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Having read those articles, I struggle to understand how the interpretations of "link tax" and "automated filtering requirement" arose. Article 11 reiterates a
by BlackFly 8y ago
Having read those articles, I struggle to understand how the interpretations of "link tax" and "automated filtering requirement" arose.
Article 11 reiterates articles from directive 2001/29/EC which gives copyright holders sole discretion over reproduction in whole or part... but nothing that says a link is a reproduction. What am I missing? Maybe this forbids news aggregators from posting snippets of the articles, but hardly the titles.
Article 13 certainly requires content providers to do something. But only provides an example of what that might be: "Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate." It definitely doesn't say automatic, and given YouTube's propensity to generate harmful false positives without recourse, there might be an argument that manual content recognition is more effective. In any case the article just seems to require that content providers do something beyond waiting for takedown notices, which seems reasonable.
I am not a lawyer, so obviously I could be missing something subtle, but when I go read articles crying foul, they don't exactly help me understand what I am missing.