THE ELECTRONIC FRONTIER FOUNDATION (EFF) has written to those within the EU negotiating the final draft of the Copyright Directive which includes the dreaded Article 13, known by critics as the ‘meme killer’.
In the letter, the Foundation reemphasises its grave misgivings about both Article 13 and Article 11, which will require linking to news sites to be under a paid licence scheme.
Article 13, meanwhile will see anything that matches a copyright database of images and sounds to be automatically censored by the ISP.
The EFF warns that the two articles will “subvert their stated purpose while endangering the fundamental human rights of Europeans to free expression, due process, and privacy” and warns that whilst it is in favour of throwing them out altogether, if they must proceed, that several worrying uses of language are cleared up.
It cites, for example, news content, which may well mix library footage, public domain and new content when uploaded to the web that may cause false positives and make newsgathering more difficult.
It gives one example where live footage of a Mars lander was accidentally attributed to a news network, and caused a ‘strike’ for NASA when it attempted to add the footage to its own channel.
This is just one example of the type of issues that the EFF is concerned about, with the idea of abuse – the lack of penalty for making false copyright claims for example, which it describes as “a recipe for mischief and must be addressed”.
The EFF goes on to recommend a process and standards for registering copyrighted material and for proof in the event of a claim.
In addition, it recommends that repeated copyright claimants who are proved false, are struck off a ‘trusted’ list so they cannot be part of a ‘trolling’ industry.
It adds that online services should be able to proactively strike off a user if they’ve been found trolling elsewhere.
The advice goes on, but lest it detract from the real point, the letter ends: “At root, however, Articles 11 and 13 are bad ideas that have no place in the Directive. Instead of effecting some piecemeal fixes to the most glaring problems in these Articles, the Trilogue take a simpler approach, and cut them from the Directive altogether.”
Make no mistake, then that all this advice is no alternative for the EFF’s real aim – to wipe Article 13 from the bill. The first of these “trilogue” meetings took place yesterday, with more in the coming days. μ
Source : Inquirer