My speech to @Europarl_EN about tomorrow's copyright/#SaveYourInternet vote (Thread):
Dear colleagues— Copyright law is complex. When it comes to tomorrow's vote, you're getting a lot of mixed messages. Here's why:
The problems that @AxelVossMdEP and @EU_Commission want to solve are serious. But they are NOT caused by copyright law. Copyright law can't bring back lost newspaper subscriptions or lost ad revenues.
If that's the problem we want to solve, we need an Online Advertising Regulation – that's how tech companies actually make their money, how they put the independent press under pressure.
The truth is: News articles are already protected by copyright. If platforms use them without paying, they are already breaking the law. Adding an extra layer of protection won't change that.
Our alternative proposal (see juliareda.eu/2018/09/copyri…) will allow publishers to enforce that law without limiting the freedom to link. The #linktax, on the other hand, has been tried and failed before. Simply wishing it will work this time around is not a solution.
It's time that we turn the discussion from what we would really like the proposals to do, to what they will actually do:
If we make platforms directly liable for all their users' copyright infringement, they won't get a license from every single rightholder in the world. Even if they could find all of them, if only one refused to offer a license, a platform will have to deploy #uploadfilters.
@AxelVossMdEP and @JeanMarieCAVADA either deny that, or try to assure us that these filters will only block legal content. But simply wishing that automatic filters can do that is not going to make it true.
Until algorithms are smart enough to have a sense of humour, they won't know parody from copyright infringement – #uploadfilters will simply block everything.
If we want YouTube or Facebook to pay creators, let's write that into the law, like many alternative amendments from the left side of the house do. #Uploadfilters will just give them an excuse NOT to pay. Instead they will sell their filters to small European platforms.
The proposals may be well intended, but they suffer from a “reality gap”. We have to stick with what copyright law can do to support creators – without trying to bend it to solve other problems, and without threatening fundamental rights.
This is what my amendments do. They're not what Big Tech wants, and certainly not the @Piratenpartei position. They're originally by @EP_SingleMarket and the previous @EPPGroup rapporteur, and supported by Europe's leading independent copyright academics: create.ac.uk/blog/2018/09/1…
What Europeans expect from us is clear: No #UploadFilters. #SaveTheLink with no restrictions. If we fail to deliver that, we risk losing all the positive elements of the Copyright Directive that would really bring a benefit to creators.
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Article 13 vote: The European Parliament endorses #uploadfilters for all but the smallest sites and apps. Anything you want to publish will need to first be approved by these filters, perfectly legal content like parodies & memes will be caught in the crosshairs #SaveYourInternet
The new exclusive right for sports organizers approved by European Parliament by one vote. A catastrophe for sports fans, especially combined with #UploadFilters#SaveYourInternet
Final vote for Parliament position on the copyright directive with #UploadFilters and #LinkTax: adopted. Parliament has failed to listen to citizens’ and experts’ concerns. #SaveYourInternet
This new draft was sent at the last minute before tomorrow’s negotiation, ignoring all progress that had already been made on the previous text. Now ALL platforms with very few exceptions are liable for users’ copyright infringements. #CensorshipMachines#FixCopyright
Where the previous draft would have opened the possibility for platforms to cooperate with rightsholders in other ways than #CensorshipMachines, this version says they HAVE to use “technical measures”, in other words filters. #FixCopyright