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Author Topic: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal  (Read 680 times)

Bowdon

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https://torrentfreak.com/eu-parliament-committee-votes-in-favor-of-piracy-upload-filter-proposal-180620/

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The EU's plans to modernize copyright law in Europe are moving ahead. The Legal Affairs Committee of the Parliament (JURI) just adopted several proposals, including the controversial "upload filters." Pirate Party MEP Julia Reda is disappointed but notes that the fight is not over yet.

Through a series of new proposals, the European Commission is working hard to modernize EU copyright law.

These plans have not been without controversy. In particular, Article 13 of the proposed Copyright Directive has been widely criticized as it would pressure online services to monitor and filter uploaded content.

The article states that online services are liable for any uploaded content unless they take “effective and proportionate” action to prevent copyright infringements, as identified by copyright holders.

That also includes preventing allegedly infringing files from being reuploaded, which implies some form of hash filtering and continuous monitoring of all user uploads.

Today, the Legal Affairs Committee of the Parliament (JURI) voted on the issue. With a 15 to 10 majority, the Article 13 proposal of Rapporteur Voss was adopted. This means that the plans move ahead in their current form, despite massive public outcry.

I've not been following the issue very closely. What are other peoples thoughts on this article 13 ? What will it mean for the ordinary internet user?
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Chrysalis

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #1 on: June 20, 2018, 06:30:29 PM »

I dont like this, we have this e.g. happening with youtube, where by copyright holders are allowed to flag videos for automatic removal without a court validating their claims of copyright infringement, there should be a court in the process to validate the claims, but the copyright holders want to bypass legal process and have things filtered just on their say so of it been infringement.

So this seems very similar to what already happens on youtube.

One thing that has always got on my nerves is e.g. copyright been used against lets play videos which now are much harder to find.

http://www.gamerlaw.co.uk/2013/a-legal-guide-to-lets-play-and-gaming-videos/

Supposedly someone uploading a video of themselves playing a game is breaching copyright.  However the copyright for a computer game is supposed to prevent unauthorised distribution of the game, not to prevent others from watching the game been played, so I see it as abuse of copyright law.  I personally think copyright laws need updating to be made far less wide ranging, to only protect specific scenarios and also to expire much much quicker, e.g. 2 years after content is released.  I also believe any takedown should require a judge to look over it and validate the claim, right now e.g. if you review a product negatively, a claimed copyright holder can issue an infringement notice and get that bad review taken of the internet, blatant abuse of the system.
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Weaver

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #2 on: June 20, 2018, 06:35:15 PM »

@what Chrys said. Fake justice and justice on the cheap.
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Ronski

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #3 on: June 26, 2018, 07:15:13 PM »

It's a whole lot worse than just uploads, if the below link is to be believed any website will need to scan whatever is posted for copyright breaches.

That means no more posting snippets from another site, even if linking to the original site - Bowdon, they're going to lock you up  ;)

http://www.bit-tech.net/news/tech/software/juri-approves-controversial-eu-copyright-Articles/1/

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Article 11, as per the final version of the proposal, discusses the implementation of a 'link tax' - the requirement that any site citing third-party materials do so in a way that adheres to the exemptions and restrictions of a total of 28 separate copyright laws or pays for a licence to use and link to the material; Article 13, meanwhile, requires any site which allows users to post text, sound, program code, still or moving images, or any other work which can be copyrighted to automatically scan all such uploads against a database of copyright works - a database which they will be required to pay to access.

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Chrysalis

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #4 on: July 03, 2018, 12:37:28 AM »

That article 11 is unworkable, as a result sites will ban uploads.

Why should owners of websites pay for the costs of copyright enforcement? How are these laws getting passed?
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banger

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #5 on: July 03, 2018, 01:28:35 AM »

Be interesting to hear Kitz perspective on this.
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Bowdon

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #6 on: July 03, 2018, 10:17:20 AM »

It is bad enough that ISP's are being made accountable for materials they don't host.

I wonder how sites like facebook, twitter and others will react to this. How can those sites continue if there becomes a link tax, as most of the stuff on those sites are linked from other sites.

This law seems designed to attack social sites.
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sevenlayermuddle

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #7 on: July 03, 2018, 11:43:18 AM »

I dont like this, we have this e.g. happening with youtube, where by copyright holders are allowed to flag videos for automatic removal without a court validating their claims of copyright infringement, there should be a court in the process to validate the claims, but the copyright holders want to bypass legal process and have things filtered just on their say so of it been infringement.

Isn’t that just similar to DMCA takedown process, as it implemented in US jurisdictions for some years now?

My understanding of the process...  A DMCA takedown notice is easy to file, but involves more than just “flagging” the content, it is a formal legal document, which requires a sworn statement of truth.    Lying on such a statement is a US Federal criminal offence with severe penalties.

I also understand... that the “accused” can just as easily defend his material with a counter notice, if he chooses to do so.  And if he does so the complainer can be in quite big trouble, as that is the point at which the courts may get involved.  If the complainant still wishes to pursue the accusation then he/she has to go to court, with obvious repercussions for lawyers and court fees.   If the complainant simply backs down, either because they lied or they are afraid of court costs, the accused may be able to sue for damages.  People who issue DMCA takedowns really do need to be careful, and they need to be right.

Don’t regard above as an accurate legal summary of DMCA, emphasise I am no expert and that is just my layman’s understanding.   But whilst I don’t usually welcome EU legislation, a European equivalent of DMCA takedown would in my view not be a bad thing at all.
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Weaver

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #8 on: July 03, 2018, 11:53:17 AM »

I think our Bowden et al should be fine because in the US at least I believe there is a an item int the law concerning ‘fair use’ and comment is included as fair use where a reasonably small extract of a copyrighted work is being quoted for this purpose. Whether there is a similar provision elsewhere is something I am unsure of.

I am very much in favour of copyright enforcement, but I suspect that it needs to be paid for by the public purse as part of enforcing the law.
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burakkucat

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #9 on: July 03, 2018, 06:52:26 PM »

The sooner that Europe stops meddling in this Nation's affairs, the better.
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sevenlayermuddle

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #10 on: July 03, 2018, 08:21:25 PM »

The sooner that Europe stops meddling in this Nation's affairs, the better.

I certainly won’t argue with that. :)
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Weaver

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #11 on: July 03, 2018, 09:08:26 PM »

I am in two minds about the issue, I wanted to have my cake and eat it. To have the best of both worlds. And what on earth do foreign countries have to do with copyright law enforcement in Britain? It is nothing to do with infra-european trade.
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Chrysalis

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #12 on: July 05, 2018, 05:02:12 PM »

Isn’t that just similar to DMCA takedown process, as it implemented in US jurisdictions for some years now?

My understanding of the process...  A DMCA takedown notice is easy to file, but involves more than just “flagging” the content, it is a formal legal document, which requires a sworn statement of truth.    Lying on such a statement is a US Federal criminal offence with severe penalties.

I also understand... that the “accused” can just as easily defend his material with a counter notice, if he chooses to do so.  And if he does so the complainer can be in quite big trouble, as that is the point at which the courts may get involved.  If the complainant still wishes to pursue the accusation then he/she has to go to court, with obvious repercussions for lawyers and court fees.   If the complainant simply backs down, either because they lied or they are afraid of court costs, the accused may be able to sue for damages.  People who issue DMCA takedowns really do need to be careful, and they need to be right.

Don’t regard above as an accurate legal summary of DMCA, emphasise I am no expert and that is just my layman’s understanding.   But whilst I don’t usually welcome EU legislation, a European equivalent of DMCA takedown would in my view not be a bad thing at all.


No isnt the same as a DMCA, its a far simpler process.

e.g. lying on a youtube copyright infringement report is not a federal offense.
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broadstairs

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #13 on: July 05, 2018, 05:07:50 PM »

Apparently this has NOT been voted through by MEPs so for now at least it will not happen. https://www.bbc.co.uk/news/technology-44712475

Stuart
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Bowdon

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Re: EU Parliament Committee Adopts Piracy 'Upload Filter' Proposal
« Reply #14 on: July 05, 2018, 05:11:37 PM »

https://www.theverge.com/2018/7/5/17535874/eu-copyright-law-article-11-13-rejected-first-vote

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The European Union has rejected controversial legislation intended to reform online copyright. 318 MEPs voted against the draft law, compared to 278 in favor. The legislation now returns to the drawing board, before being sent for a second vote in September.

The draft law, known as the Copyright Directive, was intended as a simple update to copyright for the internet age. But it attracted substantial criticism for the inclusion of two key provisions: Articles 11 and 13. The first, Article 11, was a “link tax” that would force online platforms like Facebook and Google to pay news organizations before linking to their stories; while the second, Article 13, proposed an “upload filter” that would have required all content uploaded online to be checked for copyright infringement.

I can't understand how 278 people still voted in favour of it!? This is an example of how distant some of these MEP's are from the reality of people living in the EU.
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