Fwd: [FSFE PR][EN] Copyright Directive – EU safeguards Free Software at the last minute

Bernhard E. Reiter bernhard at fsfe.org
Thu Mar 28 16:41:46 UTC 2019


Am Donnerstag 28 März 2019 09:47:34 schrieb Christian Imhorst:
> in our last press release on the EU Copyright Directive

meanwhile we have updated the press release, because some passages
were not clear enough:


Press releases often have to be done under time pressure. As we all know this 
increased the chance of making mistakes and get oneselves missunderstood.

> "The exclusion of Free Software code hosting and sharing providers from
> this directive 

Is a sign that the people who were shaping the current EU directive
understood our arguments that Free Software development is important for 
Europe. They even understood that "non-commercial" is not enough to exclude 
platforms that help to collaborately develop and share code under Free 
Software licenses. This means that on this limited subject the FSFE is taken 
seriously as someone to talk to.

However we were not heard about the more general aspects about the directive,
especially not about the dangers of articles 11, 12 and 13 (old numbering). :/

> Other open source platforms, such as Mastodon instances, 
> have to install upload filters 

The directive always was about what is "shared" on the platforms, not how it 
is implemented. From what I've read it is unclear how this will be handled in 
legal practice. There maybe clear ways to construct something useful for 
peer-to-peer social networks, in any case it is getting harder not easier to 
compete with the major "sharing" platforms from the US, so it is a clear 
advantage to them.

> I urge the FSFE to argue *against* uploadfilters 

We always did, though if the legislation keeps standing as it is, 
- there is a tiny chance that it will be abolished in the Council of the EU -
I consider it valid to think how the bad effects of bad upload filters can be
reduced by less dangerous updates "filters". This debate may actually proof 
that it is not possible, however.


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