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EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

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Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#941
post #642

Earlier quoted context omitted.

I don't know the EU/EuroParl equivalents, but the UK still has a robust Judicial Review system. I would strongly argue that the UK has a longer history of independent judiciary, both capable of standing up to misguided legislation, as well as willing and enabled to do so, with the sense of purpose, clarity and finality, which [at least apparently, or perceptively] absent features are longstanding argument behind EU c…

In 2006, the Data Retention Directive got passed. [0] In July 2006 a legal challenge started. By 2014 the directive was ruled incompatible with the EU charter of fundamental rights. It took a while, but that's due to having to go through your own country's courts first for a referral to the ECJ. > I would strongly argue that the UK has a longer history of independent judiciary Yes. I could equally strongly argue that…

regarding your second statement, counter argument to my claimed argument:

Unfortunately I cannot disagree.

I certainly had a much longer history in mind, as well as being selective to begin with the start of the twentieth century, whereabouts the modern system of judicial thought appears to be becoming established, and largely healthy in the broad directions.

(For personal context, my father was born in 1907. Illegitimate, because his father, fearing debtor's prison caused by a profligate young business partner, shot himself, unknowing his wife, at 43, was with child, my father. Ensued flight from our locality, the social opprobrium literally excommunicating. Paperless, illegitimacy was illegitimacy, I will never know how my father, late but present, attended a good school on scholarship, the only document most people ever then could show, unavailable. He couldn't vote, until marriage and property ownership, conveyed superficial ascendancy to the class system. Outright property ownership was still necessary to vote, during his youth.

So, very generally, I think the animus of the judiciary, began to turn, during the years my father grew up. This was in wide canvas a positive effect caused by legislation. But legislation followed countless decisions that created a weight of case law leaving legislators little option but to relieve the courts of the eash of applications, and relieve parliament of increasing embarrassment the result also inadvertently of the suspension of the Houses during wartime. So then we arrive at the classical post war history of equality in the workplace and massive massively painful demographic adjustments that only died out, never were truly assuaged.

I believe that bu the nineteen sixties, the judiciary began to asset a collective sense of greater immediate responsibility. Not least a generation among them by this time ascended or even rocketing to on high, since no encumbents sat above them - although few officers, comparatively, died in the Great Ear, appetite for public service was greatly diminished by experience personal and emotional as well as utilitarian futility. If not life, then so much hope for life, was denuded from a generation whom we don't immediately suspect to be ear casualties. This, too, was (immediately post war, from 50 anyway) the time of great individualism in the Bar. Desire to speak forth, rather than sit in Review, appealed to heartbroken men. Counterintuitively, the common trenches of the first, spurred little individual cry - the nation was st home, almost all, the war a newspaper report of alien incomprehensibility. Counterintuitively, considering that total war, involving all able, promoted iconic, stereotypical, nonconformity and isolation self ideation of a supreme personal victory. My own pet take how individualism was acceptable in total war, arose from the beginning of the concept of universal sacrifice of workshops, farms and all for the effort, leading to a new search for identity. Thus"we're all in it together" did not resonate with the irony it probably should. Unfortunately, this set a dangerous precedent, of heroism and the diminution abstract, of collective costs of war, which mars our vision and sensibilities, today.

I can't fairly stud my comment with case examples, because without a thorough survey and definitions chosen after thorough triage, I will crudely sculpt citations and findings from insignificance into fractured lay icons, else omit the most emotionally charged decisions for completely over sensitive reasons; I should make a complete hash of tracing the notable cases in isograph landscaping for beneficial study of the landscape formed by the nation's elements in fullest force.

It is altogether too easy to speak of exceptional counsel the oratory and the skills of summary, and never know when you are reviewing the true seismic shifts of history.

But I will - I have been in undercurrent throughout my comment - guiding by the hidden valley of my argument, the reader of my thoughts towards my perception that the judiciary took a conscientious active role, forcibly I think, from the time of first post rationing government. So much was in flux, I don't think of party politics before about 1965. This is totally arbitrary on my part, no different from opening a dictionary close enough to the first letter of the sought word, to be convenient.

I offer a single reason behind judicial activism, as relatively speaking certain rulings arguably might be considered: cold war and specifically the outlawing of the Communist Party Of Great Britain. I think the acquittal of Jeremy Thorpe, for example, was intended to relieve others of the the danger of blackmail.

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#942
post #908

Earlier quoted context omitted.

> The only thing this will do is entrench massive players like Google and Facebook who already have these systems in place. Not exactly. Small and micro platforms are excluded from directive’s scope. 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 servic…

And how is an SME with 10 million annual turnover (that's not profit, that's revenue before all the expenses are taken out) ever going to build a competing platform to e.g. Google or Facebook? All this does is to put a token nod in place that we don't want to kill the SMEs outright but once they grow enough to be "dangerous", they better start paying or else. And if they can't, tough luck ...

> All this does is to put a token nod in place that we don't want to kill the SMEs outright but once they grow enough to be "dangerous", they better start paying or else. And if they can't, tough luck ...

No, this means that when you get over 10 mil euro, then you have enough money to pay for third party solution to content filtering. This costs couple of thousands a month and you are covered. You don't need to create your own ContentID platform to comply with the law.

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#943

>However, those backing these provisions say the arguments above are the result of scaremongering by big US tech companies, eager to keep control of the web’s biggest platforms. This is the most hilarious quote in the article. The only thing this will do is entrench massive players like Google and Facebook who already have these systems in place. I honestly cannot comprehend how anyone could support this law while ha…

It's simple, the EU wants it's own internet like China. No more filthy US internet with talk about free speech and fair use.

I'd upvote you, but my Verizon Ultra G5 Package does not allow for upvoting.

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#944

>However, those backing these provisions say the arguments above are the result of scaremongering by big US tech companies, eager to keep control of the web’s biggest platforms. This is the most hilarious quote in the article. The only thing this will do is entrench massive players like Google and Facebook who already have these systems in place. I honestly cannot comprehend how anyone could support this law while ha…

Does the link tax only apply to the interenet? what about scientific papers? are you required to pay when you reference other material?

In the summary of the original draft I read it was exempt. Haven't read the amended version but I suspect it still is in there somewhere.

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#946

Earlier quoted context omitted.

> I wonder how long until companies outside of Europe decide it's easier just to block all traffic from Europe in protest. Exactly this. I already hit error 451 when trying to read some local news in US when browsing from Europe (I don't remember name of the page now). This happened after GPDR came into effect. I can totally relate with companies who don't want to deal with legal mess related with GPDR and other nons…

European here. I can't view some major newspapers in the US such as the LA Times. Smallers ones like the Virginia Gazette and Daily Press are also verboten for me. Many US newspapers now redirect to tronc.com for a standard disclaimer. For example, the LA Times redirects to http://www.tronc.com/gdpr/latimes.com/ , which says this. Unfortunately, our website is currently unavailable in most European countries. We are…

This also happens to me. Evidently my FiOS IP looks European despite the fact that I live near NYC...

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#947
post #869
post #704

Earlier quoted context omitted.

How often you hear about people being prosecuted for falsely flagging content as offensive online? How often you hear about prosecutions about false copyright infringement notifications? The latter happens only very rarely in cases of blatant abuse, usually coupled with massive fraud and other crimes (never happens to automatic systems big IP holders use, they just write it off as innocent error in 100% of the cases)…

That happens under the DMCA, prosecution under existing EU law and the new art11 and art13 wouldn't change much. Notice&Takedown does allow me to review any requests unlike the DMCA and Art13 requires human review in case of disputes. To my knowledge I can ignore entities that send me lots of useless Notices about third party content without legal consequence, I could even get a restraining order.

> I could even get a restraining order

What? No you can’t. Is this entire thread disclaimed by your “sometimes I lie” line in your profile description?

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#948
post #849

Earlier quoted context omitted.

> it's that if you use any text of an article, including its title, you can be sued or made to sign a license. This seems a great place to use automated translation technology, but into the same language. Link to the news article, but rewrite it using a similar meaning, with different words. (I am an EU citizen and I think this is major overreach by the legislator who thinks they are saving the newspapers, but have n…

That is like claiming you can re-publish someone else's book if you translate it to Spanish or just replace all of the words with synonyms: you are creating a derivative work and are still using the original.

Not really. That is a huge differences.

Original title: Hurricane Florence’s Path: Winds of Category 2 Storm Hit Carolina Coast

Alternat title for the link: Hurricane Florence hit Carolina coat, category two

https://www.nytimes.com/2018/09/13/us/hurricane-florence-pat...

Would that really be the same as translating someone’s book? I’d argue that if I can’t do this then I can’t link at all (without paying a license) and that breaks the web. Which I realise is the argument against the legislstion, but I don’t think is the intent, albeit that the intent is shortsighted.

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#949
post #142

Earlier quoted context omitted.

And drop out of the EU market? That sounds insane.

I could be wrong but wouldn't the global versions still be accessible and capable of selling ads?

If you accept visitors from the EU, you have to abide by their laws. If you're exclusively based outside of the EU, you could just ignore the laws. But Google has offices inside the EU, so they can't.

Re: EU approves internet copyright law, including ‘link tax’ and ‘upload filter’

#950

Earlier quoted context omitted.

The stronger they push ridiculous laws like this the more it will force perfectly legitimate business to go underground. We will end up with all the problems of prohibition all over again. > is intended to give publishers and papers a way to make money when companies like Google link to their stories So Google should pay you when they send you more traffic? More traffic = more money. Most companies would be overjoyed…

> I wonder how long until companies outside of Europe decide it's easier just to block all traffic from Europe in protest. Exactly this. I already hit error 451 when trying to read some local news in US when browsing from Europe (I don't remember name of the page now). This happened after GPDR came into effect. I can totally relate with companies who don't want to deal with legal mess related with GPDR and other nons…

Ditto. I was in Europe for a month this summer, and a disturbingly large amount of pages were unavailable to me.
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