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German law is relevant here because this is a translation of a law that is already on the books in Germany and Spain onto the EU level. The legal restriction of
by Kliment 8y ago
German law is relevant here because this is a translation of a law that is already on the books in Germany and Spain onto the EU level. The legal restriction of linking without license and using very short text snippets has been part of German law since 2013, and in fact was an initiative by the same political parties that introduced this. It has been through the German courts numerous times and the courts cannot agree on a reasonable interpretation because of how the law is written. So in a sense this is Germany and Spain exporting their local legislation to the EU level. The way the law works in Germany is very much relevant as it informed this proposal. The core concept of Leistungsschutz is to create a new form of copyright, that applies specifically to short snippets that were legal to use under the "normal" Urheberrecht laws.