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EU sues Member States who refuse to bring in new copyright rules

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Re: EU sues Member States who refuse to bring in new copyright rules

#23
post #13
post #2

Bulgaria, Poland and Portugal voted for it. Maybe they should have voted against it in council.

There is a problem with any legislative process that begins with the executive obligating the country to adopt certain specific laws, and only then asks the legislature whether those certain specific laws should become the law of the land. I don't fully understand the logic of this kind of legislative process. If the EU can make it binding on member states to introduce a certain law, why not perform the entire proces…

Three groups passed this law

* The EU Commission (headed by commissioners appointed by the government of the members, 1 per member)

* The EU council (makde up of the heads of government of the members, 1 vote per member) - so sort of in line with US senate as originally enacted (where the state government chooses the senators)

* The EU parliament (voted directly by the population, broadly in line with the population, although smaller members get more MEPs per person) - so broadly in line with US congress

in the US, I believe states have to meet federal laws, they can't pass a law saying "murder is legal" or whatever. It's an imperfect system, but so is the US system.

Re: EU sues Member States who refuse to bring in new copyright rules

#25

So is it a good or a bad change?

The EU has effectively copied the DMCA, so no.

It's way worse than DMCA actually. With DMCA you can get takedown requests when one of your users uploads copyrighted works. Comply with the takedown requests in reasonable ways and you're fine.

The EU legislation means that platforms are liable beforehand.

Re: EU sues Member States who refuse to bring in new copyright rules

#26
post #16
post #12

Earlier quoted context omitted.

The countries, or their representatives in the EU parliament? Because local elections are separate from the EU ones, so it's entirely possible for their opinions on legislation to diverge.

The directive was approved by the European parliament and the Council of the EU. The Council of the EU is made up of the governments of the member states of the EU. Therefore, when one says "Portugal voted for the directive", one means "the government of Portugal voted for the directive in the Council of the EU". This was the wrong thing for Portugal (or indeed, any government) to do because no government can guarant…

My understanding in the US is that the Executive can sign international treaties, and those are not subject ot veto by the Legislative

> In recent decades, presidents have frequently entered the United States into international agreements without the advice and consent of the Senate. These are called "executive agreements." Though not brought before the Senate for approval, executive agreements are still binding on the parties under international law. [0]

An EU law is an international treaty. Can the Senate kick out the US president and refuse to agree to the treaty he signed?

[0] https://www.senate.gov/about/powers-procedures/treaties.htm

Re: EU sues Member States who refuse to bring in new copyright rules

#27
post #16
post #12

Earlier quoted context omitted.

The countries, or their representatives in the EU parliament? Because local elections are separate from the EU ones, so it's entirely possible for their opinions on legislation to diverge.

The directive was approved by the European parliament and the Council of the EU. The Council of the EU is made up of the governments of the member states of the EU. Therefore, when one says "Portugal voted for the directive", one means "the government of Portugal voted for the directive in the Council of the EU". This was the wrong thing for Portugal (or indeed, any government) to do because no government can guarant…

The government of the member states is not the parliament of the member states.

Also between the date something pass at EU level and during the delay to transfer directive governments changes, parliament electives can be reelected, etc.

Re: EU sues Member States who refuse to bring in new copyright rules

#28
post #14

Earlier quoted context omitted.

> It seems to be a process designed and intended to cause conflict and euroscepticism. Just like the EU itself, it's a compromise. Every member state wants to have its cake (economic benefits) and eat it, too (full sovereignty). That can't work because a deep economic integration is... surprise, surprise, a deep political and social integration. The EU Parliament is probably the only parliament in the world that I kn…

The US is very economically integrated with China. But it is not socially or politically integrated with China. Same could be said with US/Mexico, China/Taiwan, etc. The European Project sees social and political integration as ends themselves. It uses economic advantages as a way to convince voters to adopt policies that aren’t economically required.

The China/US link is frequently overestimated it’s only 14% of total US trade. China isn’t even the US’s largest trading partner, it’s 3rd after Canada and Mexico, with a small lead over the EU. Really though the top 4 spots are all fairly close to each other.

Re: EU sues Member States who refuse to bring in new copyright rules

#29
post #23
post #13

Earlier quoted context omitted.

There is a problem with any legislative process that begins with the executive obligating the country to adopt certain specific laws, and only then asks the legislature whether those certain specific laws should become the law of the land. I don't fully understand the logic of this kind of legislative process. If the EU can make it binding on member states to introduce a certain law, why not perform the entire proces…

Three groups passed this law * The EU Commission (headed by commissioners appointed by the government of the members, 1 per member) * The EU council (makde up of the heads of government of the members, 1 vote per member) - so sort of in line with US senate as originally enacted (where the state government chooses the senators) * The EU parliament (voted directly by the population, broadly in line with the population,…

> in the US, I believe states have to meet federal laws, they can't pass a law saying "murder is legal" or whatever. It's an imperfect system, but so is the US system.

Marijuana is illegal at the federal level yet many states have legalized it.

Re: EU sues Member States who refuse to bring in new copyright rules

#30
post #3

I mean, yes, that is what happens to Member States who don't bring in legislation relating to the EU competencies when passed. That's... y'know, the point.

Pretty much this. And it's not the first time this happens.

And it's usually not an issue of "we don't want to" (I don't remember if any country overwhelmingly voted against it) but more of legislative delays (kicking the can) and such.

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