Article 11 | KitGuru https://www.kitguru.net KitGuru.net - Tech News | Hardware News | Hardware Reviews | IOS | Mobile | Gaming | Graphics Cards Wed, 27 Mar 2019 14:09:46 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://www.kitguru.net/wp-content/uploads/2021/06/cropped-KITGURU-Light-Background-SQUARE2-32x32.png Article 11 | KitGuru https://www.kitguru.net 32 32 Swedish MEPs claim to have voted in favour of EU Copyright Directive by mistake https://www.kitguru.net/tech-news/featured-tech-news/damien-cox/swedish-meps-claim-to-have-voted-in-favour-of-eu-copyright-directive-by-mistake/ https://www.kitguru.net/tech-news/featured-tech-news/damien-cox/swedish-meps-claim-to-have-voted-in-favour-of-eu-copyright-directive-by-mistake/#respond Wed, 27 Mar 2019 14:09:46 +0000 https://www.kitguru.net/?p=408242 Yesterday, European Union member states voted to pass the new Copyright Directive by just five votes, seeing the implementation of controversial Articles 11 and 13, now known as Articles 15 and 17 respectively. Some members of the European Parliament (MEPs) are now claiming to have voted for the proposition by mistake as they simply wanted …

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Yesterday, European Union member states voted to pass the new Copyright Directive by just five votes, seeing the implementation of controversial Articles 11 and 13, now known as Articles 15 and 17 respectively. Some members of the European Parliament (MEPs) are now claiming to have voted for the proposition by mistake as they simply wanted to “open a debate.”

While most MEPs voted in favour of implementing some form of the Copyright Directive at 443 votes to 181, only 317 voted to keep the document exactly as it is while 312 wanted further amendments. This means that every vote counts more than ever in a result about as divisive as the UK’s choice to leave the European Union.

Sadly, MEPs from Sweden are now claiming that they pressed the wrong button and didn’t mean to support the passing of the bill as it stood. Before jumping to conclusions, it’s worth understanding just how confusing the terminology can be at times.

The initial vote was to reject the Copyright Directive as a whole, a motion that was ultimately rejected by the majority of downvotes. Due to this, the Swedish MEPs believed that the second vote was similarly to reject further amendments, which they voted in favour of. Unfortunately, the second vote actually pertained to the passing of the bill as a whole.

There are many instances where the European Union accepts notices to retroactively change a vote, but this does not seem to be one of those cases. Despite the MEPs filing to redact their submission, their votes will continue to stand, helping to implement some of the harshest copyright laws in the western world.

KitGuru Says: Politics and law have always had confusing terminologies, making it detrimental that politicians pay attention to what it is they are voting for. At the same time, the European Parliament could do with keeping some consistency when putting things up for debate.  

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European Parliament passes controversial Article 13 and Article 11 https://www.kitguru.net/tech-news/featured-tech-news/damien-cox/european-parliament-passes-controversial-article-13-and-article-11/ https://www.kitguru.net/tech-news/featured-tech-news/damien-cox/european-parliament-passes-controversial-article-13-and-article-11/#respond Tue, 26 Mar 2019 14:05:22 +0000 https://www.kitguru.net/?p=408166 The European Parliament has repeatedly tried to implement Article 11 and Article 13 as a part of its Copyright Directive overhaul, with the former being a “link tax” and the latter is set to introduce an intrusive upload filter. After a number of delays and changes to the text, member states have voted in favour …

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The European Parliament has repeatedly tried to implement Article 11 and Article 13 as a part of its Copyright Directive overhaul, with the former being a “link tax” and the latter is set to introduce an intrusive upload filter. After a number of delays and changes to the text, member states have voted in favour of the two, renaming them Article 15 and Article 17 respectively.

The plans were initially introduced in 2016 but gained attention last year for their radical approaches to copyright on the internet. Although the Directive has been highly contested, lambasted by the general public, yet declared a necessity by copyright holders.

Today’s vote showcased that the want for a new Copyright Directive is certainly there, as the proposal to dismiss the entire document was rejected with 443 votes against and 181 in favour. The vote to allow for further amendments was much closer, with just 312 in favour compared to 317 against.

With 348 Members of Parliament in favour of the document as it currently stands and just 274 against, the European Parliament has adopted the new Copyright Directive, containing the newly named Article 15 and Article 17.

Under Article 17, previously known as Article 13, sites that host user-generated content that have been available for more than three years, earn over €10 million and have more than five million unique monthly visitors will be required to either actively license content from the original copyright holders or purge all copyrighted material from their servers. This will likely require the likes of YouTube, Facebook and Twitter to utilise an upload filter in order to police the matter, automatically rejecting content before it is uploaded.

It is this article in particular Article that people fear will be the death of memes, but the European Parliament has stated that the internet phenomenon should be “specifically excluded” from the new Directive. It remains to be seen how this is possible if member states implement a nationwide filter, however. Similarly, cloud storage services are exempt, as well as loopholes that allow for parody.

Article 15, previously known as Article 11, is the colloquially dubbed “link tax” that targets aggregator sites, such as the Google News tab, and forces them to pay original content creators to host their link. This is a move that has already failed when trialled in Spain, as Google simply removed its News tab in the country, ultimately resulting in diminished traffic and therefore ad revenue for the individual publications.

It’s uncertain how this will work as it stands, however publications using hyperlinks with individual words won’t be affected and neither will “legitimate private and non-commercial use of press publications by individual users.”

Pirate Party MEP Julia Reda has vocally opposed the decision throughout the debate, chastising the outcome as a “dark day for internet freedom” in the EU. Chief executive of Open Knowledge International, Catherine Stihler agreed, stating that we now “risk the creation of a more closed society at the very time we should be using digital advances to build a more open world where knowledge creates power for the many, not the few.”

Copyright holders are pleased with the outcome, with chief executive of PRS for Music Robert Ashcroft describing the move as “a massive step forward. It’s about making sure that ordinary people can upload videos and music to platforms like YouTube without being held liable for copyright – that responsibility will henceforth be transferred to the platforms.”

Accompanying the ordinary legal mumbo jumbo is a lot of ambiguity and uncertainty, which is the main point of contention even after the European Union Directive on Copyright in the Digital Single Market has been approved. Once member states begin pushing the reform, perhaps they won’t be so bad. Or perhaps it’ll be much worse.

KitGuru Says: Do you have any thoughts on the new Copyright Directive?

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European lawmakers struggle to finalise Article 13, with negotiations delayed once again https://www.kitguru.net/tech-news/featured-announcement/damien-cox/european-lawmakers-struggle-to-finalise-article-13-with-negotiations-delayed-once-again/ https://www.kitguru.net/tech-news/featured-announcement/damien-cox/european-lawmakers-struggle-to-finalise-article-13-with-negotiations-delayed-once-again/#respond Mon, 21 Jan 2019 15:59:51 +0000 https://www.kitguru.net/?p=401733 EU Member States have refused a compromise position on Article 13, further delaying negotiations of its final text.

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Article 13 came into the public eye last year, proposing a reform to copyright law that would controversially implement “upload filters.” The EU Parliament and Council were supposed to set the text in stone today, but conflict between Member States has seen the final round of negotiations delayed once again.

These content filters are prominent in mainstream media for the implications they hold for the everyday user, including but not limited to the newfound inability to reproduce memes. The initial proposal was sent back to the drawing board, but came back with similar restrictions intact. Negotiations pertaining to the final text of Article 13, and Article 11, also known as “link tax,” were supposed to take place last month, but saw a delay until January 21, 2019.

The EU Parliament supports the measure, but criticism has watered down the proposal to the point that original backers now believe it will do more harm than good moving forward in its current draft. 11 Member States have refused a compromise position today, which has resulted in negotiations being cancelled. This doesn’t put an end to the controversial proposal, but it does make the outcome much harder to determine.

Pirate Party member Julia Reda congratulates the efforts of lobbyists and protestors as the primary cause of the delay, using the postponed vote to drum up morale of the opposition:

“The outcome of today’s Council vote also shows that public attention to the copyright reform is having an effect,” writes Reda in a statement. “Keeping up the pressure in the coming weeks will be more important than ever to make sure that the most dangerous elements of the new copyright proposal will be rejected.”

KitGuru Says: I’ve continuously voiced my support for copyright, but I struggle to get behind such extreme, and frankly intrusive, measures. Comprise doesn’t look like the right way to go, with more people unhappy now than before.

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Google News could disappear in Europe if the EU implements link tax https://www.kitguru.net/tech-news/featured-announcement/damien-cox/google-news-could-disappear-in-europe-if-the-eu-implements-link-tax/ https://www.kitguru.net/tech-news/featured-announcement/damien-cox/google-news-could-disappear-in-europe-if-the-eu-implements-link-tax/#respond Mon, 19 Nov 2018 13:00:32 +0000 https://www.kitguru.net/?p=395466 Google maintains that it might retract its News feature from Europe, should the EU push Article 11's "link tax."

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Google has already spoken out against the EU’s controversial Copyright Directive, outlining the difficulties that an “upload filter” imposes on video content across YouTube. The written word is similarly unsafe, according to the Search giant, as vice-president of news Richard Gingras maintains that Google could pull its News service if plans go ahead with Article 11’s “link tax”.

Back in July, MEPs sent Article 11 and Article 13 of the Copyright Directive back to the drawing board, as many criticised the proposal of “machine censorship.” The Directive once again reappeared in September, with Article 13 continuing to carry the automated upload filter that prevents copyrighted material from being remixed. Alongside this, Google is chiefly concerned with Article 11 and its proposed link tax.

Gingras stated to The Guardian that while Google “can’t make a decision until we see the final language” of the Article, the team hasn’t ruled out the possibility of shutting down Google News services throughout Europe if the link tax comes into play. “It’s not desirable to shut down services,” however the company sees no value in losing revenue on a feature that brings the company no profit. “There’s no advertising in Google News. It is not a revenue-generating product to Google.”

The scheme has failed once before, with Spain opting for a similar approach in 2014. By taxing aggregation sites, the country hoped to compensate smaller publishers that were being showcased on platforms like Google News. The firm swiftly yanked its service from the country as costs became unfavourable, resulting in a significant loss of traffic throughout Spanish news websites.

The EU has yet to respond to Google’s suggested retaliation, although the stand-off could have a variety of consequences. Google strong-arming its way sets a precedent the European Parliament is likely wanting to avoid, while the loss of Google News in the region could devastate publications, particularly the smaller few the EU is trying to compensate.

KitGuru Says: Personally, I use Google News quite often to see what’s out there. It’s even baked into Android with a quick swipe to the right revealing a panel of catered stories for the user. Would the potential loss of Google News affect you?

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EU votes in favour of amended Copyright Directive, retaining “link tax” and “upload filter” https://www.kitguru.net/tech-news/featured-tech-news/damien-cox/eu-votes-in-favour-of-amended-copyright-directive-retaining-link-tax-and-upload-filter/ https://www.kitguru.net/tech-news/featured-tech-news/damien-cox/eu-votes-in-favour-of-amended-copyright-directive-retaining-link-tax-and-upload-filter/#respond Thu, 13 Sep 2018 11:21:09 +0000 https://www.kitguru.net/?p=386690 In July, the European Parliament voted against the intrusive Copyright Directive, sending Article 11 and 13 back to the drawing board. Amended versions of both have since been approved, continuing to carry the controversial “link tax” and “upload filter” respectively. Easily the most heavily discussed portion of the Copyright Directive before its initial rejection, Article …

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In July, the European Parliament voted against the intrusive Copyright Directive, sending Article 11 and 13 back to the drawing board. Amended versions of both have since been approved, continuing to carry the controversial “link tax” and “upload filter” respectively.

Easily the most heavily discussed portion of the Copyright Directive before its initial rejection, Article 11 attempted to implement a link tax by penalising shared links to sourced information without paying a royalty fee, while Article 13 suggested an internet filter to detect copyrighted material. The former had been criticised for its ability to be abused by copyright trolls, whereas the latter would rely on an algorithm that would likely infringe on free speech.

Article 11 is intended to protect the copyright of written materials, reserving the right for originators to demand a royalty fee when they are quoted as a source. In theory, this helps to stomp out fake news given that legitimate businesses are likely to maintain control over their work, though it doesn’t quite work that way in practice.

Despite successfully pushing the Spanish government into placing restrictions on Google News and requiring the platform to pay originators for the preview material it uses, news outlets found their traffic down up to 15 percent when Google retaliated by removing the feature from the country in its entirety. Google itself didn’t suffer a wink, given that no advertisements are present for News to make any money for the platform, however Spanish publications regretted their decision.

Although Article 13 requires platforms to work with rights holders in order to prevent the upload of copyrighted content, the Big Brother-like blanket filter necessary to detect content that offends the strict laws is sure to be even worse for the general public. While YouTube already filters content via audio, allowing users to demonetise their content or take it down entirely, Article 13 would require the platform to begin sweeping imagery within the video before it’s available for public viewing.

Small platforms are expected to be punished harshly for their use of social media as marketing tools, whereas the everyday internet user is afraid that general GIFs and memes could be made illegal. Such an intrusion of free speech has been the cornerstone of arguments made by World Wide Web inventor Tim Berners-Lee to rescind the Article.

MEPs reviewed the revised versions of each Article, with 438 votes in favour of approving the Copyright Directive and 226 against. A final vote will be cast in January, 2019 to decide whether the amended Articles will make it into EU law, however it’s unlikely that the proposal will be rejected a second time with such an overwhelming amount in favour of approval.

Among the amendments, sharing and information sites like GitHub and Wikipedia will be exempt from Article 13, while publications will now be able to get away with “individual words” and hyperlinks without fear of punishment under Article 11. This does, however, suggest that full quotes will be off limits.

If the Copyright Directive sees final approval, nations will be free to individually interpret each Article to their choosing, meaning that laws could vary significantly per country. No matter how it is received, the change is expected to be disruptive for much more than just the EU, spanning the entire world.

KitGuru Says: I’m sceptical that it will come to such extremes if the Copyright Directive sees implementation, however it is concerning just how things will change when interacting with the internet. What do you think of Article 11 and 13 being pushed through?

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EU votes against Copyright Directive, sending Article 11 and 13 back to the drawing board https://www.kitguru.net/channel/generaltech/damien-cox/eu-votes-against-copyright-directive-sending-article-11-and-13-back-to-the-drawing-board/ https://www.kitguru.net/channel/generaltech/damien-cox/eu-votes-against-copyright-directive-sending-article-11-and-13-back-to-the-drawing-board/#respond Thu, 05 Jul 2018 14:51:19 +0000 https://www.kitguru.net/?p=378768 Two weeks ago, European Parliament sent the media world into a frenzy by pushing legislation that threatened to dismantle the internet as we currently know it. Fortunately, the all-important vote has seen both Article 11 and 13 thrown out, meaning copyright laws are to remain as they are for the foreseeable future. Article 11 and …

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Two weeks ago, European Parliament sent the media world into a frenzy by pushing legislation that threatened to dismantle the internet as we currently know it. Fortunately, the all-important vote has seen both Article 11 and 13 thrown out, meaning copyright laws are to remain as they are for the foreseeable future.

Article 11 and Article 13 were contained in the overarching Copyright Directive, which went to a vote on Thursday 5th July. While a majority of 318 voted against the copyright reforms compared to 278 votes in favour and 31 abstentions, the Copyright Directive has simply been stalled until a further debate in September pending a reformation of its proposed policies.

Article 11 and Article 13 were the most heavily debated portion of the Copyright Directive, with Article 11 attempting to prevent publishers from sharing links to sourced information without paying a royalty fee, and Article 13 placing an increased emphasis on copyright enforcement. The latter would have seen the creation of an automated copyright filter that would flag and potentially ban uploaded media no matter of its original source.

Image: Wikimedia Commons

“The rejection, for now, of the mandate means the Parliament has another few months to get it right. I look forward to supporting colleagues in that and will continue to be active in efforts to strike a balance that works for everyone,” explains Alyn Smith MEP, SNP member of the European Parliament for Scotland.

It was the collaboration of all that opposed the legislation, from celebrities such as musician Paul McCartney and web creator Sir Tim Berners-Lee, to the dedicated public that helped MEPs get this win under their belt. Websites took a stand in the run-up to the vote, with Wikipedia actively blocking access in certain countries while others carried warnings reminiscent of that seen throughout campaigns to stop the Net Neutrality repeal.

Not everyone has celebrated the outcome, with SACEM Secretary-General David El Sayegh calling the vote a “setback.” Keeping original creators at the forefront of its agenda, SACEM “will not be discouraged by today's decision and will continue to mobilise the support of musicians and music lovers across the world, in the hopes of reaching a fair agreement with these platforms that will safeguard the future of the music industry.”

Conversely, Open Rights Group leader Jim Killock congratulates the EU Parliament for its recognition that “machine censorship of copyright material is not an easy and simple fix.” The “massive opposition” has been heard, from the “internet blackouts” and the petition going 750,000 strong.

“Everyone across Europe who wants this fixed will have to work hard to make sure that Parliament comes up with a sensible way forward by September,” continues Killock. “We congratulate our members for their hard work, and Julia Reda, Catherine Stihler, EDRi and others who have led the fight in Europe to stop these dreadful proposals.”

While the likelihood of seeing Article 11 and Article 13 again seem slim, it’s quite possible that they might survive the chopping block when the Copyright Directive returns for debate in September. Until then, it seems that freedom of speech on the internet is safe, allowing users to meme it up without worry.

KitGuru Says: I understand the need for increased attention towards copyrighted material, protecting owners from having their work stolen. Unfortunately, like a lot of the internet it seems, I don’t think taking away fair use policy is the way to go about it, particularly when it is used for just as much good as it is bad (think advertisement and innovation). How do you feel about Article 11 and 13 being rejected?

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EU Parliament votes in favour of legislation that could make the internet a “tool for control” https://www.kitguru.net/channel/generaltech/damien-cox/eu-parliament-votes-in-favour-of-legislation-that-could-make-the-internet-a-tool-for-control/ https://www.kitguru.net/channel/generaltech/damien-cox/eu-parliament-votes-in-favour-of-legislation-that-could-make-the-internet-a-tool-for-control/#respond Fri, 22 Jun 2018 09:00:18 +0000 https://www.kitguru.net/?p=377533 European Parliament has sent the tech industry into a frenzy this week as the JURI committee voted to pass Articles 11 and 13 of the EU Copyright Directive legislation. If enacted, the pair could dismantle the internet as we know it, filtering out uploaded content against copyrighted material. Article 11 imposes a tax against online …

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European Parliament has sent the tech industry into a frenzy this week as the JURI committee voted to pass Articles 11 and 13 of the EU Copyright Directive legislation. If enacted, the pair could dismantle the internet as we know it, filtering out uploaded content against copyrighted material.

Article 11 imposes a tax against online publications that choose to link to another article, forcing one site to pay another for information derived from the originator. The aim is to quell the growing problem of fake news, as legitimate publishers are supposedly more likely to enforce the tax. A 2015 study revealed that this unfortunately costs publisher millions in lost revenue, however, as shown by the temporary closure of Google News Spain when the country briefly implemented the law back in 2014.

Article 13 is a lot more concerning for the general public, as it effectively requires internet platforms to filter uploads for copyright infringement automatically. Even commonplace memes won’t be safe, being blocked before they hit the internet simply because they clash with previously uploaded content. Filters like this have not been popular in the past, with YouTube consistently criticised for its algorithm wrongfully flagging content that actually doesn’t breach any laws.

Jim Killock, Executive Director of the Open Rights Group states that “Article 13 must go. The EU Parliament's duty is to defend citizens from unfair and unjust laws. MEPs must reject this law, which would create a Robo-copyright regime intended to zap any image, text, meme or video that appears to include copyright material, even when it is entirely legal material.”

Image: Wikimedia Commons

Over 70 experts, including inventor of the World Wide Web Tim Berners-Lee and co-founder of the Wikimedia Foundation Jimmy Wales, have backed a declaration to the European Parliament opposing the proposal. Their concern, however, goes beyond the troubles of general copyright enforcement, claiming that the internet would be devolved into “a tool for the automated surveillance and control of its users.”

With such a surveillance framework in place, there’s nothing to stop it being misused with malicious intent to, say, propel propaganda and censor the information disseminated to the general internet user in favour of the controlling parties. Even if this abuse doesn’t come directly from the government, there have been parties known to abuse these kinds of laws while posing as officials in the past.

Article 13 has been mulled over in the past, ultimately scrapped only to reappear suddenly on May 25th, otherwise known as GDPR day. It is uncertain what the European Parliament truly hopes to achieve, but general internet users will be incredibly restricted in what they choose to do online, from the inability to sing Happy Birthday due to Warner Music supposedly still holding the rights to the lack of pop culture memes.

As Killock explains, “The EU Parliament will have another chance to remove this dreadful law,” as the next stage for the bill requires a wider vote. Multiple petitions have cropped up online, and MEPs have been urged to vote against the laws.

KitGuru Says: If the only goals here are to combat fake news and clamp down on copyright, I can’t imagine that this move would ever be perceived in a popular light when people would be giving up a large part of their freedom. Truth be told, the extra costs of Article 11 would be crippling for the majority of publishers, too. What do you think of the EU Parliament’s latest proposals?

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