4 ms·

Create. Produce original content. Keep the copyright. Don't consume canned content.

by xorand 8y ago

hannasanarion 8y ago
Fair use exists. This law makes it illegal to use clips of a movie in critiquing it, or cut snippets of images to form a collage, or point to examples of art, film, and music in an educational setting. Copyright was never intended to be pervasive and absolute. Copyright is supposed to protect the commercial potential of the original work by keeping people from making copies that supplant the market for the original, ie, piracy. Content filters and link taxes are a bastardization of Copyright.
- Dahoon 8y ago
  No it does not. This is the GDPR discussion all over again. "This will kill the internet" and "All sites will be subscription only" etc. I'm not for the proposed law but it does not does not block fair use.
  - creato 8y ago
    > "This will kill the internet" In a small way, it kind of did, didn't it? I see people on reddit and hackernews constantly complaining how they can't access some random local news website in the US because they've chosen to simply not deal with GDPR.
  - adrianN 8y ago
    The law doesn't block fair use, but the only way for content platforms to be compliant is rampant overfiltering which will kill fair use.
    - xorand 8y ago
      >rampant overfiltering which will kill fair use True! However, according to the draft of the Article 13, this may happen in the case of providers "of an information society service whose main or one of the main purposes is to store and give the public access to a large amount of copyright protected works or other protected subject-matter uploaded by its users which it organises and promotes for profit-making purposes." [1] This is not an argument in favor of upload filters. Maybe we should push for legislation about the obligation to make any upload filter completely transparent (program source). [1] definition from the top of the document https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unofficial.pdf https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unoff...
      - _ph_ 8y ago
        It is impossible to write a program that distinguishes between legit and illegit uploads. Basically everything created in the last 90 years is copyrighted. Be it video, picture or writing. How should an upload filter identify an uploader als the legit copyright owner?
- xorand 8y ago
  I can't compute "educational setting" and "copyright" in the same comment.
- Brotkrumen 8y ago
  > This law makes it illegal to use clips of a movie in critiquing it, or cut snippets of images to form a collage, or point to examples of art, film, and music in an educational setting Not quite. This law makes it prohibitively expensive to host content like that. The effect is the same, but from a PR standpoint its a huge difference.
- isostatic 8y ago
  > This law makes it illegal to use clips of a movie in critiquing it, or cut snippets of images to form a collage, or point to examples of art, film, and music in an educational setting. Really? It specifically says it shall in no way affect legitimate uses Which specific part are you referring to which prevents this?
  - _ph_ 8y ago
    The law will effectively eliminate any content uploading. Whether it is 100% originally created by the uploader or containing copyrightes material, covered by fair use or not. As the platform owner carries the whole risk for damages, only a few large industrial platforms like youtube might survive. But only with extremely stringend upload filters which mean the end of any content containg possibly copyrighted material.
    - isostatic 8y ago
      Will I be able to, with this law 1) Go to linode and buy a VPS 2) Upload my own reviews of a movie (including scenes from the movie as appropiate) which are allowed under existing copyright law 3) Make those reviews available to everyone? My understanding is yes Will I be able to, with this law 1) Go to linode and buy a VPS 2) Allow others to upload their own reviews of a movie (including scenes from the movie as appropiate) 3) Allow me to review them to ensure that they are allowed under existing copyright law 4) Make those reviews available to everyone? My understanding is yes So I don't understand how "This law makes it illegal to use clips of a movie in critiquing it". It simply ensures that those breaking copyright law have the weight of the law upon them.
      - _ph_ 8y ago
        Your ability to self-host is not affected at all. But self-hosting is getting more and more rare as few people have the resources (both financial and time-wise) to set up their own site and administrate it. Also, it is much more difficult to be discovered when not on a site with large user count. So the first szenario is absolutely possible. The second szenario puts you at a huge risk. You would have to review every single submission to your site for copyrighted material. This means you can accept like 1 submission per day? And still you would have to make sure (and bear the whole financial risk if wrong), that the submission is completely legal. This might work in a very few specific szenarios, but you could not run a site like a photography forum. If users have the ability to upload content, starting with their writing but even more so when uploading photographs. There is simply no way for the site administrator to find out whether the uploader holds the copyrights to the uploaded photograph. If the uploader does not, you are liable for the copyright violation. In the end, even hacker news probably becomes unavailable in Europe. If a user would paste a newspaper article into a comment, hacker news could be sued for this copyright violation.
- xorand 8y ago
  "Providers of services such as not-for profit online encyclopedias, not-for profit educational and scientific repositories, open source software developing and sharing platforms, electronic communication service providers as defined in Directive 2018/1972 establishing the European Communications Code, online marketplaces and business-to business cloud services and cloud services which allow users to upload content for their own use shall not be considered online content sharing service providers within the meaning of this Directive." https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unofficial.pdf https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unoff...

Create. Produce original content. Keep the copyright. Don't consume canned content.

by xorand 8y ago

Create. Produce original content. Keep the copyright. Don't consume canned content.

Fair use exists. This law makes it illegal to use clips of a movie in critiquing it, or cut snippets of images to form a collage, or point to examples of art, film, and music in an educational setting. Copyright was never intended to be pervasive and absolute. Copyright is supposed to protect the commercial potential of the original work by keeping people from making copies that supplant the market for the original, ie, piracy. Content filters and link taxes are a bastardization of Copyright.

Dahoon 8y ago
No it does not. This is the GDPR discussion all over again. "This will kill the internet" and "All sites will be subscription only" etc. I'm not for the proposed law but it does not does not block fair use.
- creato 8y ago
  > "This will kill the internet" In a small way, it kind of did, didn't it? I see people on reddit and hackernews constantly complaining how they can't access some random local news website in the US because they've chosen to simply not deal with GDPR.
- adrianN 8y ago
  The law doesn't block fair use, but the only way for content platforms to be compliant is rampant overfiltering which will kill fair use.
  - xorand 8y ago
    >rampant overfiltering which will kill fair use True! However, according to the draft of the Article 13, this may happen in the case of providers "of an information society service whose main or one of the main purposes is to store and give the public access to a large amount of copyright protected works or other protected subject-matter uploaded by its users which it organises and promotes for profit-making purposes." [1] This is not an argument in favor of upload filters. Maybe we should push for legislation about the obligation to make any upload filter completely transparent (program source). [1] definition from the top of the document https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unofficial.pdf https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unoff...
    - _ph_ 8y ago
      It is impossible to write a program that distinguishes between legit and illegit uploads. Basically everything created in the last 90 years is copyrighted. Be it video, picture or writing. How should an upload filter identify an uploader als the legit copyright owner?
xorand 8y ago
I can't compute "educational setting" and "copyright" in the same comment.
Brotkrumen 8y ago
> This law makes it illegal to use clips of a movie in critiquing it, or cut snippets of images to form a collage, or point to examples of art, film, and music in an educational setting Not quite. This law makes it prohibitively expensive to host content like that. The effect is the same, but from a PR standpoint its a huge difference.
isostatic 8y ago
> This law makes it illegal to use clips of a movie in critiquing it, or cut snippets of images to form a collage, or point to examples of art, film, and music in an educational setting. Really? It specifically says it shall in no way affect legitimate uses Which specific part are you referring to which prevents this?
- _ph_ 8y ago
  The law will effectively eliminate any content uploading. Whether it is 100% originally created by the uploader or containing copyrightes material, covered by fair use or not. As the platform owner carries the whole risk for damages, only a few large industrial platforms like youtube might survive. But only with extremely stringend upload filters which mean the end of any content containg possibly copyrighted material.
  - isostatic 8y ago
    Will I be able to, with this law 1) Go to linode and buy a VPS 2) Upload my own reviews of a movie (including scenes from the movie as appropiate) which are allowed under existing copyright law 3) Make those reviews available to everyone? My understanding is yes Will I be able to, with this law 1) Go to linode and buy a VPS 2) Allow others to upload their own reviews of a movie (including scenes from the movie as appropiate) 3) Allow me to review them to ensure that they are allowed under existing copyright law 4) Make those reviews available to everyone? My understanding is yes So I don't understand how "This law makes it illegal to use clips of a movie in critiquing it". It simply ensures that those breaking copyright law have the weight of the law upon them.
    - _ph_ 8y ago
      Your ability to self-host is not affected at all. But self-hosting is getting more and more rare as few people have the resources (both financial and time-wise) to set up their own site and administrate it. Also, it is much more difficult to be discovered when not on a site with large user count. So the first szenario is absolutely possible. The second szenario puts you at a huge risk. You would have to review every single submission to your site for copyrighted material. This means you can accept like 1 submission per day? And still you would have to make sure (and bear the whole financial risk if wrong), that the submission is completely legal. This might work in a very few specific szenarios, but you could not run a site like a photography forum. If users have the ability to upload content, starting with their writing but even more so when uploading photographs. There is simply no way for the site administrator to find out whether the uploader holds the copyrights to the uploaded photograph. If the uploader does not, you are liable for the copyright violation. In the end, even hacker news probably becomes unavailable in Europe. If a user would paste a newspaper article into a comment, hacker news could be sued for this copyright violation.
xorand 8y ago
"Providers of services such as not-for profit online encyclopedias, not-for profit educational and scientific repositories, open source software developing and sharing platforms, electronic communication service providers as defined in Directive 2018/1972 establishing the European Communications Code, online marketplaces and business-to business cloud services and cloud services which allow users to upload content for their own use shall not be considered online content sharing service providers within the meaning of this Directive." https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unofficial.pdf https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unoff...