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Can the EU Survive Its Own Censorship?

Can the EU Survive Its Own Censorship?

The EU’s new, comprehensive new Copyright Directive passed the European Parliament ensuring the way we use the Internet will change in the future.

And not for the better.

The controversial parts are Articles 11 and 13, the “link tax” and the “upload filter” requirements. For a good run down of how terrible these new rules are look anywhere on the internet but this article at Gizmodo (who I hope doesn’t charge me a link tax for doing so!) will do. 

I would also watch this video from Dave Cullen, a resident of Ireland, i.e. the EU, as to what he thinks this means.

Dave makes a number of fantastic points about the ramifications of Articles 11 and 13 which I will not dispute. 

The arrogance and pig-headedness of EU MEPs to push this through without even listening to arguments for Amendments speaks volumes as to how much this legislation was bought and paid for.

And you know who was doing the buying. The same folks currently behind destroying Brexit — The Davos Crowd. I don’t want to put too fine a point on this now, since I’ve covered all this recently (here) and in the past (here ).

Controlling The Wire

But there are very valid reasons why this push for control of information flow from the EU is yet another example of their desperations to keep control of what I’ve in the past called The Wire:

In short, The Wire is the main conduit through which we communicate with each other. Even money is The Wire. What are prices if not information about what we are willing to part with our money in exchange for?
Without The Wire modern society fails. So, government can’t shut it down but neither can it allow unrestrained access to it.

 …click on the above link to read the rest of the article…

Yes, the EU’s New #CopyrightDirective is All About Filters

Yes, the EU’s New #CopyrightDirective is All About Filters

When the EU started planning its new Copyright Directive (the “Copyright in the Digital Single Market Directive”), a group of powerful entertainment industry lobbyists pushed a terrible idea: a mandate that all online platforms would have to create crowdsourced databases of “copyrighted materials” and then block users from posting anything that matched the contents of those databases.

At the time, we, along with academics and technologists explained why this would undermine the Internet, even as it would prove unworkable. The filters would be incredibly expensive to create, would erroneously block whole libraries worth of legitimate materials, allow libraries more worth of infringing materials to slip through, and would not be capable of sorting out “fair dealing” uses of copyrighted works from infringing ones.

The Commission nonetheless included it in their original draft. Two years later, after the European Parliament went back and forth on whether to keep the loosely described filters, with German MEP Axel Voss finally squeezing a narrow victory in his own committee, and an emergency vote of the whole Parliament. Now, after a lot of politicking and lobbying, Article 13 is potentially only a few weeks away from becoming officially an EU directive, controlling the internet access of more than 500,000,000 Europeans.

The proponents of Article 13 have a problem, though: filters don’t work, they cost a lot, they underblock, they overblock, they are ripe for abuse (basically, all the objections the Commission’s experts raised the first time around). So to keep Article 13 alive, they’ve spun, distorted and obfuscated its intention, and now they can be found in the halls of power, proclaiming to the politicians who’ll get the final vote that “Article 13 does not mean copyright filters.”

…click on the above link to read the rest of the article…

Don’t share this! EU’s new copyright law could kill the free internet

Don’t share this! EU’s new copyright law could kill the free internet

Don’t share this! EU’s new copyright law could kill the free internet
It’s basically a battle between billionaires Axel Springer SE and Google. But it is ordinary internet users who will fall victim to the EU’s new copyright law, which urgently needs modification.

It’s good to share. But the European Parliament clearly doesn’t think so. Its new copyright legislation, passed last week, clamps down quite severely on sharing things online. The dynamism of the internet is at threat. When Tim Berners-Lee, the creator of the World Wide Web, warns us of the dangers the new law poses, we should all sit up straight and pay attention.

For a start, the legislation shifts the responsibility for the uploading of copyright material to the internet platforms themselves. Beforehand it was the job of the companies who thought their copyright was infringed to do this. Many don’t bother, and are happy to see their material uploaded to sites like YouTube as they know it promotes an artist’s work and boosts sales. But all that is likely to change.

Under Article 13, platforms would have to install “upload filters”.YouTube could be shorn of much of its content. Big sites would probably survive but, as ZDNet warns here, smaller sites could easily be put out of business by “copyright trolls”.

Not that there’s anything wrong of course, with sensible protection of copyright. As a prolific five-articles-a-week writer and author I can’t tell you how frustrated and angry I feel when I see my work “pirated”by a commercial website which hasn’t even asked my permission to reprint it, let alone offer me  payment. Copyright law needs reform for the digital age. There needs to be an easy way for creators of content to receive payment from those who have stolen their work. The trouble is, the EU has used a sledgehammer to crack a nut.

…click on the above link to read the rest of the article…

New EU Copyright Law Could Force Online Platforms To Ban Memes Across Europe

A new law being just passed in European Parliament and in the process of becoming finalized has received scant media attention, but could be nothing short of revolutionary in terms of its lasting impact on the internet, political speech and discourse, and the potential for censorship. So far the EU is moving the law forward, but it has sparked fierce push back, as it looks likely that soon entirely legal content will be caught in the law’s dragnet. 

The law, in its full named called The European Union Directive on Copyright in the Digital Single Market, is intended to updated existing copyright laws for social media and the internet, but critics say it’s incredibly short sighted and creates more problems than it does solutions. At the heart of the law is Article 11, which as been dubbed the “link tax,” and Article 13, which is being called the “meme ban” due to the likely potential that internet memes could be banned across Europe.

Whereas so far the onus has been on artists and creators to flag copyright infringements, the new EU law requires platforms like YouTube, Google, Twitter, and Facebook to be responsible for copyright violations.

This means these large platforms which host immense amounts of constantly updated images, memes, and information could be forced to require users to pass all content through an “upload filter” first which would theoretically ensure copyrighted information doesn’t make it onto the platform.

This is where memes, which are most often created using existing official images of political figures, events, or cartoons, could be banned as they would likely be flagged by such upload filters. The intent of the law is to protect the copyrighted content of artists, photographers, companies, and individual content creators, but critics say it will change the internet and social media platforms as we known it.

…click on the above link to read the rest of the article…

Social Media vs the Constitution


Salvador Dali The burning giraffe 1937
Dali: “The only difference between immortal Greece and our era is Sigmund Freud who discovered that the human body, which in Greek times was merely neoplatonical, is now filled with secret drawers only to be opened through psychoanalysis.”
An ancient Latin saying goes: “Quod licet Iovi, non licet bovi” (what is permissible for Jupiter, is not for an ox). It feels very much on topic when social media are concerned. And as the heat over their censorship is turned up, it may well be the decisive factor.

Reuters reiterates today that on May 23, Manhattan US District Judge Naomi Reice Buchwald ruled that Donald Trump’ Twitter account is a public forum and blocking Twitter users for their views violates their right to free speech under the First Amendment. The same, says the ruling, applies to other government officials’ accounts.

On August 10, the Knight First Amendment Institute at Columbia University sent the Justice Department a list of 41 accounts that remained blocked. Since, at least 20 have been unblocked. Interestingly, the same Justice Department has stated that the ruling was “fundamentally misconceived” arguing Trump’s account “belongs to Donald Trump in his personal capacity and is subject to his personal control, not the control of the government.”

Potentially even more interesting is that “the Internet Association, a trade group that represents Twitter, Facebook Inc, Amazon.com, and Alphabet Inc, filed a brief in the case earlier this month that did not back Trump or the blocked users but urged the court to “limit its decision to the unique facts of this case so that its decision does not reach further than necessary or unintentionally disrupt the modern, innovative Internet.” “

…click on the above link to read the rest of the article…

All Rights Reserved: Now We Know the Final TTP is Everything We Feared

All Rights Reserved: Now We Know the Final TTP is Everything We Feared

Asia-Pacific Trade Deal

Friday’s release by Wikileaks of what is believed to be the current and essentially final version of the intellectual property (IP) chapter of the Trans-Pacific Partnership (TPP) confirms our worst fears about the agreement.

And it dashes the few hopes that we held out that its most onerous provisions wouldn’t survive to the end of the negotiations.

Since we now have the agreed text, we’ll be including some paragraph references that you can cross-reference for yourself – but be aware that some of them contain placeholders like ‘x’ that may change in the cleaned-up text.

Also, our analysis here is limited to the copyright and Internet-related provisions of the chapter, but analyses of the impacts of other parts of the chapter have been published by Wikileaks and others.

Binding rules for rights holders, soft guidelines for users

If you skim the chapter without knowing what you’re looking for, it may come across as being quite balanced, including references to the need for IP rules to further the “mutual advantage of producers and users” (QQ.A.X), to “facilitate the diffusion of information” (QQ.A.Z), and recognizing the “importance of a rich and accessible public domain” (QQ.B.x).

But that’s how it’s meant to look, and taking this at face value would be a big mistake. If you dig deeper, you’ll notice that all of the provisions that recognize the rights of the public are non-binding, whereas almost everything that benefits rightsholders is binding.

That paragraph on the public domain, for example, used to be much stronger in the first leaked draft, with specific obligations to identify, preserve and promote access to public domain material. All of that has now been lost in favor of a feeble, feel-good platitude that imposes no concrete obligations on the TPP parties whatsoever.

…click on the above link to read the rest of the article…

Agriculture Issues Just the Tip of the TPP Iceberg

Agriculture Issues Just the Tip of the TPP Iceberg

Trade deal could slam Canadians with rising consumer, health care and education costs

The Trans Pacific Partnership (TPP), a proposed trade agreement that encompasses nearly 40 per cent of world GDP, heads to Hawaii later this month for ministerial-level negotiations. According to media reports, this may be the final round of talks, with countries expected to address the remaining contentious issues with their “best offers” in the hope that an agreement can be reached. Canadian coverage of the TPP has centred primarily on U.S. demands for changes to longstanding agricultural market safeguards.

With a national election a few months away, the prospect of overhauling some of Canada’s biggest business sectors has politicians from all parties waffling on the agreement. Canadian International Trade Minister Ed Fast, who will lead the Canadian delegation, maintains that the government has not agreed to dismantle supply management protections and that it will only enter into an agreement if the deal is in the best interests of the country. The opposition parties are similarly hesitant to stake out positions on key issues, noting that they cannot judge the TPP until it is concluded and publicly released.

While the agricultural issues may dominate debate, it is only one unresolved issue of many. Indeed, the concerns associated with the agreement go far beyond the supply of products such as milk and chickens.

Meddles with copyright

First, a recently leaked version of the intellectual property chapter revealed that Canada would have to make significant changes to its copyright and patent rules. The TPP requires Canada to extend the term of copyright to life of the author plus an additional 70 years. The law is currently set at life of the author plus 50 years, which meets the international standard found in the Berne Convention.

 

 

…click on the above link to read the rest of the article…

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