EU persons as captives of that creeping authoritarianism.

Re:EU approves internet copyright law, including ‘link tax’ ... by hannasanarion on Wednesday September 12, 2018 @09:53AM (#17968759)
Read the next sentence. "even legal uses of copyrighted content"

In practice, this constitutes the abolition of the "fair use" doctrine on the internet.

Re:EU approves internet copyright law, including ‘link tax’ ... by pitaj on Wednesday September 12, 2018 @11:01AM (#17969454)
Beyond the chilling effect others have mentioned, it also adds a huge barrier to entry for any Youtube competitor
Re:EU approves internet copyright law, including ‘link tax’ ... by briandear on Wednesday September 12, 2018 @09:21AM (#17968360)
You're making the paper producer liable for what someone writes on it.
Re:EU approves internet copyright law, including ‘link tax’ ... by shady-lady on Wednesday September 12, 2018 @09:58AM (#17968799)
using your analogy, youtube would be the paper maker and most importantly, the newspaper that publishes those words.

rightly, they're going after the newspaper.

it's disingenuous to suggest youtube only makes tools for video content distribution whilst omitting the fact that they are the only consumers of those tools.

Re:EU approves internet copyright law, including ‘link tax’ ... by caf on Wednesday September 12, 2018 @08:36PM (#17974899)
Do you think that if I wrote a Letter to the Editor of the Times that included plagiarised content, that they could, should and would detect that prior to publishing?
Re:EU approves internet copyright law, including ‘link tax’ ... by mcintyre1994 on Wednesday September 12, 2018 @08:23AM (#17967784)
If those were the only interested parties against it in the UK then that doesn't bode well for us getting rid of it in a few years, even if we don't negotiate away our right to. Shame.
Re:EU approves internet copyright law, including ‘link tax’ ... by tynpeddler on Wednesday September 12, 2018 @03:12PM (#17972082)
So if ISP's are required to install monitoring software, what does that mean for HTTPS, or other end-to-end encryption schemes, that prevent the ISP from doing packet inspection?
Re:EU approves internet copyright law, including ‘link tax’ ... by GuB-42 on Thursday September 13, 2018 @08:43AM (#17978122)
Probably nothing.

This is just a guess but I don't think ISPs are expected to do any form of DPI. The most likely question they will have to answer is "who is this IP address assigned to?" and possibly "who communicated with that IP?". Neither require any form of packet inspection that goes beyond what is needed to perform routing.

Re:EU approves internet copyright law, including ‘link tax’ ... by lorenzobr on Wednesday September 12, 2018 @07:58AM (#17967574)
Yeah, it seems to me UKIP has good track record of things "getting rammed through without a public discussion" by now, like the 350 million for the NHS with Brexit.
Re:EU approves internet copyright law, including ‘link tax’ ... by gaius on Wednesday September 12, 2018 @08:12AM (#17967687)
Interestingly, Farage wasn’t actually a part of that, BoJo wouldn’t let him join the official Leave campaign. So you can blame UKIP for lots of things, but not the bus.
Re:EU approves internet copyright law, including ‘link tax’ ... by dtf on Wednesday September 12, 2018 @08:20AM (#17967756)
Correct. Boris owns the bus, Nigel owns the poster.

https://www.theguardian.com/politics/2016/jun/16/nigel-farag...

Re:EU approves internet copyright law, including ‘link tax’ ... by beaconstudios on Wednesday September 12, 2018 @08:22AM (#17967776)
> So you can blame UKIP for lots of things

Such as what? I hear UKIP demonised a lot, but I genuinely don't know of anything they've done that is bad that wasn't simply political disagreement (wanting to leave the EU) or talking about contentious issues in a clumsy and ham-fisted way (immigration).

Re:EU approves internet copyright law, including ‘link tax’ ... by pjc50 on Wednesday September 12, 2018 @08:32AM (#17967870)
Sufficient stupidity applied to contentious issues is a disaster. That's how we get measles outbreaks.

Failing to present a coherent, workable programme for how we'd leave the EU and at what cost is leading us to a situation where the government is doing civil contingency planning as if we were going to be hit by a hurricane rather than a self-inflicted disastrous choice.

Re:EU approves internet copyright law, including ‘link tax’ ... by beaconstudios on Wednesday September 12, 2018 @08:39AM (#17967928)
I'm in complete agreement, but I don't think the desire to leave is particularly contentious if it's backed by reasonable arguments (and Farage was always very keen on talking about why he didn't like the EU). The real problem comes in when we get to the point of "OK, we want to leave the EU" but immediately trigger the process without planning a strategy first. Especially with reluctant and un-aligned (May was a remainer) leadership in place.
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Re:EU approves internet copyright law, including ‘link tax’ ... by beaconstudios on Wednesday September 12, 2018 @08:59AM (#17968124)
Could you please outline some of yours?
Re:EU approves internet copyright law, including ‘link tax’ ... by gdfasfklshg4 on Thursday September 13, 2018 @03:51AM (#17976821)
To be fair to UKIP that was the Tories job. UKIP had ?one? MP and have never been near to government. The Tories called the referendum. They were in government. The Tories should have been ready to govern. They should have had plans in place.

Disclaimer I am a remainer and dislike UKIP as much as anyone.

Re:EU approves internet copyright law, including ‘link tax’ ... by lorenzobr on Wednesday September 12, 2018 @08:31AM (#17967865)
For a starter, "wanting to leave the EU" without having a clue of how to do it or proposing practical solutions is not the finest thing to do.

And also the entire immigration discussion was some bs considered the non-EU migration is been higher than EU one for decades https://fullfact.org/immigration/eu-migration-and-uk/

Re:EU approves internet copyright law, including ‘link tax’ ... by ericdykstra on Wednesday September 12, 2018 @08:41AM (#17967943)
I disagree, I think it's perfectly fine to want to leave the EU on principle. For example, the principle of not wanted to be ruled by unelected oligarchs who can pass laws like Article 13 which affect UK citizens.
Re:EU approves internet copyright law, including ‘link tax’ ... by pjc50 on Wednesday September 12, 2018 @08:52AM (#17968053)
Unelected oligarchs like the House of Lords? The UK has absolutely zero legs to stand on with regards to "unelected" or "undemocratic" arguments.

(For years I tried to be a "sensible Eurosceptic", but recent events have highlighted that the EU is a bastion of sanity compared to our current local politics)

Re:EU approves internet copyright law, including ‘link tax’ ... by pbhjpbhj on Wednesday September 12, 2018 @09:17AM (#17968320)
Because having politicians work directly in the Tory part to serve the interests only of their rich donors, their partners, and themselves is so much better than being ruled by elected representatives and those chosen by those representatives (whom you call oligarchs) in Europe?

Perhaps if we hadn't been fooling around trying to destroy the project for cooperation across Europe we could have taken part in making this new legislation better?

I guess it comes down to whether you're willing to accept peace and prosperity above less power for the Tories and a few wayward laws. As we get wayward laws already in the UK (we'd get Art.13 anyway if it serves media conglomerates interests), then it comes down to whether you want to buy back greater power for the Tories at a cost of greater UK poverty, and less international cooperation.

Re:EU approves internet copyright law, including ‘link tax’ ... by beaconstudios on Wednesday September 12, 2018 @09:46AM (#17968668)
your comment doesn't leave much room for nuance. You're just setting up a narrative of the Evil Tories who Eat Babies versus the Noble European Union and its Band of Merry Altruists. You must know that this absolutist duality is not an honest representation of reality.
Re:EU approves internet copyright law, including ‘link tax’ ... by gaius on Wednesday September 12, 2018 @09:54AM (#17968766)
You’re forgetting that Corbyn is a staunch Leaver, he opposed the EU his entire parliamentary career. That is a matter of public record. And most Leave voters were in traditional Labour areas and most Remainers were traditionally Tory voters.

So the “Tories” narrative just doesn’t add up.

Re:EU approves internet copyright law, including ‘link tax’ ... by lorenzobr on Wednesday September 12, 2018 @09:14AM (#17968284)
See, the problem is that here we don't need principles. We need real facts and real solutions.

Many - across Europe - want to leave the EU on principle. The UK is giving the perfect example to everyone that principle is not aligned with reality in this case.

Re:EU approves internet copyright law, including ‘link tax’ ... by rrcaptain on Wednesday September 12, 2018 @12:23PM (#17970341)
"Clumsy and ham-fisted way" is a weird way to say "white supremacists".
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Re:EU approves internet copyright law, including ‘link tax’ ... by beaconstudios on Wednesday September 12, 2018 @09:40AM (#17968588)
it's no mystery to me, but downvotes don't really bother me. The opportunity to engage in genuine cross-political discussion is worth the negligible cost to my ego.
Re:EU approves internet copyright law, including ‘link tax’ ... by pjc50 on Wednesday September 12, 2018 @08:36AM (#17967900)
> Markus Meechum (aka Count Dankula)

Do we really not have anyone better as a source than the Nazi dog guy? http://www.scotland-judiciary.org.uk/8/1962/PF-v-Mark-Meecha...

(Perhaps someone from Open Rights Group or EDRI?)

Re:EU approves internet copyright law, including ‘link tax’ ... by ericdykstra on Wednesday September 12, 2018 @08:44AM (#17967969)
He was the first one to report the decision on Twitter, and was literally livestreaming in that link I provided before the news was reported anywhere. I'm sorry that he's not on your approved list of people to report on this event.
Re:EU approves internet copyright law, including ‘link tax’ ... by briandear on Wednesday September 12, 2018 @08:59AM (#17968112)
Nazi Dog Guy is a perfect example of what’s wrong with the EU/Britain. He got in trouble for offending people. That is ridiculous that there are laws against offending people.