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Facts about Copyright Directive aka ACTA2

Apr 2nd, 2019
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  1. If you are wondering why the case of "Copyright Directive" was not covered well by the media, the answer is simple: the media were not objective, they actually were side of the whole legislation process. Media were lobbying actively for the "Copyright Directive", so how could you expect well balanced, objective opinion on that matter?
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  5. want to know more? join us on discrod:
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  9. https://discord.gg/2gBRhhc
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  16. Table of Content:
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  18. ARE WE AGAINST ARTISTS?
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  20. NEXT STEPS & WHAT YOU (STILL) COULD DO
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  22. Article 11 aka "linktax" EXPLAINED
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  24. Article 13 (17) aka "Upload filters" EXPLAINED
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  28. ARE WE AGAINST ARTISTS?
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  31. No. We are not trying to steal someone's else right to make a profit from their own work. We believe that artists should be given a fair compensation for their work. There is no disagreement on that.
  32. We also think that protecting artists and their work cannot be done on the expense of the millions of EU citizens. Our freedom, freedom of speech (in any form) should never be restricted for the "greater good".
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  34. NEXT STEPS & WHAT YOU (STILL) COULD DO
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  37. The final vote happened on 26th of March 2019. Does that mean it is all set? No!
  38. EU Council will be voting on the copyright directive. The voting is planned to happen on 15th of April 2019. Till then we have the right to contact our national governments, and let them know that we strongly oppose the Copyright Directive in its current form.
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  40. We need to contact the members of our national governments and express our opinion on the Copyright Directive. We can not sit doing nothing. The lobbyist have a great power, and a lot of money, easy access to media and to politicians, so the only hope we have is to have our voice heard as well.
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  42. If you want to get engaged this is what you could do:
  43. - write letters to politicians (not only your government, but others as well, as this will influence the life o the whole EU)
  44. - join us on discord:
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  46. https://discord.gg/2gBRhhc
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  51. Article 11 aka "linktax" EXPLAINED
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  55. - there were constant effort for almost 150 years to claim that news should be treated equally to artistic creation: https://twitter.com/asta_fish/status/1103606577045614594
  56. - Asta Helgadottir goes through the history of German press trying to get a priviledged position on the market: https://twitter.com/asta_fish/status/1102551306525384704
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  58. WHY IS ARTICLE 11 BAD FOR PUBLISHERS?
  59. - publishers are afraid that many platforms are stealing the work of their journalists. The problem is that article 11 doesn't solve the problem of voice assistants still being 100% allowed (by the law) to read the articles to the user (such an activity prevents original auther and employer from making profit by dispaying advertisements)
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  62. Article 13 (17) aka "Upload filters" EXPLAINED
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  65. - there is no mention of the "upload filters" in the text of the copyright directive. The problem is that complying to the spirit of the law will require to create (or buy) an automatic system that will take care of all the copyright infrigements.
  66. - according to: https://expandedramblings.com/index.php/youtube-statistics/ 400 hours of videos are being uploaded to YouTube alone every minut. Which makes 576,000 hours of videos uploaded every day. This is impossible to control via humans, due to the following facts:
  67. - YouTube will have to hire 72 000 people only to watch videos for 8 hours a day (without any break, and without taking any long action whatsoever)
  68. - one person watching videos should be capable of deciding if during each second or minute of the video there is no copyright infrgement (unauthorized song, part of another movie etc)
  69. - a single person would have to posses extremely deep knowledge of the particular field of culture, and someone (who?) would have to decide on assigning tasks to different people. On what premise?
  70. - the only possible way of controling such a huge flow of videos is to implement an automatic system that will take care of the whole process. Taking under consideration financial liability of the platform for each and every copyirght infigement, it is safe to say that these systems will be more restrictive than the law will require
  71. - Question arises: who will be resposible for compensating the lost revenue to the creators whose work is (temporaraily) unavailablue due to a false copyright claim?
  72. It is a know fact today, that it is very hard to appeal when it comes to the decision made by Facebook, Twitter or YouTube: some actions that their users are taking are 100% legal, but for some reason are not seen as "legal" by the platform themselves.
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  75. - There were many people viewing the argument between two sides in regards to copyirght directive as a battle of European companies (press, audio/video publishers, artists) vs US companies (Facebook, Google etc.). This is not actually true. Facebook has been secretely lobbyin FOR the Copyright Directive: https://boingboing.net/2019/01/24/quisling-zuckermonsters.html
  76. Facebook as well as Google already are capable of filtering user content.
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  78. - Some European tech Companies also lobbied FOR the directive: https://www.techdirt.com/articles/20190121/17024041437/there-was-heavy-tech-lobbying-article-13-company-hoping-to-sell-everyone-filters.shtml
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  82. - it will be applied to every entity which is older than 3 years. so small companies and startups will have to comply with it
  83. - non-profit, and small forums will also be affected by the article 13
  84. - non-profit groups that share fan-art will be affected, as the article 13 shifts the reponsibility of the non-commercial work towards the platform (so the platform becoms liable). What does that mean? If you want to create a cartoon with Mario character, and share it online (without making any profit from it) this may not be legal anymore.
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  86. - There were a lot of claims, that "upload filters" are not required by the directive, but as soon as the final vote in the EU parliament was over, the politicians started saying something different:
  87. - French Minister of Culture started promoting filters: https://www.techdirt.com/articles/20190327/17141241885/after-insisting-that-eu-copyright-directive-didnt-require-filters-france-immediately-starts-promoting-filters.shtml
  88. - EU Commisioner from Germany, Gunther Oettinger, warned EU national governments that any attempt to "water-down" the copyright directive is going to be punished:
  89. https://www.politico.eu/newsletter/brussels-playbook/politico-brussels-playbook-presented-by-google-not-brexit-day-oettinger-interview-did-vestager-kill-renzi/
  90. http://www.tellerreport.com/tech/--eu-copyright-reform--g%C3%BCnther-oettinger-warns-germany-against-lax-implementation-.SkWj4CjuV.html
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  92. it is not only the community, but also some well known personas and non-profit organizations raising issues that Copyright Directive may bring:
  93. - UN Rapporteur David Kaye speaks against EU copyright Article 13: https://dig.watch/updates/un-rapporteur-david-kaye-speaks-against-eu-copyright-article-13
  94. - Electronic Frontier Foundation: https://www.eff.org/pl/deeplinks/2019/03/eus-parliament-signs-disastrous-internet-law-what-happens-next
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