The European parliament today voted to approve new copyright rules for the internet, the headline points are :
- Internet platforms are liable for content that users upload
- Some uploaded material, such as memes or GIFs, now specifically excluded from directive
- Hyperlinks to news articles, accompanied by “individual words or very short extracts”, can be shared freely
- Journalists must get a share of any copyright-related revenue obtained by their news publisher
- Start-up platforms subject to lighter obligations
The headline points don’t sound too bad on the surface but the reality is that the technology to ensure compliance with this directive simply doesn’t exist. Technology isn’t going to be able to differentiate between parody and copyright, this is Unicorn technology territory and it’s extremely disappointing that so many MEPs have completely ignored this.
One of the main reasons that it’s disappointing that UK based MEPs have voted for a directive based on technology that doesn’t exist is because many of the same UK based MEPs have been critical over claims from Brexiteers that there’s no need for a backstop on the Island of Ireland because technology can deal with issues relating to trade on the border. Many MEPs are critical of that suggestion because they rightly point out that the technology to deal with the border issues doesn’t exist.
Another area where UK MEPs show double standards is that they happily point out that there’s a petition and protests against Brexit, but choose to ignore the petition and protests regarding the copyright directive., is it any wonder that people get frustrated with politicians.
Those supporting the directive have been pitching this as a battle between the little guy and big tech in Silicon Valley, yet they seem blissfully unaware that it will be big tech in Silicon Valley that comes up with and charges content creators for, the content protection systems that will be required to ensure compliance with this directive. Big tech will win again, small content creators will feel the pinch again.
Copyright rules do need to be brought kicking and screaming into the 21st century, some of the rules are archaic, content creators have been complaining for years about how their content is being used without permission from creators or reward for creators but the EU copyright directive is so horrendously flawed as it stands that it should have been paused.
The discussion has to start and be based on the laws in the USA that lead to companies operating the way they do when it comes to policing content. This requires a global solution, not an insular solution such as the EU are pursuing.
Unicorn technologies are not the way forward for European content creators or legislators.