How can I find who voted for it?
There is something suspect about the EU's cavalier attitude in churning out internet regulations, they generally favor old industries and incumbents.
I am a big fan of the GDPR, because it protects the rights of the users. But this time they are building a law to ease the fight of large corporations, affecting everone else in the process... not cool.
Sarcastic joke perhaps, but very true.
Of course what's best for the people and the internet is a non-consideration for these politicians who work for the moneyed-class rather than the people.
The news companies ( especially the big ones like BBC, NYTimes and CNN ) already bullied google and facebook to give them exceptional preferential treatment. Now they want a link tax? We already have news companies' social media team bombarding the internet with their spam, now they will go into overdrive mode if news links are monetized. That's so ridiculous. What's to stop anyone from creating a "news" company and them spamming their own links everywhere to profit from this tax?
As for the upload filter, all that's going to do is to impede or silence critics, artists, etc using materials protected as "fair use".
People talk about china or russia all the time, but the biggest enemy of a free internet so far has been the EU since their legislation can be global while china and russia are pretty much confined to their own borders. And of course with EU behaving so erratically, this will just embolden china, russia and the rest of the world to act in bad faith as well.
But I don't see why this is relevant to my point that there is actually a real issue here, and ignoring it is going to cause even more laws like these to be passed because the narrative from publishers (that they are losing business because of internet companies that have a cavalier attitude about the people they are cutting off) is not entirely fictitious. When's the last time you saw Google telling large websites about changes in PageRank that will negatively impact them?
So they will do their very best to make it affect the global internet.
Given that all major powers want that, it'll happen. Maybe not right now, but it's coming. It would have happened a long time ago if it wasn't for the stroke of luck that these companies are in the US and the US government is protecting them (for now succesfully).
Where can I get the collection of all copyrighted content so I can build this filter?
The problem with all of these projects is content. Because there is low usage and a technical barrier to entry, nobody is bothering to put up interesting content that would attract users. (Except for some, ahem, "fringe" interests.) It's a chicken-and-egg problem. I keep hoping that one of these regulations will rekindle interest in distributed hosting, but it hasn't happened yet.
If some advocates would be willing to convince (and possibly help) some major OSS-related resources to establish a beachhead, it might help draw in some of that crowd at least. Adoption there would probably improve the systems, gradually bringing in people from the outside like with the original Internet.
That will be funny
Hell, just by doing that you could probably end any potential upholding of this system really fast.
Problem solved.
Huh? How does this follow?
This is beyond ridiculous.
Given this legislation virtually guarantees their hegemony over European content distribution, I don't expect too much complaining.
For example, you may block EU traffic, but if you have a bank account in the EU, and if an EU citizen discovers somehow, perhaps while travelling abroad, that you are misusing their personal data...
(Inb4 the national laws end up including huge exemptions for site run by the government or political parties).
A more technical campaign would be reverse engineering the filtering algorithms (censorship machines) that sites end up forced to install, and finding a way of generating new copyrighted content that has the equivalent of a "hash collision" against already popular (or political) content hosted on websites using the filter.
All I can say is I hope Europeans enjoy their new walled garden, because I sure as hell won't be complying with these rules.
If they did so they can conveniently also ignore that $5B anti-trust fine.
This is great for the FAANG providers who already have automated content control tools and massive help centres to act on anything 24/7. It is a death-knell to any upstart startup who would challenge Youtube or Facebook however.
How is this different than making gunmakers responsible for shootings? Continuing with the analogy, the only option the gunmaker has is to essentially close up shop. Seems like an impossible law to follow. "Develop better algorithms for filtering inappropriate material or you're gonna be sorry" sounds like tyranny.
The EU Parliament press release is also claiming that a number of non-commercial and "small" platforms will be excluded.
I don't see it very clear that the biggest tech companies are losing their grip on the internet with these new laws. They will be able to weather this and even profit just fine.
In 2018 I'm considering rejecting clients with an Eu requirement.
What actions can the average citizen take against this?
I feel like this is actually forcing the biggest tech companies to increase their grip on the internet.
Next step is to sue those companies into submission. To give them the emails of everyone on their platforms. Their location. To make them pay for everything. To ...
But if they had to do that against 10000 companies, they wouldn't be able to. So they're enforcing Google's monopoly on Europe, to then force them to abuse it on their behalf (and of course blame them for it all the way).
On the other hand when the government wants to regulate something I'm also immediately suspicious.
Will the concept get less mockery now?
Moderation over the last years has been strict though. I haven't seen any illegal content on there in ages.
If you fear that arXiv will implement filters that will recognize that what you are uploading is a translation of an obscure Prussian research paper and block the upload, I don't think that's going to happen. (But I will be really impressed if it happens!)
Why are journals not sending a bombardment of requests already? Why would they start now?
Like always here, death by regulation. The way governments grant monopolies to established players and kill competition.
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2F...
EDIT: The final text will apparently be published here eventually: http://www.europarl.europa.eu/plenary/en/texts-adopted.html
Article 13 however still sounds worrying. It describes automated image recognition (i.e. an upload filter) as a possible mechanism for preventing the upload and publishing of illegal content. However I can't find any language that explicitly requires the filtering, non-commercial platforms like Wikipedia are explicitly exempt and it's fairly directly aimed at companies that make money from publishing content users upload to make them liable for the content they're hosting.
I'm not a lawyer, but it seems like it will mostly be trouble for companies like Facebook, Instagram, YouTube and file hosters (e.g. Mega). How dangerous it is to startups exactly depends on how "appropriate and proportionate measures leading to the non-availability on those services of works or other subject matter infringing copyright or related-rights, while non-infringing works and other subject matter shall remain available" is to be interpreted in practice.
EDIT: To clarify: I'm skeptical of this and was extremely biased against this because of what the EFF and others have said about it. But the final text seems far less terrible than the first draft that everyone got up in arms over.
How can anyone think that while uploading a new set of content on a website, it would be an instant job to compare against all other legal content already uploaded?
Can't afford it? Too bad, that's the fun of this law and why it should be abolished.
On one hand I'm sad that the EU fell for that crap, on the other copyright law is so fucked up already that it kind of feels like more crap in a bucket of crap. One day this whole thing will become completely unsustainable and will have to be rebuilt from the ground up.
"Won't somebody think of the creators!"
And they have pushed this kind of crap on us relentlessly for decades.
Neglecting to mention they absolute shafting these obsolete middlemen of cultural access give to the artists and creators they sign.
What? Where? How? Is the author of this article somehow confused? The article doesn't make clear in any way how the new law would threaten any tech giants' grips on anything. Tech giants are the first to jump regulatory bullets that would kill anything on a tighter budget in its way.
After this goes through I will become a single-issue voter, to leave the EU.
And the link tax has excemptions for plain hyperlinks and the like, which prevents most distopian uses of such a provision.
If google acts on this it will be because they know this was written with them in mind and if nothing happens stricter laws will follow. But for everyone else it will be a non-issue.
Upload filters on the other hand are a much bigger problem, mostly because copyright law is way to strict to make them reasonable.
Why shouldn't they? It's money lost otherwise.
It's a choice between more money or less money, but the opposite way around to what you're implying—because nobody will pay for the privilege of gifting traffic to someone else.
If you're a web publisher and you're not making more money as your traffic increases, you're doing it wrong. And if you can only make money by taxing all potential inbound sources of traffic, you'll quickly find yourself with no traffic—and no money.
Say BBC decides they don't need the money and doesn't charge for links, but every other major outlet does. Now everyone will just link to BBC when they want to link an article on the topic, and Google News would essentially be BBC and a bunch of small independent outlets. Shortly thereafter the market share of all major news outlets that aren't BBC plumets as less and less people visit their online presences.
It seems to contain a bunch of amendments that seem to make at least Article 13 a bit less draconian. In particular, 13.2b seems to require a human-reviewed and appealable complaints mechanism.
All in all, it's still very shitty.
I intend to save the list of those who voted for and set a reminder to dig it out when the next EU elections come up. I hope people with more social media presence than I do the same.
While I am not a particular fan of the dominance of Google and Facebook, I like it better how they handle the web than what we have seen from the 'creative' companies. It took years until they found a way to monetize their content properly (e.g. Spotify, Netflix) and even now after they pushed DRM down our throats, they kinda complicate things by not letting you watch the full HD version on certain platforms or restricting streaming rights on a per country basis.
Tracking is a completely different beast. They take what they can get, but you can fight back. My biggest concern is that they (Google,Facebook) gain so much influence that they can change the political opinions via Ads. So yes, tracking and advertising can be a lot more harmful, but at least you can kinda opt-out (e.g. use curl to browser the internet ;-).
"The great danger is that it will destroy the capacity for free speech on the internet and social media, which has exploded in recent years and is an invaluable alternative to the so-called mainstream media."
https://www.ukip.org/national-ukip-news-item.php?id=18
The law is about the so-called "fake news", now that we're close to the 2019 European parliament elections.
Also: Democracy (a 2015 Documentary by David Bernet)
Even if GDPR was merely touching the internet, it is touching the internet, which is my point - people said things like "the people in EU know what they're doing", why isn't it true now?
At my understanding, there will be discussions about the amendments and another vote, like the one we had two months ago. Is it right? There is still time to act, right?
Also, is there a place to see who voted what? Elections are close and those choices could impact the vote of many. I knew Votewatch but I don't know if it still doing it, saw some excel file going around last time and wondering if they are being updated, to see who changed ideas.
I received one "pre-canned" email acknowledgement from UKIP, attempting to make the bill into an "EU bullying us" issue, and nothing from anyone else. One politician I tried to call had a published phone number that connected to a commercial money lending service.
And mainstream political parties wonder why people feel disenfranchised. They have become a professional political class, completely disconnected from the people they purport to represent. The result is protest (Trump, Brexit et al).
Just wait until you walk around Brussels. EU politicians don't mix with the locals. They've got separate everything. They have reserved parking spaces, separate taxes, separate restaurants, separate social security, separate supermarkets, schools and swimming schools that the locals are excluded from.
Needless to say, all are vastly superior to what the locals get.
Compared to that, I would argue you're wrong. I don't know how UK politicians live, but I very much doubt it is half as "separate class" as the EU class in Brussels. In Brussels the politicians live like the politicians in Beijing live.
You can believe GDPR is a good law and this a bad one without hypocrisy. As much as you can believe murder ought be illegal but not cannabis.
1. Access for EU residents is shut down on many sites. 2. GDPR is not taken seriously, even if 11 and 13 get repealed. 3. We once again do not have a legal body to look to as privacy thought leaders. 3. People will stop taking the EU seriously as a
The changes going on at such governmental levels should not be unexpected. These kinds of changes have been happening over many decades. Very few, if any, governments (I am not talking about politicians here) want to give the citizens of itself the freedoms that could threaten the well-being and growing control of that government.
Politicians may have agendas (obviously they do) and can in some way direct how the relevant government will operate. They have less control than they think and they are there only fo relatively short periods of time. Most of the legislation that citizens end up suffering under is dictated not by the politicians but by other control structures.
Policy changes made by the various political representatives will be warped by those who are in charge of bringing these policies into reality.
The changes being discussed here for the EU are in line with the premise that government will gain more control over its citizens and the ones who have pushed for this will find out quickly enough that there are very large unintended side-effects that will come back and haunt them.
The fundamental concept driving all this movement towards control of what citizens can and can't do is to ensure that when needed those same citizens will follow whatever directives are given. This is just repeating what has happened in the past many times.
Does that mean we lie down and just take it or is there something that we can do?
If you are going to actively do something, you must start out first realising that there are going to be consequences. You have to make up your mind as to whether or not you are willing to face those consequences.
Then you need to look at what action you can take and take without the destruction of others. Peaceful civil disobedience can be a strong motivator of change in some cases.
This is another example of the classic lobbies-driven political decision where politicians pass legislations as a favour to their friends in corporate A or corporate B.
Also, if they think this will fix the revenue problems of the majority of newspaper publishers they are certainly wrong, newspaper are not dying because people read news on Google.
It's still the politicians passing the law. The fact that back-handers might be involved only makes them potentially even more corrupt.
TL;DR, politicians created the EU, it currently sucks even if they pass some very good laws sometimes. Now it's time for some very bad laws, the issue is that these laws is so bad the good laws seems very small in comparison.
That's potentially interesting, what does it mean in practice though? How would they be liable? If there was a monetary penalty attached, the record companies would be bankrupt in a day based on the false positives of the youtube content ID algorithm.
This law will be introduced in Switzerland, Norway and UK. Most probably UK will have to keep it after Brexit.
https://services.parliament.uk/bills/2017-19/onlineforums.ht...
Secondly I don't recall voting for any MEPs, as far as I can tell it's similarly not reported on. Besides given the lack of news about what any of the parties are up to it's hard to say anything about who you should even vote for.
Thirdly just because somewhere at the end a vaguely democratically elected group of people get to make a decision about it that doesn't somehow absolve the rest of the process from being undemocratic and seemingly driven by corporate interests. The biggest problem being that the decisions on what should be voted on and how seem to be mostly taken by an unelected group of people, who will evidently (given the way Selmayr was promoted) vote for anything if it gets them better pay and pensions.
1) You could argue whether the EU Parliament has democracy deficits or not. I assume it has (based on the legislation process itself with involvement of the Committee, but also based upon unequally weighted votes of citizens from different countries).
2) However, the most important point is that this law is considered as a "techie niche" by the vast majority of citizens. Also, EU topics as such suffer from a very narrow attention in the general public. Having said this, it is far easier for lobbyists to place such an initiative "under the radar" than it would be to lobby in 28 countries. In techie speak, a centralized entity like the EU is more or less a single point of failure for the unavoidable "bugs" of a democracy.
But I think this can have a significant impact on the perception of the EU on the general public
If the election of Trump or Ocasio-Cortez taught us anything, it should be that appealing to voters can get you into office, even with powerful entrenched interests running against you.
Elected politicians are 100% beholden to their voters, now more than ever.
Same. This institution has given me enough. Not only in tech.
Me personally I'm not into that kind of generalisation.
https://www.theverge.com/2018/9/11/17845394/eu-copyright-dir...
And starting next year there will be exactly 0.9% [2] of the citizens that speak the language that the EU government conducts itself. Now it is 13.9% [1], which is not exactly a good number. As if it wasn't already a huge problem that the French and German governments essentially control the EU.
Combine that with the fact that large blocks hate eachother. Like famously the French and German governments, for example, but those are hardly the only examples. Some blocks have actually recently had shooting conflicts with deaths (the Catalan and Spanish governments, if you're wondering, and yes, both have representation, even though the Catalan government gets no representation in the commission or council, the only institutions with real power in the EU).
[1] http://www.wolframalpha.com/input/?i=(british+population+%2B...
[2] http://www.wolframalpha.com/input/?i=(irish+population)%2Feu...
(also I find it odd when people apply this argument to the UK where we have a fully unelected upper house!)
But it applies to processing of personal data, this is independent of if it happens over the internet or not.
Not rly an MEP problem I think. Most people don’t care that much.
People are constantly overwhelmed with choices, and eventually they start to economize on their decision-making to focus on immediate needs. Certain systems (particularly those designed by marketers and politicians) are set up to take advantage of this trait.
This is definitely a deficiency of your local press.
> I don't recall voting for any MEPs
Elections are held every 5 years and organised by your local electoral authorities? Which country are you in and are you a national or a resident?
So that's one, in my opinion very big problem.
Second, people are just not aware of what power the EU has. And the politicians I speak to actually see this as an advantage. One told me specifically that without power like this we would still have the insanity of driving on the left of the road in Norway, or would still have the separate currencies (which of course, would also have prevented a lot of problems in Greece, Italy, Spain, Ireland and Portugal, and provided better lives for probably 100 million (!) people).
So that's the second part. Nobody cares about the EU, because there is no unity. Europeans don't feel part of Europe. They feel they're part of France, Belgium, UK, but not of Europe. So they don't care. There is little to no local presence of any EU agency.
No! If the parliament had rejected the proposal, then the "ball" would have come back to the Commission, which would have had to amend their proposal, pass it through the Council again, and if successful, returned it to the Parliament, which would be again given the choice of rejecting or passing the amended proposal. (This is similar to what happens in other entities/countries with bicameral legislatives — e.g. the US senate vs. the House of Representatives.) Importantly, without the EU Parliament's approval, the proposal could never become law.
Where do you live if I may ask? here in austria it was everywhere before the vote and now new articles with the result.
http://www.europarl.europa.eu/elections2014-results/en/turno...
despite claimes on election night that turnout had (very slightly!) increased over the previous election
https://www.politico.eu/article/this-time-its-different/
Election turnout falling consistently as the elected body's powers increase consistently. Not great.
Now, granted the situation is more complex than just that the commission can push through whatever it wants, but the following statements are true:
1) the commission can block whatever it wants (ie. it has a monopoly on legislative initiative). So it has a negative veto, and can prevent (and does prevent) anything it wants.
2) the commission can, in cooperation with the EU council, create and adopt legislation, without anything more than getting the Parliament's position (but not approval) [1]
3) they can even use other procedures to get what they want [2]
[1] https://en.wikipedia.org/wiki/European_Union_legislative_pro...
[2] https://en.wikipedia.org/wiki/European_Union_legislative_pro...
In practice the commission and council requiring each other is essentially the commission doing what it wants because it's mostly the same people, and even when not, they're necessarily from the same country and party (well, everyone in one has a counterpart in the other that's from the same country and party).
So no. The EU is a dictatorship. The commission has the only lawgiving power, and can block anyone else's initiative. The parliament ... is better paid but no more powerful than my cat ... (plus the politicians in there couldn't organize their way out of a paper bag whereas my cat has claws).
(and let's ignore the fact that the commission also controls the EU court of justice)
This is the most hilarious quote in the article. The only thing this will do is entrench massive players like Google and Facebook who already have these systems in place. I honestly cannot comprehend how anyone could support this law while having any understanding of how the internet works. Do these politicians really not understand the awful implications of these filtering systems for free speech and fair use? Just look at the abuses that already happen with the existing systems and now we have to spread this across the entire web, absolutely insane.
A truly sad day for the future of a free internet in Europe.
> is intended to give publishers and papers a way to make money when companies like Google link to their stories
So Google should pay you when they send you more traffic? More traffic = more money. Most companies would be overjoyed if someone sends them free business. Google and countless others even provide tools like Adwords so you can monetize your site if you can't figure out how to do it yourself.
I wonder how long until companies outside of Europe decide it's easier just to block all traffic from Europe in protest.
This is a weakening of safe harbor provisions. This law makes it extremely difficult to have a platform with any kind of user generated content. As long as a company is taking reasonable measures to combat piracy, hate speech, etc, they need to be granted indemnity from the actions of rogue users.
Exactly this. I already hit error 451 when trying to read some local news in US when browsing from Europe (I don't remember name of the page now). This happened after GPDR came into effect. I can totally relate with companies who don't want to deal with legal mess related with GPDR and other nonsense from EU an prefer to just show the user error 451 page. I'm pretty sure VPN providers and huge companies like Google will benefit from this legislation.
They believe what their wealthy donors tell them to believe. It won't affect the well connected politicians in any measurable way, they'll still be wealthy. Meanwhile, independent organizations will suffer while the big players get all the sweet licensing deals. Regulations are ALWAYS about punishing the smaller firms to make the barrier to market entry prohibitively expensive.
"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
Some do, some don't. But in some ways that's not the motivation behind these laws.
There's a growing power struggle between Silicon Valley tech companies and government. Governments are losing control and they are lashing out. We're going to see a lot more of it in the future as governments lose more and more control.
I was doing a web development gig in a southern US state back in 1998, and the manager was completely of the mindset that you had to ask permission to link somewhere. For some people who don't get it, this is their natural mindset.
For other people, the whole point is to work against free speech and fair use, in order to control the public.
Not exactly. Small and micro platforms are excluded from directive’s scope.
From legislation: In particular, small and micro enterprises as defined in Title I of the Annex to Commission Recommendation 2003/361/EC, should be expected to be subject to less burdensome obligations than larger service providers. Therefore, taking into account the state of the art and the availability of technologies and their costs, in specific cases it may not be proportionate to expect small and micro enterprises to apply preventive measures and that therefore in such cases these enterprises should only be expected to expeditiously remove specific unauthorised works and other subject matter upon notification by rightholders
As to what small is, Annex to Commission Recommendation 2003/361/EC Article 2.2 states:
Within the SME category, a small enterprise is defined as an enterprise which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million
All this does is to put a token nod in place that we don't want to kill the SMEs outright but once they grow enough to be "dangerous", they better start paying or else. And if they can't, tough luck ...
People communicating very freely has presented many challenges to those same politicians.
Forcing liability makes a choke point, and better control.
At least China is completely overt about these things. That is not a statement of support, quite the opposite. It is a statement as to how weasely politicians are about these things. They want a lot more control, and people want a greater check on authority.
I can't help but notice strong self interest factors in play here.
What's happening here is the EU is seeing every other major power lock down their internet, so why would they leave theirs open which would also allow foreign meddling?
Additionally the tech megacorps are trying to claim that they are open platforms and so shouldn't be responsible for user posted data while censoring and removing user posted data when it suits their economic means.
I'm a proponent of free speech, but the internet stopped being a bastion of free speech year ago. It's crazy to think that the EU was going to sit their and let companies do what they please, when those same companies we're already preventing users/EU citizens from doing so
They know exactly what they're voting for, and say whatever is necessary to convince everyone that they're working to protect their constituents.
At least in the US, the vast majority of our politicians have graduated from prestigious law schools and passed the notoriously difficult BAR exam. Unless politicians on the other side of the pond are somehow primarily composed of MUCH dumber people, they're probably similarly intelligent.
They know what they're voting for, and they pretend to be totally ignorant to the "scary new world" of tech so they get a free pass on voting in dumb shit laws like this.
Incorrect.
It will also speed up development of a new web which is impossible to regulate. So I rejoice. When they block entire services for days, I cry in joy. A 10 days blackout is what we need...
Who do you think has their arm up the politicians' ass and making them talk?
These are the same politicians that brought us the law that forces every website to ask EU visitors permission to store cookies with a big fat modal dialog, so I don't think you need to worry that people who any understanding of how the internet works supported this law. Imagine all the time wasted on those modal dialogs and add up the total cost in human lives. I bet none of them have any clue that the functionality to block cookies is built right into your web browser.
The funny part is that they're doing this copyright law out of jealousy of Silicon valley and they don't realise that these types of regulations and attitudes are the very reason why Silicon valley is not located in the EU, and why the next Silicon valley won't be either, and that this law will make it harder for new companies to compete with Youtube and Facebook.
No it doesn't. For example
Does not have any such dialog
GMAFB, nobody is dying because they're being asked to consent or refuse cookie tracking. If you are worried about that then why haven't I see you complaining about the modal dialogs and umpteen other other impositions inflicted upon users by marketing departments?
They do, and free speech and fair use are important issues to them.
The German law that is related to what US citizens call "copyright law" (Urheberrechtsgesetz) (note that I use this careful formulation, since Urheberrecht and copyright are based on different ideas) has no concept of "fair use".
Also, traditionally, in Germany, there is culturally a different understanding of what US citizens call "free speech" (freie Meinungsäußerung). "Freie Meinungsäußerung", for example, does not include defamation criticism or libel. So free speech in the US sense is no important issue for these politicians, because this concept is simply not ingrained in German culture.
To all the US free speech advocates: why is posting a copyrighted file in the internet not considered free speech and thus copyright law is to be abolished?
...but perhaps if instead you offered a compelling argument to the counter?
The EFF has laid out a lot of reasons this is problematic, and they are very familiar with the situation.
https://techcrunch.com/2018/09/12/europe-to-push-for-one-hou...
Having one hour to remove offending content, draconian fines and no, absolutely no exceptions for small content providers would, I think, end the internet as we know it in Europe. I see no way to host any kind of content under such jurisdiction and surely all non European content providers would just block the EU rather then take on a task that even giants like facebook and google can barely manage.
For example:
...the EFF argue that the idea of what constitutes a link is not fully defined. I'm not sure what they're talking about. Recitals 31-36 set out the concepts in article 11, fairly clearly. They make it clear that what is being protected is substantial or harmful copying of significant portions of the text. They also make it clear what organisations this will affect - press organisations - with a fairly clear description of what a press organisation might constitute. (FWIW, memes are not covered, and anyone you hear talking about "banning memes" is getting their news from very poor sources.)
This is an abhorrent decision by people who have no idea how the internet works. Markus Meechum (aka Count Dankula) was at the hearings, and reported that MEPs voting on the issue could not, or refused to, explain why they supported the bill. You can see him discussing the result in the immediate aftermath here: https://www.youtube.com/watch?v=ISyiTcA6RIw
If you want a quick example of why this is bad take a look at fair use and YouTube. Article 13 would make YouTube liable for copyrighted content on its service.
Much of YouTube content is (perfectly legal) remixes, responses, or criticisms of other YouTube content that embeds part of the referenced video in their own video. There is more content uploaded to YouTube than can possibly all be manually reviewed. Aggressive automated content filtering to comply with Article 13 would mean that these videos would straight get filtered out.
For example, someone defends their right to use the title or quote from an article from some other news gathering organisation. Someone will need to convince a judge that it's OK for The Sunday Times, or Der Spiegel to do that, but it's not OK for Reddit or Hacker News to do that.
And eventually, someone will need to convince a court that it's OK for Charlie Booker to broadcast a Cassetteboy video mash up on the UK's Channel 4, but it's not OK for Cassetteboy to upload that same video to youtube.
It is true that the CJEU doesn't hold case law and precedent in the same high regard as other courts, but neither does it ignore them. The ECJ and CJEU serves as a check on government in the same way the courts do in most other countries. I think it is unfortunate that the EU parliament has approved this law. But I struggle to see how it will stand up in court. That said, it will take a very brave person or organisation with deep pockets and a steel will to challenge this law.
However, if this law is upheld in court, then I think we can consider the EU a failed experiment. So abhorrent is this legislation that I, an ardent "Remaniac", would rather see the EU fail and take my chances with whatever comes next, than let the EU stifle free speech and the free flow of information and ideas in this way.
Sometimes, when companies climb the ladder to the top of the market, they kick the ladder down. This time, big copyright (and their political friends) kicked it down.
So... pretty much like the US (with a few exceptions like Silicon Valley or Austin, Tx)?
Not every city in America is San Francisco, Seattle, or Austin, but neither one state nor one city is as technologically dysfunctional as their European counterparts.
Is there anything stopping a search engine like Google choosing not to link to a newspaper? Surely they can’t be required to link to a newspaper AND then pay that newspaper to do so?
The trade-off if Google chose not to link to the newspaper would be a (slightly) less useful search engine, but the cost to the newspapers would surely be higher in the long term…or am I missing something?
1) I've witnessed creeping internet censorship starting just like this: first it's something as innocuous as "let's protect creators" or "let's protect children from harmful content", then 6 years later you can't criticize the government. They've just created a legal framework for massive automated censorship, and also Overton window was moved. I expect this to happen as soon as this law is backed up with the technical means.
2) People in power are uncomfortable with the current state of the internet, that is a true p2p platform for communication. Can't have that! We just got moved one step closer towards their vision of the Internet, that is nothing more than TV + storefront.
The link tax is really absurd. Traditional news is now almost completely useless. Information distribution is near free in todays market and "journalist's" opinions don't add much value to the information either. A large amount of stories are almost pre-written and sent off to publications anyways. Quality curation is really the only aspect that I would consider valuable, but these establishments just spread click-bait and junk articles.
It's ludicrous to me that the same body that approved something so user-centric as GDPR could come up with legislation so incredibly hostile to small players as to effectively abolish the open internet by financial attrition.
Once this comes in, we'll collectively need to finally start work on that peer-to-peer, onion-layered, encryption everywhere Internet we keep putting off building.
At least this is a lot more compelling in terms of a call to action. It's been a death of a thousand cuts for the last twenty years, so at least it'll help motivate us all to get a move on.
It's not totally over yet, both the final vote and the implementation in member countries can disarm the worst parts of the directive.
Unlike many EU countries, the Netherlands requires that the marriage certificate is "legalised" and charges for the process. They will not even accept the documentation before you go through this extra legal procedure thereby increasing the total time to over 6 months. Under some interpretation of article 10 and 25, this would be illegal, they have a different interpretation.
You can find various compliance studies for directive 2004/38/EC and other directives as well. It is just a fact in Europe that the transposition into local law leads to inconsistent application of the law. Applying for the same visa (from the European perspective) in the Netherlands and in Germany can be two wildly different experiences.
I'm from EU, I had the time to look at the recent amendments about this law, in which they added precisions about the fair use of data, for non-profit and public research.
They also precised that this law and the technical implementations should not go against already in-place freedom of speech rights.
Hopefully, people will be able to easily defend themselves versus the big corporations in case of abusing take-down requests. The recent example of Twitch streamer Lirik being unrightfully suspended on a simple request from UEFA shows there will be an adjustment period for everyone involved. His case was quickly resolved and he was unsuspended in less than 24 hours after the take down request. However, he is one of the most famous streamer from the Twitch platform, he can easily use his social network to acquire visibility. For smaller and not well-known streamers, it may be more difficult to obtain justice...
Google, Facebook and the like already employ filtering and copyright techniques and they can afford it. So, this law lifts the barrier to entry for smaller internet companies.
On the other side, it's also beneficial almost exclusively for the larger publications or copyright holders as the collected amount of license payments would end up there.
So, while I accept that the benevolent interpretation of this initiative is correct – big internet companies have an unhealthy market share and it's unfair to make money from other peoples' work – I suspect this might be another step towards more corporatism.
From an economical point of view it makes no sense to put legislation in place that will strengthen the market position of mostly US, non-EU companies.
Another reasoning could be to "prepare" a censorship infrastructure, but I can't find any hard evidences to this.
It's more like a "bug" in democracy as such. As long as a topic doesn't have widespread attention, it's the lobbyists who make the laws, not the citizens. I am pretty sure there are other bad laws in other very specific areas, we as techies don't have a clue about.
As I've written in another comment here, this is obviously an unavoidable "bug", but the more centralized a legislation process is, the more it is prone to exactly this "bug".
Why unavoidable? For example, if a sufficient number of qualified people complain about any law, isn't it possible to hold MEPs accountable by openly questioning them about their reasoning? I'm sure there are journalists who can make good use of any suspicious argumentation.
What's that again you'd rather not call "uninformed"?
I hate the removal of substantive access to local politicians that the EU has.
Maybe this is the one single solitary positive to Brexit...
For example, it was Britain that introduced the Snoopers' Charter:
https://en.wikipedia.org/wiki/Investigatory_Powers_Act_2016
without any encouragement from the EU, and indeed that Act has since been found incompatible with European law.
Out of interest, can you name another example where the EU was authoritarian (acting in a way that the British government wouldn't have)?
> Any action taken by platforms to check that uploads do not breach copyright rules must be designed in such a way as to avoid catching “non-infringing works”.
Utterly hilarious and scary that they think that's possible.
We already have lots of tools to block user access from the EU, time to upgrade them!
The EU fail to understand that the internet is inherently free and you can’t regulate it well (unless you’re a dictatorship in China, but you have bigger issues there).
It's basically just more bureaucracy if you're running a start-up or mid-sized company and want to do things by the book. Something to worry about, something to fear. I genuinely wonder if copyright holders will make a single cent off this.
What’s to wonder about? Of course they won’t.
At best nothing will change. At worst people start removing links and contents driving them traffic in fear of link-taxes and fines. Not to mention large-scale exclusion/filtering for EU users and content platforms.
They are almost certainly guaranteed loss.
That's not what this law purpose is. There's already copyright laws covering these cases.
Websites that distribute pirated content are already illegal.
Once those bits and bytes find their way into the digital world you might as well kiss them goodbye. When you try to control them it is like going to a public street and yelling "I am going to go get a burger from Bob's Burger" and then getting upset when a bunch of people also go to the same place and make it all crowded for you.
Simply put, nobody should own any arrangement of numbers, sorry if that fucks your lucrative monopoly up.
To argue that all parties everywhere should be forced subsidize the enforcement and policing of that contract is outrageous, economically unsound, and violates liberty.
On the other hand this legislation will completely change the internet as we know it.
Oh, and by the way, as long as you show something to EU visitors (even an error page telling them to GTFO), you need a privacy policy.
They’re both controversial EU-wide regulations, for one.
Simultaneously, I'm not campaigning in favor of the "link tax" component, here. I think it's widely agreed upon that that part of this proposal is pretty dire bunkum.
But let's not be eager to discard the baby and bathwater together. The idea of some EU copyright policy consensus is not inherently evil. If HN wants to rally about the "link tax" issue, do so. Don't jump directly to "boo, the EU is undemocratic because they didn't do what I want". That's just bizarre and we should be above that.
I've been working with filtering and fingerprinting technology for some time, and while its "pretty good", false positives happen frequently. Its a case of continual disappointment, even from the largest tech companies with the "best" technology. I expect that widespread "filtering" will equate to widespread non-fair use related false positives.
This law is going to work like the DMCA for many providers, carpet bomb everything and worry about the cleanup later.
As far as the one-hour-rule goes; if I get an email about taking down content at 01:00AM, then I will naturally be unable to respond for atleast another 5 hours, German courts atleast agree that for such things, it counts when you are first aware of the illegal/infringing content, even if it's weeks after (though you already have an obligation to operate a contact through which you can be quickly reached when you operate in germany atleast, IIRC this proposal will introduce that EU-wide which is good IMO).
This implies that you are going to have to go to court because you got an email at 1am and didn't reply right away...in order to fight off potentially serious fines. Whether it's accurate or not it's still very expensive to prove it's inaccuracy (in time alone, not including financially and stress).
This has very serious consequences for small and even medium businesses.
One way to ensure your citizen don't read them "foreign propaganda websites".
You can read the recitals this commenter is describing here, including the latest amendments that were voted in the Parliamentary plenary. As you'd imagine, I disagree with his interpretation.
https://juliareda.eu/wp-content/uploads/2018/09/Copyright_Se...
Firstly, these are just recitals. They're not a binding part of the Directive, they just lay out the justifications for the law.
If you do read the listed recitals, they mention links once, and don't define the term at all. When they do, the context is that "the act of hyperlinking" is not protected (ie the new ancillary right does not explicitly cover the act of hyperlinking).
This is an attempt to refute an argument that no-one is making (though the language echoes a previous fight that rightsholders are still pursuing, which is links to infringing content should be punished as strongly as hosting content itself. That's what the "communication to the public" is about, and has been ongoing, but that's another story.)
The concern over Article 11 isn't that it would criminalise linking to a news item; it's that if you use any text of an article, including its title, you can be sued or made to sign a license. Such snippets of text are usually used when linking to a news article, especially when you're doing it automatically, so that's where the threat to linking to stories.
A couple of other things to note in these amendments. One of the earlier arguments as to why Article 11 isn't so bad we heard is that there are already exemptions in copyright for quotation and critical review. We argued that under EU law, these exemptions are entirely optional at the national level, and news publishers will lobby to limit the effect of them on this new IP right. If you look at the amendment for Recital 34, this is now being explicitly set up to happen: the Recital now says that member states can apply these exceptions, instead of should.
Just because the recitals aren't law, doesn't mean you can't use them to better understand the motives and justifications of the drafters.
As others have noted, the "banning memes" line is about Article 13. An amendment proposed by a Parliamentary committee to create a "fair use"-style exception for user-generated content, specifically to protect remixes and memes, was struck down in today's vote.
By contrast, an entirely new provision that gave organizers of sports events complete ownership of the IP rights to their games was voted in. https://juliareda.eu/2018/09/copyright-sports-fans/
Basically, this directive remains an IP maximalists' dream. A bunch of new IP rights, some of which only apply online, with clear signals that they should be interpreted as broadly as possible.
This seems a great place to use automated translation technology, but into the same language. Link to the news article, but rewrite it using a similar meaning, with different words.
(I am an EU citizen and I think this is major overreach by the legislator who thinks they are saving the newspapers, but have no clue as to what effect they will have on the current system, but it still will not save the papers.)
There was a story in a similar direction a few years back: A state court in Hamburg decided that when you set a link to some other website, you have to check whether that website contains any illegal content.
The fine journalists at Heise wanted to link to the verdict, and because they are law-abiding citizens, they inquired with the court if they can guarantee that all content on the court website was legal. The request was denied.
Have you ever been in a courtroom in EU? Explanations for the laws are guides to judges to rule on the laws. Judges cannot go against the explanation and apply just the technical bit, their decisions will be overturned 100%.
Sure... This directive is hardly perfect, but it's also only the first step in the process.
When it comes to can vs should, you should know that both are optional. And copyright groups do try to limit the multiple exemptions from copyright every single day.
The entire point of art. 11 is to transfer money from Google News (and other aggregators, like Facebook) to publishers. This also covers search.
The latest version of Google News has already solved this: it only shows the title and the image, not a single sentence from the article itself, – which was the main concern in Spain and Germany when the relevant laws were introduced.
Facebook and Twitter shouldn't face any issues as well, because they only display the value of the og:description meta tag, set by the publishers themselves.
Honestly, it doesn't seem a bad thing to me. But lat's see how Google plays it out.
The wording is less relevant than the application of it. You can argue that something is outside of scope, according to the wording, and be correct while at the same time I can argue that the same is covered on how is expected to be applied.
Given my understanding of the copyright lobbying-state officials work in the EU, Google News will be covered. Why? Because news organizations having being crying for long and have strong political connections.
They want their own "article version" of Spotify, where they get a set amount for every article read. Obviously that's difficult to implement given the current way of the Internet (= Facebook sharing) and this is their attempt at getting their dream.
Is this a good idea? You could say it may improve news reporting if it was well implemented. Or it could be completely abused. Anyway, looking at it like this, explains some of the legalese in article 11.
"Parliament’s text also strengthens the negotiating rights of authors and performers, by enabling them to “claim” additional remuneration from the party exploiting their rights when the remuneration originally agreed is “disproportionately” low compared to the benefits derived."
"The text adds that these benefits should include “indirect revenues”. It would also empower authors and performers to revoke or terminate the exclusivity of an exploitation licence for their work if the party holding the exploitation rights is deemed not to be exercising this right."
In particular, the phrase "This protection does not extend to acts of hyperlinking which do not constitute communication to the public." It is all over the text and amendments. What is the exact legal effect of that?
A distant third problem are US regulators, which are slowly moving forward with targeting the tech giants (which now has both sides of the political machine looking at them, for different reasons). The giants no doubt feel like they can massage that situation better, as it's their home turf. They're invasive aliens as far as the EU is concerned.
I don't think it's surprising the global economy is littered with long-standing monopoly with little competition. It's not merely economies of scale, vertical integration, and other benefits of size, but because the business environment perpetually gets harder and harder for entrepreneurs to operate in.
The growth in the size of modern state-capitalist nation-states naturally coincides with the growth in monopolistic mega corporations - at the expense of things that have made capitalism so powerful and effective (competition checking abuse of customers, rapid innovation, etc).
The rat pelt bounty in French Vietnam led to rat breeding. The US luxury tax led to the wealthy saving more money and mass layoffs in the luxury industry. Bank regulations in the wake of the financial crisis gave big banks a competitive advantage over small banks.
These aren't apples to apples examples, but they show how regulatory action often has unintended consequences due to the complexity of the real world.
> Google can sit back and stop worrying
Name one company from EU who have a slight potential to be a minor threat for (YouTube / Search)
Smaller, more independent platforms will not be able to afford to implement compliance with these new regulations, and will potentially be driven out of business.
Of course, I agree with you that independent platforms are going to have a rough time. They either have to manually review all content themselves, not allow any user-uploaded content, or pay a company to do this for them.
I'm curious how this is supposed to work.
Source from legislation: In particular, small and micro enterprises as defined in Title I of the Annex to Commission Recommendation 2003/361/EC, should be expected to be subject to less burdensome obligations than larger service providers. Therefore, taking into account the state of the art and the availability of technologies and their costs, in specific cases it may not be proportionate to expect small and micro enterprises to apply preventive measures and that therefore in such cases these enterprises should only be expected to expeditiously remove specific unauthorised works and other subject matter upon notification by rightholders.
This is consolidation of power, finally locking down the Free Internet just as we've done with every other industry. Stripping the power to change from the small.
And what are we doing about it?
> Much of YouTube content is (perfectly legal) remixes, responses, or criticisms of other YouTube content that embeds part of the referenced video in their own video.
As weird as it sounds, you are wrong. In a short summary:
1. Fair use is a very small exception to some very broad rights.
2. Fair use almost definitely does not apply to most youtube content : if you use content other people made (video games or music immediately come to mind) you are infringing copyright holder rights.
3. If you rely on fair use rights, then you might find yourself in trouble.
What's even worse is that right holders can pick and choose who to bust, and they don't need to be consistent about it. So even if they rarely go after small groups, they can still shut down bigger ones.
I have a childhood friend who is now a copyright lawyer and I sometimes jokingly ask him whether something is copyright infringing. Other than yes, the most frequent answer I get is "I don't know, it depends. Both sides have arguments so ultimately it's down to the judge." It's just bad law. The only difference between then and now is that now we have the technology to actually enforce it.
The biggest name one so far is the H3H3 trial.[1] One that looks to be settled soon is Akilah Hughes suing Carl Benjamin (Sargon of Akkad), where all that Benjamin does is edit together two of Hughes videos with the only original addition being a new title. This is almost certainly going to go in favor of Sargon, yet YouTube's algorithms turned up to the nth degree would almost certainly have blocked it.[2]
If you go outside of YouTube, fair use law in the United States is very broad. Just look at what Richard Prince does with others' art. [3]
edit: added links
1. http://www.bbc.co.uk/newsbeat/article/41037631/youtube-stars...
2. https://www.youtube.com/watch?v=6LMgGBDZbJY
3. https://www.theguardian.com/technology/2015/jul/18/instagram...
Real problem is the negative incentive to be correct.
The rule penalise you harshly if you serve copyrighted content, but there is nothing if you decide to not serve non-copyrighted content and there is so much content on the internet, that "market pressure" simply isn't going to work. If you are a small publisher of free content, there is a huge risk for content platform to serve your content and no reward if they do.
And that's the best case scenario, where all actors have good intentions. But in the real world we know that large copyright holder are very often bulk claiming bulk content. There is no penalty, so that would be crazy for them no to do it.
The laws is also talking about terrorist content and the need to remove it within 1 hour or risk up to 4% turnover fine ! There is not going to be any manual check done within 1 hour, and anyway the risk is so great you may as well have a blanket no-question ask removal policy.
I fail to see the "good intentions in mind" you mention. MEP are some of the most successful politicians, they would be Olympic level is it was a sport. Their field of expertise is the people and public relation. I can believe they are naive with technology (like encryption or monitoring actual capabilities) but I can't accept they are candid about businesses or individual motivations. Any negative consequence of this law is there on purpose.
I disagree, no other utility is blamed for the actions of its users, if I use an electric drill to hurt some one I am at fault not my electricity provider, but if I do something illegal on the internet like piracy its some how my internet providers fault?
I also don't like making excuses for policy makers who "don't understand the internet", its not the 90s, ignorance is no longer an excuse, these people know what the internet is, and they know exactly what they are doing.
There are absolutely well defined “fair use” exceptions which a stringent filter will block.
> Other than yes, the most frequent answer I get is "I don't know, it depends.
This is the only answer a lawyer will basically ever give you.
the first time around? _maybe_
after the enormous backslash and numerous expert opinion pieces decrying the exact problems of the proposal? _hardly_
"He looked down at the broad steps they were climbing. They were something of a novelty; each one was built out of large stone letters. The one he was just stepping on to, for example, read: I Meant It For The Best. The next one was: I Thought You’d Like It. Eric was standing on: For the Sake of the Children. “Weird, isn’t it?” he said. “Why do it like this?” “I think they’re meant to be good intentions,” said Rincewind. This was a road to Hell, and demons were, after all, traditionalists. And, while they are of course irredeemably evil, they are not always bad. And so Rincewind stepped off We Are Equal Opportunity Employers and through a wall, which healed up behind him, and into the world."
I disagree. This law was made with the intention of being selectively enforced. This is never a good intention.
Have you read the YouTube terms for original content uploaded by individuals? I'm not so sure doing remixes isn't allowed. If you don't want people doing that to your stuff, keep it off YouTube. I could be wrong, it's been many years since I read their ToS.
The road to hell is paved with good intentions...
Same sad song as it ever was. Keep giving more control to the government and they'll keep ratcheting down the screws on you.
An economic union should be about tariffs and the free movement of goods, not an entirely unelected bureaucratic federal government. Centralizing authority only benefits the well connected political class.
The vote that occurred today was by the EU parliament, which is entirely elected. The directive was prepared inside the JURI committee, which also exists entirely out of elected representatives.
Also, you can't have a single digital market without a single copyright regime. The economic union implies the single market which implies a single copyright directive. I agree that the contents of that directive is lamentable, but the need for one is clear, even for those opposing this particular directive, provided you buy into the notion that single markets should exist at all.
It's amazing that people never see this issue. Everyone needs to stop making bigger and bigger governments.
That actually isn't legal in many countries and is e.g. why regional wikipedia sites don't show movie posters.
Sometimes I feel like the whole world is ruined by ignorant people in power. As for the Internet, it is exclusively being ruined by ignorant actors in positions of state power. All the while, armies of good people make the Internet better every day.
What exactly is wrong with that? Seriously.
If the new product was produced in the US and references material from the EU, should YouTube allow the content to go public? According this and GDPR, the EU has the ability to cross territorial boundaries. So YouTube now has to ban such a work in the US even though our legal system allows it.
Essentially, YouTube will have to create a new process where by all content must go past the censors, who are probably people and not machines. Otherwise YouTube will quickly die due to death by a thousand fines. So much for a free and open exchange of ideas.
In practice, this constitutes the abolition of the "fair use" doctrine on the internet.
This is just a guess but I don't think ISPs are expected to do any form of DPI. The most likely question they will have to answer is "who is this IP address assigned to?" and possibly "who communicated with that IP?". Neither require any form of packet inspection that goes beyond what is needed to perform routing.
Do we really not have anyone better as a source than the Nazi dog guy? http://www.scotland-judiciary.org.uk/8/1962/PF-v-Mark-Meecha...
(Perhaps someone from Open Rights Group or EDRI?)
I think this is exactly what they want. They don't want to automatically tax every teenage kid making memes. They just want to create a legal minefield so whenever they decide a link is not ok they will have a law that backs them up.
In a way it's good because most fair use most likely will fly under the radar just as it does today, but on the other hand it's also scary that you never really know when you are passing the threshold and might face an army of lawyers.
It's very much like patent trolls. They strike like lightning on a sunny day if you happen to build a mildly successful product that can be remotely associated with their patent.
What an unexpected conclusion you are jumping into. I think EU is the only capable authority in the world so far who is not afraid to challenge big corporations in favour of people. (mobile charges, customer rights, Google, Intel, Telefonica, etc..)
I completely agree that there are big problems around EU when it comes to lobbyists around Brussels. In my personal opinion they should be banned from influencing EU decisions. But, just because there is an issue with the car, does not mean that we need to burn the car completely. Better option is to help fixing the car.
However, it's hard to fathom the EU parliament sometimes because it's such a broad and diverse bunch of people and interests forced into such a small political space.
If someone asked me to play devils advocate for this decision, I'd probably appeal to people's fear of foreign disinformation campaigns and the impact they're having on western democracies. I could probably cobble together a semi-compelling argument about how Twitter, Facebook, and Reddit, have inadvertently handed the enemies of the west the most powerful propaganda tool in all of human history, and those enemies are using it to great effect. Or how marketing companies have convinced millions of parents worldwide to not vaccinate their children through the internet. Or how organisations like Monsanto astroturf the web and misquote or misrepresent scientific reports or news articles to make it seem like Greenpeace promote and advocate using DDT.
I'd then go on to argue that information can and must be free to share, but nefarious misinformation should not be free from punishment nor protected by law. And so, the age of anonymous and unaccountable publishing platforms must come to an end. If they don't want to be held accountable for the content they publish, then that's fine. But that just means we restrict the type of content they're allowed to publish. After all, we have advertising standards that the press and broadcasters adhere to. We have rules around when and how "traditional" media can report on politics. So the Youtubes, Twitters, Reddits, and Facebooks of the world can either fall in line with those rules, or carry on as they are but simply refrain from anything that could be perceived as advertising or political reporting... which is pretty much everything except dick picks I think.
Now, I'm pretending to defend this law. Don't assume I believe any of what I just said. I actually think this law abhorrent. And while I do have concerns about the unrestrained power and influence of the web, I don't think this law is the answer to my concerns. But if I put my mind to selling this law to people who don't know as much about the web as I do, I think this kind of argument would be effective. On some people at least. And MEP's aren't technical people. They're political people. And I think it would be pretty easy to scare them into backing this law whilst appealing to their sense of justice, fairness, and honesty.
Newswires aren't free and come with a copyright agreement.
Google's response was to give them better ways of de-indexing content. IE, a way to opt out. Take it or leave it. Naturally, few newspaper took leave it, preferring to get readers & no revenue than no readers and no revenue.
Since then, efforts have focused on turning that around. Give Google a take it or leave it option. Either shut down Google news or pay newspapers somehow. So far, Google have walked a couple of times, when such laws were passed locally.
So yes, Google could end Google news search.
(This dealt with an earlier local version of this in some European countries)
More likely? They drop anyone who doesn't give them a free or very generous rate.
If it's about scraping content and presenting it in a separate feed or otherwise outside of the source platform, I can see why they would not want that.
But I do think that the EU copyright law is significantly flawed because it's purpose is to further extend the already ridiculously over-extended draconian copyright laws that exist in the EU. I don't think the issues they (ostensibly) set out to solve are something that should be ignored though -- Google acting as a biased monopoly which implements features that impact people's ability to make money is a real problem that needs to be solved somehow.
This is just false. bing.com exists. news.ycombinator.com exists. reddit.com exists....
> The fact that they show people's content without giving them page views..
This is just false. Google shows at most an excerpt (that is defined by the publisher) or a headline (on news.google.com). Unless you're talking about AMP, but that's a decision made by the publisher too.
Is it? I mean, sure, far more people use Google than, say, Bing or DuckDuckGo. But there's nothing actually stopping them from using those alternatives, other than the fact that they're not as good.
I agree that regulation might be useful here, and impartial search results are a good goal. But linking fees go against that. If newspaper A wants a fee from google for showing its links but newspaper B doesn't, it would be unfair to the entire market to force google to include both A and B equally. If A and B agree to charge google the same fee, that sounds a lot like a cartel doing price fixing, which is already illegal. The government could set a fixed price google has to pay, but at that point we have given up on finding a free market solution, so that's a last resort that isn't nessesary yet.
It's fine that people can demand money for links, but I don't see any scenario where this would happen in reality.
Think about how grossly afflicted with clickbait the news ecosystem is today, and then imagine how much worse it could get if Google were legally prevented from even attaching a blurb to the links that it shows users.
Also by previewing they prevent load as well and boost relevance. That favors real data instead of SEO page caching garbage that tries to get matched to every common keyword. You do not have a right to a business model, much less it being unchanged by time.
Are you talking about AMP?
If we look at the DMCA notice[2], you'll see that the claim was made to Google that a song belonging to Real Housewives of Melbourne breakout act, Gamble Breaux, was used on the site. There is no such song on the page.
Here's a few other sites that were taken off of Google with that claim. There's a theme.
- https://www.wbs-law.de/urheberrecht/eu-abstimmung-morgen-dro...
- https://torrentfreak.com/popular-torrent-and-streaming-sites...
- http://www.spiegel.de/netzwelt/netzpolitik/leistungsschutzre...
[1] https://juliareda.eu/2018/05/censorship-machines-link-tax-fi...
In 2007, a website appeared, that criticises the law, and claimed that using a web crawler, they had found that actually over 95% of the blocked addresses contain only legal porn. Also legal gay porn was quite overrepresented in the block list. Occasionally also for example www.w3.org was on the block list. And a memorial website for a dead princess of Thailand, which caused a minor diplomatic crisis, since defaming the royal family is a severe offence in Thailand.
And then in 2008, the Finnish police also added the aforementioned criticizing website to the block list, although the law clearly said that it applies to blocking foreign, not domestic, websites.
It is significant because while network-level filtering is potentially more destructive, the agency in charge of enforcement of the russian law (Roskomnadzor) stumbled upon cryptography (who could have thought!). Their IP-level filters don't work for TLS, so the only option they are left with is all-or-nothing block by IP. This kind of censorship lacks subtlety, therefore big companies have some room for negotiation (small ones get banned without any questions asked).
The EU law doesn't even bother with networks, it threatens companies directly. And the EU market is large, so tech giants won't just shrug, they'll probably choose to comply.
"If you are using the internet to actually learn, you are using it wrong, that is why internet must be reduced to TV + storefront."
Regarding voting too: just compare the number of bits per ballot (log2() of valid number of ways of filling in the ballot) with the number of bits of compressed text of all changes in law during a term. It's not a vote or voice, the information flows in the opposite direction. It just projects the law on our supposed desire. demokratia or demophimia (muzzling/gagging of the people)?
There is probably a similar pattern of ignore the small players in other new EU laws, but since it's not my industry I don't hear about them.
GDPR arguably hurts small players most. Mismanagement of a single users data could cost the farm. It greatly increased the cost for small businesses to do business in Europe.
No it couldn't. This is a distortion that has been repeatedly debunked.
Here's a company who had a legal obligation to register with the UK ICO, and they didn't. They were handling medical data. Far from "losing the farm" they didn't even get fined. https://www.bloomberg.com/news/articles/2018-04-26/u-k-healt...
I would strongly argue that the UK has a longer history of independent judiciary, both capable of standing up to misguided legislation, as well as willing and enabled to do so, with the sense of purpose, clarity and finality, which [at least apparently, or perceptively] absent features are longstanding argument behind EU cecessionism.
On a side note I do wonder if Amber Rudd passed along the necessary hashtags to Theresa May before taking the fall and hanging up her clipboard.
It's dire all over if the best we can say is we've got the least of all evils. Sadly, that appears to be the case, even with this disastrous legislation.
What? Did you swallow some fake news or did I miss something massive?
---
Downvoters, this is not Reddit. The top Google results for "UK WhatsApp Ban" are all related to this - https://www.express.co.uk/life-style/science-technology/9521... - which is EU rules causing age requirement to jump from 13 to 16.
Is this what you are referring to?
I am not British and I don't (nor have I ever) live in the UK.
I also have a very limited knowledge of that culture and economy, garnering most of what I know from reading the LRB every few weeks.
But all else being equal I am happier in a world post-brexit because I want very much for there to be diversity in governance and nation states.
I realize it creates inefficiencies and I also realize that to what degree you can say states are "competing" with each other for citizens is quite low (since it's a fairly sticky relationship) but I want some diversity to exist.
Coming up, we're also working on IP masking (onion layering), and we already have an option to do end-to-end encryption (which prevents middlemen from being able to read your data).
If you are passionate about this stuff, there are a lot of projects moving in this direction and all Open Source, and they/us/them could really use help/contribution! Political reasons only shorten the timeline on needing this.
Not everyone! ;) MIT licensed.
I don't know how you came to that conclusion. Did you read the legislation? Which points of this legislation made you think that this is "enough to change view on Brexit" ?
EDIT: Well, downvoting this comment will not make the discussion any better. I've read most of the legislation, that's why I am asking why OP is reacting like that, wanted to clarify his objections (if any).
At the risk of sounding like a freshman libertarian.
Not that there's anything wrong with that...
GDPR builds on previous EU privacy regulation, some of which has existed long before the US tech giants.
Here's the Council of Europe's Convention number 108, introduced in 1981. https://www.coe.int/en/web/conventions/full-list/-/conventio...
Hesse, Germany,introduced data protection law in 1970. Sweden introduced national law in 1973. Germany in 1977 and France in 1978.
The OECD introduced guidelines in 1980.
The Council of Europe had Convention No 108 in 1981.
https://books.google.co.uk/books?id=tyfYCgAAQBAJ&pg=PA47&lpg...
My source is the Finnish tech magazine Mikrobitti [1] which gives a link to the vote results [2, p.38]. I'm sure someone will eventually post a more readable list of who voted what.
[1] https://www.mikrobitti.fi/uutiset/mb/4a70c290-cc01-4789-b0e2...
[2] http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2f...
For the specific breakdown of the Digital Single Market vote, see http://www.votewatch.eu/en/term8-copyright-in-the-digital-si...
Currently, yes, but that is, as far as I understand it, something this directive actually makes better. Article 13(2b) requires "effective and expeditious complaints and redress mechanisms that are available to users in case the cooperation referred to in paragraph 2a leads to unjustified removals of their content. Any complaint filed under such mechanisms shall be processed without undue delay and be subject to human review".
Also, "Member States shall also ensure that users have access to an independent body for the resolution of disputes as well as to a court or another relevant judicial authority to assert the use of an exception or limitation to copyright rules".
Also , the major issue is not so much with the process of takedown itself, but with the "terror" it inspires which will lead to the end of the "meme culture" upon which internet media rely on. It's not so much about the number of take-downs , but about the number of people that will quit before even trying.
On a side note, there are a lot of information on several EU websites about procedure, steps, people, etc, for example :
- http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/20... (mobile version, I'm on my phone)
- http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2F...
Also, with a timeline : https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=CELEX:52...
The most controversial articles 11 and 13 are included in their entirety.
If you find a book on the ground, or read it in a library, or learn of its contents any number of ways without entering into even an implicit contract with the copyright holder, you are not then entitled to publish the contents without limit.
It's the only peaceful way to govern copyright.
>but it's hardly the case currently.
You should advocate it to be the case or else you will suffer more and more socialized enforcement of a contract in which you are not a party.
And if the contract is violated and the violator taken to court and the court rules against them and they refuse to pay restitution? Without the potential of government violence brought to bear, there is no point in contracts in the first place (except in the general sense of an agreement that includes 'go against me and I won't associate with you again'). But, however, if there is no government violence to be rendered applicable in any case, that does open the opportunity for the violated to employ violence directly. However, it also puts each individual in charge of insuring themselves against appropriation of their own property by means of said violence. So, at a minimum, such a position wants to establish the collective garnishment of funding for 'police services' to protect such rights, yet this is fundamentally in favor of those who have a greater quantity of property to protect, as the owners of such will (as history shows) that they should be required to reimburse no more than any other member of the collective, and if they do, then they are entitled to greater service, leading, again, to the same asymmetrical form of society, where all are equal, but some are more equal than others.
>if the contract is violated and the violator taken to court and the court rules against them and they refuse to pay restitution?
If you're entering into a contract with someone and you're worried they won't pay restitution, mandate terms in the contract that require up-front collateral for a performance penalty. Problem solved.
Each person in the stage of production has the appropriate incentives to collect payment and protect their property. The reason why copyright law has been perverted is because there are distribution companies who'd rather not pony up performance capital and want to socialize the cost of enforcement onto the state.
Your definition is some alternative Libertarian definition of what copyright could be in an alternative society.
Update: I cannot comprehend the reason for downvote without reply. You provided a false definition of Copyright and I provided a correct definition along with why your view might not be the reality.
I'd be fine with automatic content tagging if at the same time false copyright claims by someone who does not actually hold the copyright would lead to a hefty fine and/or be considered a crime.
Right now, large corporations seem to spam the systems with automated take-down messages without any control and any incentive not to do so, to the effect that actual content producers have almost no way to defend themselves against false claims. Every youtube channel owner can sing you a song about that.
That's a problem for both the US and EU copyright system, but it's also not clear to me if and how the forthcoming EU directive would fix that problem. For all it's worth, it seems to make things worse.
Actually, adopted amendment 160 reads:
> Members States shall ensure that online content sharing service providers referred to in paragraph 1 put in place effective and expeditious complaints and redress mechanisms that are available to users in case the cooperation referred to in paragraph 2a leads to unjustified removals of their content. Any complaint filed under such mechanisms shall be processed without undue delay and be subject to human review. Right holders shall reasonably justify their decisions to avoid arbitrary dismissal of complaints. Moreover, in accordance with Directive 95/46/EC, Directive 200/58/EC and the General Data Protection Regulation, the cooperation shall not lead to any identification of individual users nor the processing of their personal data. Member States shall also ensure that users have access to an independent body for the resolution of disputes as well as to a court or another relevant judicial authority to assert the use of an exception or limitation to copyright rules.
List of amendments (adopted and non-adopted): http://www.europarl.europa.eu/plenary/en/report-details.html...
Vote result of each amendment: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2f...
Edit: PDF of all amendments adopted today (includes the full amended text of articles 11 and 13): http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//...
Until of course the filters take his legitimate content and claim it as somebody elses
In a few years the EU could be on it's way to undo the linktax again, who knows? Meanwhile there are other EU proposals on the way that are also interesting for tech people, not only the linktax and "delete terror in 1 hour or else"... And non-tech proposals too!
I do believe that it'll be possible to work with the filters and link tax considering some edits during the initial phases did disarm the worst of the first proposal (it's still not a very nice one).
Disclaimer: I operate a platform for user generated content in the EU as well as working for a platform for user generated content, HQ'd in the EU, my views may be biased.
That's why we've not moved on from representative democracy. The problem is the representatives are supposed to represent the people - and the people think they do (or try) - but in practice the representatives often don't.
In the UK we very rarely get chance to influence decisions, instead we get to choose the people who will decide, and they almost? always lie about how they will make decisions and what will influence them.
PR would make it better, but reduce the power of those who need to decide to give us PR.
I actually believe the ``link tax'' is less bad than the content filtering. Because it only governs Google publishing snippets of articles. That is pretty close to Google 'stealing' the article from websites. (Similar to google's AMP cache)
No, this means that when you get over 10 mil euro, then you have enough money to pay for third party solution to content filtering. This costs couple of thousands a month and you are covered. You don't need to create your own ContentID platform to comply with the law.
It is possible to lodge a complaint with the Commission if transposition is deemed inadequate (and I'm sure copyright holders would do exactly that), and the Commission may bring a case against the country before the ECJ.
See: https://ec.europa.eu/info/law/law-making-process/applying-eu...
The EU is failing in both the tech sector and the media sector. This is just sacrificing one to slow down the other's decline. Censorship is a bonus but it's not the goal, just like privacy was a bonus and not a goal of GDPR.
>Another reasoning could be to "prepare" a censorship infrastructure, but I can't find any hard evidences to this.
The only thing you need to watch for right now, and what will be seen in the future, is uneven enforcement. You'll have a choice to either censor material Europeans [are bound by law to] find offensive, or face a nice fine. Again, much like GDPR (though that law is also designed to get big tech companies to pay their taxes). This probably will come in the form of a deal with companies that won't be disclosed to the general public, but it's a nice backdoor way to get around US law which correctly doesn't require such censorship.
Your example is actually a good one: The Netherlands might have added that the document must be legalised but their law still matches the directive's requirement and the added restriction is neither unreasonable nor onerous and might keep in line with the country's practices.
The bottom line is that those who hope that transposition will change the directive in any meaningful way are going to be sorely disappointed.
All you need is a privacy policy and the ability to delete / return customer data when requested. But that doesn't have to be in real time/automated, you can just set up an email address and respond manually. It's rare you'll even get a request if you're a company with such a small IT budget.
All the other things (double opt-in email, not contacting your customers in an unsolicited way) are process changes that can be implemented without IT cost.
Much as I hate to admit it, the biggest reason US tech companies have been so much more successful than European tech companies is that the US imposes far fewer regulations, which allows companies to use more of their revenue on growth.
The copyright industry and their bought-and-paid-for politicians have repeatedly demonstrated that they have no mental model for such forms of distribution. Have you forgotten the panic that ensued fifteen years ago, when the music industry was suing middle schoolers?
(The irony is that the very same platforms these industry lobbyists are whining about only became popular because they killed P2P via the courts.)
The physical equivalent is more like you sending pirated dvd's through the mail to your entire neighborhood. The equivalent law would then require the post office to check all packages upon sending to verify that they contain only content which is not pirated, which for privacy reasons they do in an automated way that sometimes blocks the package with the family movie you're sending to your mom (because your daughter was wearing mickey mouse ears and the automated check thought it was a disney movie).
Oftentimes when you physicalize online legislation it becomes apparent just how invasive and silly it is.
Give the government power to take away your rights, that's indeed what it will do.
I guess it’s true that some people in positions of power view themselves as rules over others, but I always thought that most people here in the western world held the view that the government exists to serve the people, not the other way around. Is this not the case?
There is plenty of things the government can spend their time on that is actually beneficial to its people, including:
- Regulating industry where necessary to protect employees and the public from harm; physical, economical, psychological, privacy, or otherwise.
- Negotiate with other countries so that mutually beneficial agreements are reached with regards to import and export of goods, as well as immigration, emigration and travel relating to the exchange of labor forces.
- Creating and enforcing laws for how the public is allowed to act so as not to cause harm. Things like laws that prohibiting DUI etc.
- Coming up with ways to protect and help people that get sick or have permanent illnesses or handicaps, to ensure that everyone can have quality of life.
That is what government should be about, not about control for the sake of control itself.
You can say that it exists to serve people but then you have to say which people exactly :) Because I think the willingness of the government to serve people is directly proportional to the depth of the pockets of the people in question.
This just isn't true. The rest is garbage in, garbage out.
Many US newspapers now redirect to tronc.com for a standard disclaimer.
For example, the LA Times redirects to http://www.tronc.com/gdpr/latimes.com/, which says this.
Unfortunately, our website is currently unavailable in most European countries. We are engaged on the issue and committed to looking at options that support our full range of digital offerings to the EU market. We continue to identify technical compliance solutions that will provide all readers with our award-winning journalism.
The Frederick News Post of Frederick, Maryland does this.
How do I know? I don't. Maybe it does track users. But the website was used as a counter example to "forces every website", and a hypothetical news.ycombinator.eu which doesn't track users or keep any PII on them (conceivable by any reasonable person) is acceptable as a counter argument.
The point stands. GDPR doesn't force anything. It just prevents you from tracking people silently.
Exactly. The only thing that every EU-based website should have is a data protection statement. The one on my blog is short and stout:
> No system under my control records any personal data of users of this website.
I also have an imprint because German law requires it. The regulation is clearly aimed at businesses, for private websites it just makes doxxing easy since I'm required to put my post address on there. (I considered getting a PO box, but going to the post office to empty it is pretty tedious.)
And who would read MEPs reasonings about something "uninteresting"?
So, yes, there is plenty of room to improve democratic processes today, especially with the communication tools we have. However, I guess that laws which make things worse for the general public but are in too complex niche areas for people to actually realize the issues, will ever remain a problem. Try ask your non-tech social contacts if they consider it fair, that big internet companies like Google don't have to pay for other peoples' work. And this is the narrative of the supporters.
Perhaps not the general public, but the problem for MEPs would be that evidence against their integrity may accumulate from different cases.
Just the last sentence is wrong. The EU isn't a mess in terms of IT, it's merely irrelevant on the global consumer market.
As someone who's spent a significant amount of time in each of those cities and all around both the US and Europe, I can firmly state that this is _not_ true.
The cultural differences between European cities is vastly overrated. On the other hand, the differences across the US - particularly differences between urban metropolitan areas and everywhere else - are massively understated.
What about the cultural differences between SF (or Detroit, Seattle, any other big city) with small town America?
Financially that's also true. The median income in Bulgaria is a few hundred dollars per month. The extreme variance between the countries at the top of the EU and the bottom, is far beyond anything you see in the US between states. There's an eight to ten fold GDP per capita gap between Bulgaria and countries like Denmark, Ireland, Netherlands, Sweden. In the US, there's close to a two fold gap between Massachusetts or New York and West Virginia or Mississippi.
Honestly - Have you lived in all of them, like me?
> city is as technologically dysfunctional as their European counterparts.
You mean.... Like Estonia that is 100% covered by LTE, while RI has dead zones? Or the fact that FinTech startup funding is highest in London?
Geez!!! I didn't think that nationalist ignoramuses have spread to HN.
As a small business you can comply with the GDPR fairly easily unless you have no regard for anyone's privacy to begin with. And even if you're not 100% compliant you won't be insta-sued to bankruptcy, you'll only be reported and the relevant data protection agency will check on you. The GDPR encourages data protection agencies to help businesses fix their problems and only use fines as a last resort for gross violations and wilful negligence.
Unless you're storing/processing information that has special protections (e.g. religion, sexual orientation, medical data) the bureaucracy is also fairly tame, especially for small businesses, especially for businesses that aren't at their core based on processing personal information (e.g. not online dating startups).
Compare this with the "upload filter" as it has been interpreted in the media so far: allegedly every website that allows users to upload content would have to implement their own Content ID database and sign deals with publishing companies or license filtering services.
Why the EU specifically? I'd say, most states and groups of states have this attitude nowadays.
Commenting narrowly on just the EU implies nothing, in any way, shape, form, or manner, about other entities.
How would the EU block them? This is especially important if the Russian or Chinese entity has no locus or presence in Europe.
(for instance, would you be able to get around it using a different DNS, or by using a VPN?)
Agreed. It was a much better place.
Web 2.0, [...] refers to World Wide Web websites that emphasize user-generated content [...][1]
So while in the beginning most users were also authors, there was a time between when there were a lot of websites which served content, but didn't let users add theirs. At that time guestbooks were to only place you could add content to someone elses website. To some degree message boards where the start of the Web 2.0.
I'd argue that 80% of statements made by political actors are about spreading misinformation (or fake news), misinterpreted (misreading latest wikileaks reports) or deliberate lies to drive a point home (immigrants are driving the UK economy down!). For example when the US reps states "we found nuclear guns in Iraq" is it a valid statement or nefarious misinformation. Does prior experience by an actor amount for anything? Who gets to decide?
Wouldn't that also preclude inclusion of the title? How would single word descriptions even be meaningful beyond being used as citation link anchors?
Give the exact quote a Google for a laugh. It really is the most nonsense anyone has ever fit into a single sentence.
Summary: https://www.independent.co.uk/life-style/gadgets-and-tech/ne...
- https://gitter.im/solid/chat (Tim Berners-Lee system)
- https://github.com/ssbc/patchwork
- https://gitter.im/datproject/discussions
etc.
Guess history truly does repeat itself.
Liberal democracies are generally given more of a benefit of the doubt when it comes to their anti-liberal policies (eg Patriot Act), as it pertains to the seriousness of the threat they represent to the well-being and freedom of the population. That is, it's not anticipated or widely feared that those policies will next lead to vast gulags and the near total elimination of all human rights.
Human Rights Watch just put out a hundred page report on what's going on in Xinjiang. To paraphrase their findings, what's going on in China is the most repressive large-scale effort seen in the country since the cultural revolution days of mass murder and purge.
With China, given they're already an authoritarian dictatorship with few human rights, and they're regressing rapidly from the small gains they had made, there's a built-in legitimate fear of its surveillence programs being directly used for terrifying things. Indeed, it's happening right now.
And the reality for those of us that don't like it is that authoritarianism doesn't appear from nowhere. It appears because of the prevailing attitude of large segments of the population.
This means that criticism towards authority is generally received with skepticism and a very high evidence standard is used to judge the 'correctness' or the 'paranoia/conspiracy' of the claim. This while simultaneously accepting authority claims with little questioning and zero, even negative demand for evidence.
I would agree the down voting is uncalled for given the good nature of the question. But given the previous explanation, I'm not surprised by it.
Edit: spelling
And now we are stuck with upload filters.
Why?
If, for instance, the left side of your single digital market has a copyright duration of 70 years after the death of the artist, and the right side has 90 years instead, then in effect, it's 70 years even on the right side because anyone can just go to the left side, trade copies of the expired works without paying licensing fees, then come back to the right side with those copies (because it's a single market).
So in effect, the regulation of the whole market is the weakest regulation of any part of it.
[1] http://ogp.me/
I don't think so. I think MEPs are much closer to members of a state-congress in the US than member of congress. With the equivalent of a member of the US congress being a member of some national parliament.
My criterium here is how fierce the campaign is to get elected. At the very least here in the Netherlands, the campaign for the European Parliament is nearly an afterthought in the news. It ranks far below the campaign for the German parliament, let alone our national parliament.
What's the salary and expenses package like in a state congress?
"[..] expense payments of €4,416 per month are given to MEPs as a lump sum in addition to their regular pre-tax monthly salary of €8,611. They are not required to provide any proof of how the money is spent"
sources: http://www.europarl.europa.eu/meps/en/about-meps.html and https://www.politico.eu/article/european-parliament-corrupti...
The fact that MEP compensation is so good, whilst public scrutiny on who gets seats is so lax is even worse.
The directive (Article 13(2b)) requires the service providers to provide an "effective and expeditious" complaint mechanism for unjustified removals with human review, though.
As an example note that this very website heavily prefers the original title for the link text, only changing it when substantial updates are made or the original title is heavily biased.
Depends on how you define "better".
I would argue that a rewritten title you can read is "better" than an un-rewritten title you can't read because the site couldn't "link" it without risking a lawsuit or signing an agreement.
Original title: Hurricane Florence’s Path: Winds of Category 2 Storm Hit Carolina Coast
Alternat title for the link: Hurricane Florence hit Carolina coat, category two
https://www.nytimes.com/2018/09/13/us/hurricane-florence-pat...
Would that really be the same as translating someone’s book? I’d argue that if I can’t do this then I can’t link at all (without paying a license) and that breaks the web. Which I realise is the argument against the legislstion, but I don’t think is the intent, albeit that the intent is shortsighted.
rightly, they're going after the newspaper.
it's disingenuous to suggest youtube only makes tools for video content distribution whilst omitting the fact that they are the only consumers of those tools.
https://support.google.com/news/publisher-center/answer/7526...
This opinion only ever seems voiced by Americans offended that their darling tech megacorps be subjected to any law or regulation that isn't American.
EU elections have a rather disappointingly low participation, it's no wonder that things get lobbied into existence.
Representative democracy is IMO the most effective form of democracy for large scale hierarchies of authority, at least if you want something democratic. (There is always the option of a benevolent, immortal god-princess but we lack candidates with qualities in the categories benevolent, immortal and god-, not for a lack of belief or trying)
But, it relies on honest, forthright representatives and the people who covertly back most of those representatives are getting better at lying and presenting a fake reality.
This breaks democracy.
We need laws like they have for financial adverts on the radio, so when the drugs minister speaks about illegal drugs she has to say "my husband owns the largest cannabis producing company in the UK, and I personally profit from sale of cannabis products due to their health uses; but despite this cannabis growing will remain illegal here, I benefit financially from that".
That's not an isolated example, all the Tories appear to have other interests above their constituents. PM May's husband profits from companies seeking to avoid UK tax, he also presumably has insider information; the chances of May making a decision that negatively impacts her husband's interest in a reportedly £1.4 Trillion are probably infinitesimal -- regardless of whether that benefits the country and/or her constituents.
Before every party political broadcast they need a list of the manifesto promises they made for the last election, and whether they met them. Remind us to look most carefully at who we choose to represent our interests.
Mark my words: if this were enforced, people and most companies would simply stop linking these sites. What I think will happen instead is that many websites would not want this kind of situation, so we will add a new clause to the robots.txt permitting linking and small snippets, and most websites would enable it rather than lose the link and search traffic. Then we'd be back where we started.
By the way, what happens when an European newspaper is hosted in US? What laws apply?
Maybe search engines could adopt some sort of standard that would allow pages to provide their desired description using meta tags if they don't want an automated summary. I could see a problem with pages using dishonest summaries, but perhaps that could be addressed by penalizing the page rank if the provided summary is too different than the summary that Google would have generated.
Whats happening in real i think is that EU realized it will never be able to chop Google or Facebook in pieces so they make it harder for these companies to exist on local market. At the end of the day free market still rules in Europe - if Facebook disappears their hole will be quickly filled in with 20 other social networks “made in European Union”.
EU laws already cover EU companies as a matter of domicile. GPDR only applies the rules of service delivery already present in EU. EU service delivery rules say that a service is delivery point is considered the place where the service consumer is, not where the provider is domiciled.
YouTube regularly blocks fair-use videos (remixes, criticism, etc) because the automated filter finds something that matches and can't recognize context.
Google regularly gets DMCA takedown requests for search results that go to official websites and YouTube ads/trailers.
My Facebook feed is covered with old acquaintances sharing news links and other such content.
It seems like it would be really easy for Facebook to run afoul of this, just due to others' incompetence.
Real regulations about this stuff require real technical expertise, and it's going to be at least a generation before that expertise exists in the political class. The alternative is to let the tech lobby write the regulations, but booooooooo.
> The Commission’s proposal “would hurt anyone who writes, reads or shares the news — including the many European startups working with the news sector to build sustainable business models online,” Google said in a statement.
No, but I have to correct myself. I don't assume they are actively "in favor" but that they will passively benefit in a post-law time.
> Out of interest, can you name another example where the EU was authoritarian (acting in a way that the British government wouldn't have)?
I can't really speak to things the EU would do that the British government wouldn't - as you've already said, the UK government is pretty bad too. But we have more democratic control over the UK government than we do the European, because it's more localised. I've heard many examples of overreaching EU directives through listening to parliamentary debates but my memory sucks, so I'll give you a couple of examples that I can remember without re-researching the topic: the EU national fishing quotas (famous for decimating the British fishing industry), and the EU's "enthusiasm" for collective bargaining at the WTO. Rather than negotiate directly, many of Britain's trade agreements are bundled up into the EU's and then the EU makes special concessions to Britain. We've actually been historically quite good at forcing the EU to give us trade concessions so as far as I am aware it's not been too harmful to our prospects (I welcome a correction from anyone more well-versed in the UK's international trade standing) but it's still an example of EU authoritarian practices.
Excuse the triple pun, but speaking of "in net", I don't see how EU national fishing quotas are an example of authoritarianism. I suppose you are saying it is an example of state-overreach, but my understanding is that the quotas are set to avoid over-fishing of British waters (a problem which has historically done more to decimate fish populations than any EU politician has), and to allow an open market for deciding which fishing companies are allowed which part of the quota (leading to better prices for the consumer). You may not like the idea that non-British citizens can fish in British waters, but it could equally be argued that it would be state-overreach for the British government to effectively raise the price of fish to give a subsidy to British fish catchers.
This is true, but the Queen's job to sign new laws is purely ceremonial at this point, and while I can't democratically affect the House of Lords, I can affect the House of Commons and the Cabinet. The House of Lords is a bit of a relic at this point and though I don't know of any bad things they've done, I am skeptical of their existence.
> It's true that your MEP has a wider constituency than your MP, for example, but as I see it, the "less democratic" EU is actually undoing the authoritarian tendencies of the British government
This is not the EU's job. It is the remit of the British people to hold our government to account, not an even higher, more abstracted government that is even less accountable to the people. The EU can make good decisions and bad decisions, but in either case it is unaccountable to the people it is supposed to serve.
> I suppose you are saying it is an example of state-overreach, but my understanding is that the quotas are set to avoid over-fishing of British waters
This is the same as above. As an island nation with limited resources we have to manage our ecology and stocks of fish. The EU is not in the right position to do this. Our fishing industry has been suppressed leading to even less job opportunities in the coastal North, but then Norway (which is not an EU member but has mutual fishing agreements with it) is permitted to come in and fish our waters. So you don't even get the theoretical benefit of the EU's legislation in this case, because the EU has handed the supposedly-restricted fishing rights to another country that is only bound by trade agreements, not membership under a unified international court. And I have to ask - who benefits? Because the EU negotiates over all its member states, and this arrangement certainly doesn't do Britain any favours. I did enjoy the pun though ;)
> it could equally be argued that it would be state-overreach for the British government to effectively raise the price of fish to give a subsidy to British fish catchers.
Excluding transportation costs, this might be true. But we're not talking about an open market - the EU licenses which countries can fish British waters. If Norwegian fishing boats are collecting British fish and selling them from Norway, there are two options: 1) they aren't selling them to Britain, leading to a simple drain on our natural resources, and 2) they are selling to Britain, adding transport costs (both fiscal and ecological) to the production of fish, meaning increased costs. I agree with the need to regulate the waters, but it should be Britain that manages its own resources (after all, the incentives are aligned to provide for future generations, 5-year election cycle notwithstanding) by capping the fishing, but choosing for itself which fishing vessels get to harvest our waters. This way Britain can balance its own interests between increasing supply of locally-caught fish, and exchanging use of our natural resources in mutually-beneficial international exchange.
In July 2006 a legal challenge started. By 2014 the directive was ruled incompatible with the EU charter of fundamental rights. It took a while, but that's due to having to go through your own country's courts first for a referral to the ECJ.
> I would strongly argue that the UK has a longer history of independent judiciary
Yes. I could equally strongly argue that the UK has a longer history of the judiciary delivering very favourable decisions that fly in the face of basic logic and rely on the privilege of the judicial classes.
Unfortunately I cannot disagree.
I certainly had a much longer history in mind, as well as being selective to begin with the start of the twentieth century, whereabouts the modern system of judicial thought appears to be becoming established, and largely healthy in the broad directions.
(For personal context, my father was born in 1907. Illegitimate, because his father, fearing debtor's prison caused by a profligate young business partner, shot himself, unknowing his wife, at 43, was with child, my father. Ensued flight from our locality, the social opprobrium literally excommunicating. Paperless, illegitimacy was illegitimacy, I will never know how my father, late but present, attended a good school on scholarship, the only document most people ever then could show, unavailable. He couldn't vote, until marriage and property ownership, conveyed superficial ascendancy to the class system. Outright property ownership was still necessary to vote, during his youth.
So, very generally, I think the animus of the judiciary, began to turn, during the years my father grew up. This was in wide canvas a positive effect caused by legislation. But legislation followed countless decisions that created a weight of case law leaving legislators little option but to relieve the courts of the eash of applications, and relieve parliament of increasing embarrassment the result also inadvertently of the suspension of the Houses during wartime. So then we arrive at the classical post war history of equality in the workplace and massive massively painful demographic adjustments that only died out, never were truly assuaged.
I believe that bu the nineteen sixties, the judiciary began to asset a collective sense of greater immediate responsibility. Not least a generation among them by this time ascended or even rocketing to on high, since no encumbents sat above them - although few officers, comparatively, died in the Great Ear, appetite for public service was greatly diminished by experience personal and emotional as well as utilitarian futility. If not life, then so much hope for life, was denuded from a generation whom we don't immediately suspect to be ear casualties. This, too, was (immediately post war, from 50 anyway) the time of great individualism in the Bar. Desire to speak forth, rather than sit in Review, appealed to heartbroken men. Counterintuitively, the common trenches of the first, spurred little individual cry - the nation was st home, almost all, the war a newspaper report of alien incomprehensibility. Counterintuitively, considering that total war, involving all able, promoted iconic, stereotypical, nonconformity and isolation self ideation of a supreme personal victory. My own pet take how individualism was acceptable in total war, arose from the beginning of the concept of universal sacrifice of workshops, farms and all for the effort, leading to a new search for identity. Thus"we're all in it together" did not resonate with the irony it probably should. Unfortunately, this set a dangerous precedent, of heroism and the diminution abstract, of collective costs of war, which mars our vision and sensibilities, today.
I can't fairly stud my comment with case examples, because without a thorough survey and definitions chosen after thorough triage, I will crudely sculpt citations and findings from insignificance into fractured lay icons, else omit the most emotionally charged decisions for completely over sensitive reasons; I should make a complete hash of tracing the notable cases in isograph landscaping for beneficial study of the landscape formed by the nation's elements in fullest force.
It is altogether too easy to speak of exceptional counsel the oratory and the skills of summary, and never know when you are reviewing the true seismic shifts of history.
But I will - I have been in undercurrent throughout my comment - guiding by the hidden valley of my argument, the reader of my thoughts towards my perception that the judiciary took a conscientious active role, forcibly I think, from the time of first post rationing government. So much was in flux, I don't think of party politics before about 1965. This is totally arbitrary on my part, no different from opening a dictionary close enough to the first letter of the sought word, to be convenient.
I offer a single reason behind judicial activism, as relatively speaking certain rulings arguably might be considered: cold war and specifically the outlawing of the Communist Party Of Great Britain. I think the acquittal of Jeremy Thorpe, for example, was intended to relieve others of the the danger of blackmail.
It's indeed a pessimistic opinion but I understand where it's coming from based on where you live. I was born in authoritarian country also and lived in it when I was a kid, I am living now in western democracy in EU and based on my experience, knowledge and after reading most of the legislation myself I am more optimistic.
That’s how it worked in practice.
How can anyone reason that publishers should be paid for the major share of visitors Google forwards to their content? Of course publishers have every right to de-index their content from news, search or both and the tools to do so have always been available. However apparently they had to be reminded explicitely.
Google, or similar services like Apple News, certainly can't be forced to pay for content they don't want or need.
So yes, P2P/decentralization is a perfectly legal alternative for the time being.
And while this may work(1) for a theatre-model (where the consumptive act can be funneled into a tightly-controlled venue (which is something I already posted about a few day ago, so I won't repeat that but what is necessary)), how is any mechanically reproduced media to be distributed to individuals? That is to say, DVD and Blu-ray and such media, electronic books for sure, and, possibly, physical ones as well, and any and, essentially all, material delivered to the individual for (relatively) private consumption.
(1)[And even then what of 'media laundering'? It may be illegal for a third party to interfere in a contract by, say, bribing the contract signer to break said contract and distribute an copy of the media in violation of contract, but, say, if one or the other party simply leaves it in the middle of the street and someone unassociated with any of the involved parties picks it up, they could then distribute their own copies of said media at will, legally.]
Under such a system, where does the contract into play? For example, your posts in this conversation, which are conveniently protected by copyright law as it stands now from being appropriated by myself, or any other reader, to use in whatever fashion we please. Should we have begun negotiating these posts before we knew what we were negotiating about?
> The two parties willingly choose a court to fall back on if their contract needs arbitration.
But, again, what does a decision one or more parties are not 'compelled' to follow matter? There are only two alternatives: either everyone agrees that they can't be held to account because they refuse on some kind of intellectual/moral/ethical grounds, in which case, the only consequence to being a bad actor is the likelihood of reduced future business with the offended entity (and even that is not assured, based on the state of the market, localized monopolies, power relations, etc), or it devolves into a shotgun wedding.
> The reason why copyright law has been perverted
From Tsarist Russia to the Act of Anne in Britain, copyright began as state censorship, so arguing for some 'golden age' (other than the vaguest wording in the U. S. constitution) is to ignore history.
You either believe that I have the right to my own memories and I can talk to my friend or you think I should be fined/imprisoned to subsidize a particular business model.
Supposing there are only two alternatives and that the elimination of the one vindicates the other is at best intellectual laziness and at worst disingenuous.
One could posit you shouldn't be able to read poetry in the first place, so the rest becomes moot. And I would probably bet there are likely many more alternatives that someone more intelligent and more erudite than I could conceive.
First, you erred in thinking there only two poles in this argument. Then you erred by ascribing me to either one of them.
You, of course, are always free from this point forward (I wouldn't propose that you revisit all your former post as that would be an undue burden), but you are, of course, free from this point forward to prefix your further posts with: 'this post is hereby released under the terms of the CC0', or something equivalent.
Be the change you want to see in the world.
No, Communist are against “private property” where “private property” is specifically defined as exclusionary ownership of the means of production. If it isn't specifically in the means of production, “private property” in sense the term is used in the modern capitalist world is not “private property” as opposed by Communists (in more like what many Communists accept as acceptable “personal property”, which again is different than what that term means in capitalist society.)
And it's not clear to me that intellectual property (or other intangible personal property not representing control of tangible goods), strictly speaking, can be a “means of production” in the sense Communists are concerned about; it's certainly not in the sense of basic Communist theory.
...and in this case it's the intellectual property of content providers who use it to run their business.
>And it's not clear to me that intellectual property (or other intangible personal property not representing control of tangible goods), strictly speaking, can be a “means of production” in the sense Communists are concerned about.
Even if we ignore how this law was created to help private media companies that are vilified for controlling the press, I'm sure that we can agree that media companies do depend on the existence of strong intellectual properly rights to run their business. That's pretty much thr central argument: if they can't enforce their rights over their private property them it ceases to serve its purpose as a means of production.
Be that as it may, I don't get your point. Communists opposing private property, therefore I, as opponent of the "law", must be a communist? Please, I expect better from the HN crowd, although not from the insufferable mr. Rohde, MEP.
I'm not defending the idea. I'm pointing out that the accusation is not baseless. If you oppose the right to use private property as a means of production, and consequently oppose a law that enforces your right to profit from your private property, then you're clearly advocating a basic communist dogma.
If the PDF (https://juliareda.eu/wp-content/uploads/2018/09/Copyright_Se...) posted elsewhere in this discussion is accurate, Article 13 paragraph 3 was amended:
> When defining best practices, special account shall be taken of fundamental rights, the use of exceptions and limitations as well as ensuring that the burden on SMEs remain appropriate and that automated blocking of content is avoided.
SMEs = Small and Medium-sized enterprises
To be fair, that hypothetical problem is caused by a broken classifier and not the law. After all, youtube already blocks and removes content like you've described but no one is accusing the classifier of stiffling free speech.
I mean, I think the link tax is backwards, but a vague emotional appeal to the health of... a mom and pop internet news site...(?) is not the argument I'd use.
FWIW it mostly works out.
They will use this in any way they can. Just because a few say this is not the intent of the law, I have yet to hear a court ruling that minds the intent of the law and not what the law says. (On a EU level that is)
Unfortunately, the downstream effects will hurt everyone else.
Google got a free license in Germany while Yahoo did not. Even if they ban the free license (which is a whole nother set of even bigger problems) Google can just not list them at all. It's not like they care about Google News all that much.
The problem is, what revenue? News aggregation is not a huge profit center to begin with. Then you take that already-small amount of money and split it between thousands of independent news organizations, each of which requires its own transaction costs, and the transaction costs sink the whole enterprise.
and than, should they force google to pay instead of cutting these publishers off? in no way would that be legal. you can't force somebody to pay something, by forcing them to obey.
It's easy to be trite, but it doesn't change the fact that foreign companies and governments were taking advantage of the EU while simultaneously having a different set of rules at home for EU companies. I think the EU overreacted her, hut it's hardly surprising that they had some sort of response
I think arguing over who has the most censored internet or the worst corporations is probably starting to veer off topic.
2. Forcing social media firms to delete specific kinds of content is another (albeit controversial) example.
3. Redacting all info about Saudi involvement in the 9-11 reports is a great example of censorship under the pretext of national security.
4. The SESTA/FOSTA bills are a recent (but again somewhat controversial) example.
5. Plenty of movies have been censored. One can easily google examples of this.
6. Many works of music too. Just ask the rappers.
7. Forbidding swear words in public/recorded speech is/was a great example. Although it is also an example of self-censorship among Americans.
All of your other examples involve private censorship (which can be rephrased as "people and companies exercising their property rights and freedom of association"), not government censorship.
No, that's not a “means of production”, in the Communist sense, and so ownership of it is not “private property” in the sense that Communist theory opposes such.
> I'm sure that we can agree that media companies do depend on the existence of strong intellectual properly rights to run their business.
That's irrelevant to whether intellectual property qualifies as a means of production in Communist theory, which does not define “means of production ” as “anything a business relies on to run”, but instead as the physical instruments to which human labor is applied in the course of production.
Opposing media companies on this is not something which has anything to do with the Communist opposition to property rights in the means of production.
PS: Jonathan Strange: Great books and even better TV.
Make our own content and host it ourselves?
This type of law is only effective due to centralisation of Internet services. If everyone self-hosted and was accountable for their own content there would be no scope for such legislation. All HN would hold would be linked-lists of URLs, no actual comment content.
Imagine a decentralised, federated HN where each comment originated from its owner's site.
This type of law encourages that very centralization. Look at the provisions of GDPR, for example. Do you think a two-person startup is going to have the resources to deal with all of its provisions? Or in this case: do you think that a new video-sharing startup is going to have the resources to deal with the more stringent copyright enforcement requirements?
The EU has, in effect, made a Faustian bargain with Google, Facebook and Twitter: if you accept our regulation, we'll ensure that you have no competitors.
GDPR is a bad example, because yes, that's definitely possible. And it should be, if that startup handles personal data.
“copying restrictions were authorized by the Licensing of the Press Act 1662. These restrictions were enforced by the Stationers' Company, a guild of printers given the exclusive power to print—and the responsibility to censor—literary works”
https://www.theguardian.com/politics/2016/jun/16/nigel-farag...
Such as what? I hear UKIP demonised a lot, but I genuinely don't know of anything they've done that is bad that wasn't simply political disagreement (wanting to leave the EU) or talking about contentious issues in a clumsy and ham-fisted way (immigration).
Failing to present a coherent, workable programme for how we'd leave the EU and at what cost is leading us to a situation where the government is doing civil contingency planning as if we were going to be hit by a hurricane rather than a self-inflicted disastrous choice.
Disclaimer I am a remainer and dislike UKIP as much as anyone.
And also the entire immigration discussion was some bs considered the non-EU migration is been higher than EU one for decades https://fullfact.org/immigration/eu-migration-and-uk/
Having a tangential thematic connection with a fact doesn't stop an accusation from being baseless.
> If you oppose the right to use private property as a means of production, and consequently oppose a law that enforces your right to profit from your private property, then you're clearly advocating a basic communist dogma.
No, you aren't. Communists do not oppose the right to derive profits from property, they oppose the right to have propietary ownership of the physical instrumentalities of production.
Intellectual property is not a thing which can be a “means of production” in the sense used in “basic communist dogma”, and thus ownership of it is not “private property” in the sense of “basic communist dogma” (in communist theory, “private property ” is exclusionary ownership of the “means of production”, and the “means of production” are physical instruments to which human labor is applied in the production process.)
Even if you pay Google €0.01 per click, you still can get an impression under certain conditions.
If the European ad-buyers are funnelled into a subset of ad auctions, the average prices in those auctions should be higher.
I think its all stemming from the same response as a portion of people who voted for Trump, or why the GPDR was enacted. The status quo was being abused by the major players and now they are going to do _something_ to shake up the system. Whether their approach is the right thing to do is up for debate
Definitely an example of mandated censorship, corruption, and maybe some kind of conspiracy. Maybe protecting politicians' and Saudi's interests at everyone else's expense. Even if it kills a bunch of us. If that's how they use the power, they don't deserve to have it.
"4. The SESTA/FOSTA bills are a recent (but again somewhat controversial) example."
Where exactly is that private censorship?
Combining them is another, sharing them is another.
We basically have no concept of personal use in our copyright.
[0] if they were broadcast you can record but only for time-shifting, you can only watch once (alone!) and then are obliged to destroy the copy; you aren't allowed to format shift.
The lack of any remaining semblance of balance in copyright between the rights of the demos and media interests shows how badly distorted our Western democracies have become from representing the rights of people in general above the rights of the rich.
Though a price for this is that we pay a special tax on every storage device we purchase.
It was representatives (MEPs) today that chose to vote in favour of this directive. They could have voted differently and rejected the proposal outright. Can you elaborate on how this is a "democratic only in name" institution?
(1) Were appreciated by their party, but not so much by the voters. The real politics happened in the domestic parliament, so the parties would run their 1st rate politicians in the domestic elections.
(2) And were personally very interested in the EU, and thus wanted to run.
We have been sending 2nd rate but very pro-EU politicians to the EU parliament. So the opinions of the members of the parliament are quite far from the average opinions of the EU populace. We are slowly beginning to realize that the European Parliament actually matters, and we should give some serious thought about who we vote there.
Five year terms? [1]
Total lack of responsiveness [2]
lack of real democratic accountability [3]
Sure, it looks democratic, but in reality it's not.[4] Particularly when the UK parliament doesn't even initiate (propose) legislation: ministers are appointed by the government, and are not elected to their position. And civil servants write the legislation before it goes to parliament.
[0] In 2013, 3/4 people could not name their MP. See https://www.bbc.co.uk/news/uk-politics-22555659
[1] Five years unless there is a supermajority or the loss of a no confidence vote. https://en.wikipedia.org/wiki/Fixed-term_Parliaments_Act_201...
[2] Numerous examples of this: https://www.mirror.co.uk/news/uk-news/how-responsive-your-mp...; https://www.writetothem.com/stats/2015/mps
[3] There is an ability to recall MPs, but they need to have breached the parliamentary code bad enough to be suspended from sitting for a number of days or engaged in criminal behaviour and been duly sentenced. The current UK government is actively trying to strip people of voting rights who do not have the money for suitable photo ID (minimum £34)
[4] The UK's first-past-the-post electoral system means that the majority of votes do not matter.
I think it would have to be the Council, it's difficult to see the Commission proposing a law that decreases the power of the Commission.
Publishers: "You steal our content and are unwilling to pay, so we need a law!"
Google: "You're right, please do the law, because it would harm our competitors!"
But there are many, many lobbyists active in the EU, and some of them have a surprising amount of influence over politicians. There has even been a case where two different parties, independently from each other, introduced the exact same bill, which had been written by a lobbyist.
There's lots of dark international money slushing around out there that happens to make it into someone's wife's friend's company.
The leverage they use is their relationships with other politicians to engage in vote trading.
In the current case this is done because the industry interest groups backing the legislation are predominantly European content rights owners. Whereas the interest groups opposing the legislation appear mostly organised by non-EU groups, and therefore thus are less of a concern for EU legislators, and potentially don’t have the same kind of immediate access to them.
The Congress shall have Power To... ...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
and
Congress shall make no law... ...abridging the freedom of speech, or of the press;
So it's implied (by the constitution not being tautological) that there's a balance between the right of the people (free speech) and an power of congress (to implement copyright). Note also that that defamation/libel are not protected by the first amendment, but the theshold for proving it is high - information has to be known to be false to the speaker, and inflict an actual injury. For public figures and politicians, the speaker has to have "actual malice". These are not often proven. For example, "sell more newspapers" would not rise to the level of "actual malice".
But the EU, as a whole, is the world's biggest market and it is a common market in spite of legal and cultural differences between countries. So that's pretty naive.
And if companies think the "compliance cost" is too big, that's fine, it means they are leaving money on the table for their competition to pick up. The best outcome is actually the EU getting some real alternatives to US services that are deemed to be indispensable.
So personally, as an EU citizen, for companies no longer wanting to serve EU citizens, all I can say is don't let the door hit you on your way out.
No it doesn't, it means that if you get dragged to court because you got the email at 1AM and you were asleep, then you're not guilty of anything.
No judge will put up a fine for that.
Getting dragged to court is disruptive, unsettling and expensive.
Most of EU has judges that are interested in a just resolution, not just being "an independent arbiter" of two researchers.
> No judge will put up a fine for that.
You're contradicting yourself...you have to go to court to get charges dropped by a judge.
If they have a monopoly on search because of their share of searches, then surely the relevant lock-in would be how easily users of search can move to competitors?
In this scenario, I'm not sure if society should encourage little mom and pop scrapers to spawn while leaving the people who actually created the content with any way to protect their work.
"Publishers" (newspapers) are 99% simply reprinting news they get from "the wire" (Reuters for example, or Bloomberg, or ...), or a few wire services. One way to look at Facebook and Google News is that they are better versions of these wires, available for end users of the content instead of just paying subscribers (Reuters' wire is a subscription service)
The way it works is this: let's say I feel the need to put out a press release. I have an employee write the news (heavily favoring me) and "put out the press release", meaning I submit the article to a news agency [1], including image and text online, paying 35$ for the privilege of having it appear on the feeds newspapers use to put out news. This is why even the BBC is full of "researchers working for IBM have saved the world again".
There are a number of issues. Of course 99% of the news is not exactly neutral or even a little bit researched, because it's just press releases. 1% is, but is produced by reporters working for the news agencies (only huge places like BBC still have their own reporters). And Google is a lot better than even the BBC (which is very high quality) at finding and presenting press releases to the public. Hell, it's actually better at deciding the trustworthiness of them than news desks (mostly because they, for profit reasons, refuse to give humans even half an hour to check things). Furthermore, those algorithms run so cheaply that they actually provide a personalized version of the news of the day based on both your interests and the news. I assume Jeff Bezos has the same service by a newspapers, but I imagine few others do.
So the underlying issue newspapers are having is "Google automated and Facebook crowdsources what we do, and their automated algorithms are much more successful than our humans, please outlaw them".
> To be fair, google and the like have been living off scraping third-party content and making it available in a way that only the scrapers see any traffic from that content, thus earn anything that is there to be earned.
Yeah there is no value at all in having a searchable index, content summaries, and it's unfair that people get paid for that. Furthermore newspapers just use humans to do what Google news does with algorithms. Never mind that that's what people want.
And as pointed out, people see more value in the aggregated, summarized and algorithmically curated versions of the same data.
Did you ever use the phonebook ? Did it have ads or not ? Should we outlaw the phonebook too ? Did you ever use an encyclopedia or a dictionary ? Did you pay for it ?
I feel like your argument has some shortcomings.
?
https://en.m.wikipedia.org/wiki/2011_cash_for_influence_scan...
The legal argument for that, rather, is that all rights are implicitly limited, and that, depending on how important the right in question is, how small the limitation is in scope, and how important the social objective that the limitation is intended to enable, it can be constitutional - with courts being the arbiters of what's important and what's small. The fact that the colonies had slander and libel laws on the book even as they passed the Constitution is often cited as a justification for this point of view.
I think it's a case of parallel construction. The original First Amendment was not a problem to libel and slander because it simply didn't apply to the states at all, only the federal government, same as all others until they were incorporated via 14A. It does, however, clearly conflict with copyright, and there's nothing in the text of the Constitution that resolves that conflict one way or the other, or even sets clear guidelines on how you'd do so. So what we have in practice is mostly judicial precedent - and most of it is constructed out of necessity to make things work (i.e. "we've always done it this way", or "bad things happen if we don't do it this way"). So you have a patchwork of concepts like fair use, creative expression etc.
The most convincing argument that I have heard is that freedom of speech is about freedom to express ideas, not freedom to use specific words to express those ideas. Since copyright only applies to the latter, it's not an infringement. I'm not sure I fully buy it, but it does highlight an important distinction. Stuff like fair use stems from that, to enable you to express an idea that's criticism of someone else's words.
Here's an interesting read on the subject:
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?articl...
Like so much of Anglo-American law, Free Speech and Freedom of the Press is an application of the fundamental concept of Due Process of law. One facet of Due Process says that the government cannot single out individuals, groups, or specific types of behaviors unless there's a compelling reason and the targeting is necessary. All laws should be generally applicable and targeted to addressing identifiable harms, on the one hand, or achieving some broader policy objective on the other.
A.V. Dicey's 19th-century treatise on the British Constitution said that there was no need for an independent doctrine of Free Speech or Freedom of the Press because British law never had (at least, not in the then-recent history) and never would attempt to suppress speech as speech, or to single out newspapers as such. Libel, defamation, copyright and other so-called limitations on Free Speech aren't limitations at all because Free Speech isn't about freedom from the consequences of speech or prohibiting the government from remedying ill effects of speech or restricting them from activities that may incidentally limit speech. Those so-called limitations apply equally to everybody, so how could they operate to suppress particular ideas, opinions, or methods of communication? Likewise, Copyright doesn't favor anyone or any idea in particular, so it's not injurious to Free Speech, either.
So why did the Americans feel the need to singularly identify Free Speech and Freedom of the Press? Because continental Europe, and France in particular, had a history of laws that specifically and more strictly regulated the press, and regulated or prohibited particular opinions and ideas. Singling out Free Speech and Freedom of the Press was a way to explicitly reject the continental European approach. Remember, many colonists expressed the view that the enumeration of these and other rights in the Federal and State constitutions was, technically speaking, unnecessary because they were, strictly speaking, already protected by traditional legal doctrines and by the structures of government. The Bill of Rights was a boots & suspenders approach to constitutional law making.
None of this is to say that Parliament didn't pass laws that had the effect of limiting free speech. But how they did so mattered. Note that Free Speech and Freedom of the Press rights were also expressly put into many State constitutions. For well over a hundred years States regularly passed laws that heavily suppressed speech, but they were almost always upheld by State courts because the laws were expressed in terms of general applicability. In modern terminology they were "facially neutral", and there didn't exist a theory of judicial power that permitted courts to look beyond the face of the laws. (At least, not a theory that was widely held or that was thought useful to apply to speech issues.) And courts were far more credulous of State arguments that their laws were trying to prevent violence and mobs.
It wouldn't be until the 20th century that legal interpretations began to shift. Justices Brandeis and then Holmes propounded a novel (even radical) theory of Free Speech which demanded stricter scrutiny of laws and their effect on speech. It's adoption and application by SCOTUS has unfolded over the past nearly 100 years. This process continues today; scrutiny of laws effecting speech has become stricter and stricter every decade, even every year it seems. Moreover, what constitutes speech has expanded dramatically.
Make no mistake: Free Speech as understood in America today, and as defined by modern jurisprudence, is absolutely not an originalist interpretation of the constitution. If you like your modern Free Speech rights (as I do), don't thank the Founders; thank Brandeis and Holmes and their judicial activism.
Germany has "Urheberrecht" and "Verwertungsrecht", neither of which is exactly copyright, even though that's the most practical translation of either. German law may not have fair use, but it does have §51 UrHG "Zitate", which serves the same purpose, at least in the context of reporting on news articles.
> So free speech in the US sense is no important issue for these politicians
The Eurocrats do not want free speech to establish itself in the EU. That's very important to them.
There is indeed an exception for quotes (Zitate) and parodies (for the latter cf. https://www.ferner-alsdorf.de/urheberrecht__urheberrecht-zur... since it is not written down explicitly in the law). But, for example, memes fall into neither category and are thus typically illegal under German law, but legal under US copyright because of fair use.
Sure, there are limitations to it, e.g. denying the Holocaust or using Nazi symbols in Germany, and with regards to defamation. But otherwise just about any opinion can be voiced freely. Thid doesn't mean that thios particular EU law is any good, it just screams big media corporation lobbyism all over it. And yes, this implies some future potential limitations to free speech,l either by technically limiting the reech of smaller players (regardless of what the law states) and by giving governmants a tool to keep things of the internet. Especially the last part is troubling.
Free Speech doesn't mean having the right to say bad things about the government. It means having the right to say anything you want.
It seems likely that large internet businesses will probably pay to comply with GDPR.
Many small businesses, whose customers are often mostly regional anyhow, may decide that it's just not worth the cost of compliance.
https://www.nytimes.com/2018/08/22/technology/google-china-c...
I'm not sure it's reasonable to conflate ripping off creators by enabling massive commercial use of unauthirized copies of their original content with actually creating something.
> YouTube will have to create a filter that covers their liability
I believe they already did that for some years now.
Nobody wants to engage in the secondhand market because of the massive liability. Sure you own it but can you prove it to their satisfaction? You could be lying and that is mo excuse on their part. You try to sell crafts you made yourself instead but nobody can be sure you didn't just steal them because you aren't a big name crafter. Big corporations can sell directly but small manufacturers and businesses are SOL. And worse yet this includes petitions and pamphlets too!
That is exactly what secondary liability does.
Here's an example: What about movie review channels like Wisecrack, Film Theorist, Cinema Sins, Filmjoy etc.? While discussing movies, they naturally have to show excerpts: short clips of the movie that relate to their explanations. Those guys are absolutely "creating something". And if anything, they're driving more people to watch those movies. A five-minute analysis of a movie is usually not a valid substitute for watching the actual movie.
I imagine that many of these channels will become unavailable in the EU in the near future. Time to get a US-based VPN.
How can YouTube check that?
It in no way prevents anyone from creating content and publishing it on their own website.
You make it sound like the youtubes of this world are necessary for content creation.
If you are arguing that massive content consolidation platforms such as Youtube do not have a highly significant impact on content creators as a group though, then I do not know what to say to that.
Put simply, if you're a US (or Australian, or Brazilian, or Japanese, etc) service: tell the EU to go fuck itself. US courts will laugh at their attempts to enforce EU law over US law.
Keep your servers in the US, if that's where you're located. If you have no need to do business in the EU, then you have almost nothing to worry about. The EU's reach largely stops at its borders unless you're operating in their jurisdiction.
For my service as a US operation, EU copyright law is meaningless. I'll continue to allow EU users to sign up, and entirely disregard EU law.
Ultimately the only way the EU can truly enforce their backwards policies against a global Internet, is to set up a Chinese firewall and hold EU persons as captives of that creeping authoritarianism.
The second is you distribute content to random hosts, who don't even know what it is (so they can't associate it with whoever is downloading it). This solves the privacy problem and has adequate performance but it only works if you don't have bad laws that impose liability on people even if they aren't knowingly hosting something illegal. Otherwise the government can prosecute a couple of random innocent people and put enough fear into everyone else that they move back to Facebook.
The third is onion routing. Then it's hard to shut down specific hosts (you don't know who they are), but it's slow and if your laws are sufficiently bad it can be made illegal to use it at all even if you aren't doing anything wrong. At that point you go down the road into Tor Project vs. Chinese Firewall, but that's just a disgraceful way to have to operate your communities in a democracy. And for every bug an innocent person goes to prison.
The problem with technical solutions is basically Child Abuse Images. I am a big believer in freedom and privacy. I am also a big believer in protecting children. Many people understandably prefer protecting children to seemingly (to them) abstract concepts like freedom. Any technical solution needs a method to remove certain content - and as soon as such a method exists people will want to abuse it for political reasons.
The solution has to be political not technical - somehow we need a political situation where basic freedoms are respected. This can only exist as revisions to countrys' constitutions. Simple laws protecting freedom are too easy to overturn. And we can't carry on resisting re-heated versions of the same stupid law every two years.
It is possible.
> The problem with technical solutions is basically Child Abuse Images.
This is a fake reason which is only used as a justification for censorship technologies. In practice it's better to allow distribution so that it happens in the open and new images can be discovered sooner and traced back to the perpetrators who created them. If you shut down a distribution network every time you find it then the only ones that exist are the ones you don't know about, which means you have no source of evidence to make cases against unknown active pedophiles.
The FBI had a successful campaign where they quietly seized a distribution server and then continued operating it so they could collect evidence and make cases against those using it. Naturally the headlines were "FBI distributes child pornography" rather than "FBI arrests many child pornographers" as though preventing distribution is somehow more important than arresting the creators and rescuing the children.
> “Thousands of Swedes have received threatening letters from law firms which accuse them of illegal downloading. They are asked to pay a sum of money, ranging from a couple of thousand Swedish Kronors up to several thousand, to avoid being brought to justice,” Bahnhof Communicator Carolina Lindahl notes.
> “During 2018 the extortion business has increased dramatically. The numbers have already exceeded last year’s figures even though four months still remain.”
> This year to date, 49 separate court cases have been filed requesting ISPs to disclose the personal details of the account holders behind 35,711 IP-addresses. As the chart below shows, that’s already more than the two previous years combined.
> Also, the number of targeted people exceeds that of all US and Canadian file-sharing cases in 2018, which is quite extraordinary.
https://torrentfreak.com/more-than-35000-pirates-targeted-in...
(For years I tried to be a "sensible Eurosceptic", but recent events have highlighted that the EU is a bastion of sanity compared to our current local politics)
Perhaps if we hadn't been fooling around trying to destroy the project for cooperation across Europe we could have taken part in making this new legislation better?
I guess it comes down to whether you're willing to accept peace and prosperity above less power for the Tories and a few wayward laws. As we get wayward laws already in the UK (we'd get Art.13 anyway if it serves media conglomerates interests), then it comes down to whether you want to buy back greater power for the Tories at a cost of greater UK poverty, and less international cooperation.
So the “Tories” narrative just doesn’t add up.
Many - across Europe - want to leave the EU on principle. The UK is giving the perfect example to everyone that principle is not aligned with reality in this case.
I agree with the basic concept of GDPR, but the uncertainty around it, the seemingly unclear nature of what exactly it means, and the fact that it will be enforced by each individual EU member potentially differently, all adds up. It's just not worth it.
This just adds to the pile, in a BIG way
That's the expected (and fair) outcome. To be fair, why should a multinational be entitled to profit from unauthirized access and distribution of third-party content while the content creators are left with the bill of creating it?
Why should news organizations be entitled to profit from unauthorized access and distribution of third-party content while the creators are left with the bill of creating it? Shouldn't they be paying the celebrities they gossip about for doing all the "noteworthy" things they do and giving them something to drive readership with?
The obvious flaw is that it's a symbiotic relationship. News organizations want traffic from Google in the way that celebrities and companies and politicians want news coverage (in the "no such thing as bad press" sense). They see Google's market cap and think they're making all this money, but the money isn't from news aggregation. That's peanuts. And if you're making a dime and they're making a nickel and you demand a dollar more, you don't get a dollar more, you get a dime less.
Are you referring to wholesale reproduction of the content?
Or hyperlinks and short excerpts?
How exactly is it "unauthorized"?
They own the most, but it's not 80% (perhaps they cover 80% of listening markets). They own about 850 stations[1] out of roughly 10,000 commercial stations[2]. However, your point does stand as the second largest owner, Cumulus Media at 455 stations also filed for bankruptcy[3].
[1] https://en.wikipedia.org/wiki/IHeartMedia [2] https://docs.fcc.gov/public/attachments/DOC-352168A1.pdf [3] https://www.nytimes.com/2018/03/15/business/media/iheartmedi...
Why does it stop exactly there in the multiple layers of goverment we have? Because you say so? Why is the remit of a citizen of say, Ipswich, to hold the Ipswich City council to account, the Suffolk County Council to account, the British government to account, all elected with ever larger constituencies, each more abstract and less accountable than the last, but not the EU government?
I think you're misunderstanding me - granted, the sentence was ambiguous. I was saying that it is not the remit of the EU to hold the British government accountable.
The fact that her role is purely ceremonial (at least the parts of it which the British public are privy to) just means that her powers are either unexercised (potentially a dereliction of duty) or are exercised by the Prime Minister, concentrating too much power in one person's hands. If Britain had an elected head of state, with a democratic mandate, then there could be a proper separation of powers, and a less authoritarian executive.
> and while I can't democratically affect the House of Lords, I can affect the House of Commons and the Cabinet.
You may be able to affect one seat in the House of Commons, but the Prime Minister (and the Cabinet) are determined by an extra layer or two of abstraction (just as EU commissioners and the members of the European Council are chosen).
> The EU can make good decisions and bad decisions, but in either case it is unaccountable to the people it is supposed to serve.
I suppose you are saying it is "not sufficiently accountable" or "not as accountable" rather than completely unaccountable. I would say that there is a trade-off between how accountable/local the government is, and how effective it is at protecting rights and producing positive outcomes for citizens. At one extreme, we'd all be kings of one-person kingdoms, as sovereign individuals, not subject to any other laws, and at the other extreme we'd have a global government with perhaps log2(7 billion) levels of indirect elections. While there might be an intuitive appeal to the idea that the correct balance is for all decisions to be made no further away from you than London (as if there are no decisions made outside the country that can affect Britain), I personally feel that having the EU as an extra level of accountability for the British government is, in practice, beneficial for British citizens (and European citizens generally, to whom the EU is accountable).
> Our fishing industry has been suppressed leading to even less job opportunities in the coastal North, but then Norway (which is not an EU member but has mutual fishing agreements with it) is permitted to come in and fish our waters.
If non-EU member Norway has decided it is in their interests to enter a bilateral agreement with the EU regarding fishing, then I don't think we can rule out the possibility that Britain would end up in a similar agreement with the EU next year.
> the EU has handed the supposedly-restricted fishing rights to another country that is only bound by trade agreements, not membership under a unified international court
The existence of a bilateral fishing agreement with Norway doesn't mean there are no restrictions on fishing (indeed, it proves that there are restrictions, otherwise there would be no need for an agreement). Also, I'm afraid you're wrong about Norway not being part of a unified international court, since the EFTA Court exists and Norway is subject to its jurisdiction.
> And I have to ask - who benefits? Because the EU negotiates over all its member states, and this arrangement certainly doesn't do Britain any favours.
Is it really certain that carrying out negotiations at the EU level doesn't do Britain any favours? By "negotiations" I assume you are talking about trade negotiations, since the size of quotas is based on scientific evidence, and the allocation of them based on market forces. It seems intuitive to me that when a large economic entity is negotiating with a small economic entity, the larger entity has more bargaining power, since they have more to offer. Therefore Britain is (in general) more likely to receive a favourable deal when negotiating as part of the largest economic bloc in the world (rather than treating that bloc as a competitor in a zero-sum game). Also it's not accurate to treat all trade as being subject to negotiation at the EU level, since Britain can and does negotiate its own trade deals even while a member of the EU:
https://www.bbc.co.uk/news/uk-politics-21496563
> If Norwegian fishing boats are collecting British fish and selling them from Norway, there are two options: 1) they aren't selling them to Britain, leading to a simple drain on our natural resources, and 2) they are selling to Britain, adding transport costs (both fiscal and ecological) to the production of fish, meaning increased costs.
As for option 1, is anyone really claiming that there is now less fish available to British consumers since joining the Common Fisheries Policy? Similarly for option 2, is there evidence that fish is now more expensive in Britain (and that this isn't caused by historic over-fishing)? You make it sound like Norwegian companies are taking boats over from Norway to the UK, fishing there, taking the fish back to Norway, and then shipping the fish back to the UK for sale in British shops. Given that Norwegian companies (like any other companies) are motivated to cut their costs, it would make more sense for them to take their catch directly to British fish markets, and indeed to use British boats, and even British workers. If Norwegian companies really have increased costs, then presumably their bids for fishing rights are less competitive than the bids of British companies, in which case you have nothing to worry about.
I concede your point that arguably, the UK is not democratic in that the final word on laws is held by a monarch. Personally, I like the Royal Family on a cultural level and am largely ambivalent on a legislative level because as far as I'm aware, they've never done anything to a bill that gave me cause to dislike them. That doesn't preclude their having done so though.
> You may be able to affect one seat in the House of Commons, but the Prime Minister (and the Cabinet) are determined by an extra layer or two of abstraction (just as EU commissioners and the members of the European Council are chosen).
Given that our general elections are held against parties, there's 1. nomination of a party leader by party members and 2. election of a party by the population. But election of the ruling party is in my mind important but complemented by the real power of the populace in democracies - the power to influence the government through protest, petition the Prime Minister, to write to our MPs, and so on. This is part of the reason I dislike the "distance" between the EU and the public - a protest in a large city is going to definitely get the council/MP's attention and probably get talked about in parliament, but to get the EU to act it needs to be passed on by the MEP and then the other nations (all of whom are still separate entities with their own concerns) need to express interest in solving the problems of the protesting nation. Plus any motion has to go through the "democratic deficit" portions of the EU.
I suppose at the root of my issue is that the EU is made of nation states that are vastly different both culturally and economically. Within the UK there's a lot of difference of opinion, but we're still bound by the same culture, land mass and national economy, so that helps to hedge the divisions between us (North/South, England/Scotland/Wales/N. Ireland, London/Everywhere Else etc). We can have internal disagreements but that bond still exists. I don't harbour any dislike or ill will towards the other European nations (some are strangers to me, others I really love), but I recognise that they have little reason to sacrifice their interests to support Britain and we have little reason to sacrifice our interests to support theirs. This is where international agreements work better than a shared supranational entity - we can find mutually beneficial agreements and are never forced to go along with something we dislike that another country wants. I think this is why the UK is known in the EU as having been a royal pain - we keep demanding exceptions and concessions and different rules, because we just aren't that similar to Germany or France or Belgium or Italy. I guess it comes from being an island nation.
> If non-EU member... next year.
And that's a good thing, if we can negotiate such a deal to our benefit as a sovereign nation. My issue is where Britain has to sacrifice its interests for the sake of other nations, when we get such a small say in the decision. To be honest, I would prefer it if this "coming together based on mutual interests, not hierarchical authority" were to operate at even more local levels, but the nation-state model isn't something that's likely to devolve any time soon.
> The existence of... its jurisdiction.
I'll concede you that point. The point I was trying to approach rather ham-fistedly is that the natural rights to the UK's resources are (from what I can see) being packaged up and sold off, to the detriment of the British fishing industry. If Britain were to do that as an independent entity it would still suck but at least you could be reasonably sure (corruption aside) that it was in exchange for something that would, in return, net-benefit the national economy. When it's the EU doing the bargaining, the benefit we get in return isn't so clear. Is the EU trading British waters for German access to Norway's market? It would be conspiratorial to suggest an explicit example like this were literally true, but the prospect is there.
> Is it... a member of the EU:
First off, there's a miscommunication occurring here - I was trying to say that EU trading off British fishing rights isn't benefitting Britain. Of course, collective bargaining nets the EU as a whole a stronger bargaining position. However, when a large entity is negotiating for a deal that spans each of its member states, each with different interests, you have to wonder whether the benefits that reach the states are better than those they would have negotiated if you were doing so independently. You get a bigger slice of pie, but it's no longer your favourite flavour.
On the issue of independent trade deals, I know that we can make our own deals still but there are confounding factors. If the EU negotiates as a bloc, how hard is it for us to reject a proposal? If each member state can reject a trade agreement then you're not really negotiating as a bloc because the benefit to the trade partner of uniform access is no longer there. Also, if we make an independent trade deal does that cancel, supplement or supersede the deal that nation has with the EU? Say, the EU negotiates a steel market with India. Is the UK still free to sell bulk steel to India for less than the EU? I can't really give any answers here as I'm not well versed in the topic, but then that's part of the problem with the referendum - it's impossible to have a deep enough knowledge of the EU's operations to make a fully informed vote.
> As for option 1, ... even British workers.
I wasn't claiming that my cases 1 and 2 were definitive, real life is always more complicated than that. More that the logistics of Norway fishing British waters don't make much sense compared to Britain fishing British waters. If Norwegian companies are indeed selling to British markets, using British workers and British boats, doesn't that mean that they're doing nothing but capturing the profit for their own economy? That still strikes me as a net negative compared to a British company doing the same.
> If Norwegian companies really have increased costs, then presumably their bids for fishing rights are less competitive than the bids of British companies, in which case you have nothing to worry about.
If it really is an open market, you would expect that British companies would win out given their proximity to the waters in question, and cost-free access to the nearest fish and job markets (given presumably there is at least some cost in foreign boats selling in British markets and hiring British fishermen/women). So then, where is this unexpected result coming from?
Fundamentally though, I don't think the price of fish to the consumer is the metric to be optimising for, which is the metric that a totally free globalised market will optimise for. There's also local employment, taxes, secondary sector benefits (as you mentioned, using British boats for example). Probably more beyond that. I don't see how this combined tally could possibly be higher when using a foreign company. Thus, offering our waters to another country should fundamentally come with a return that is greater than the loss of these benefits. This can be controlled for when negotiating individual agreements on a nation-state level. When the EU does the negotiating, not only does the net effect just have to benefit the EU as a whole, but it's hard to see how and whether the return comes back to us at all. Even if those benefits are redistributed one-for-one back to the put-out country, you're basically just implementing the trade agreement system with extra steps.
Having thought through the trade issue, I think it at least in part comes down to a trade-off of opportunity cost against collective bargaining + administrative overhead that cannot really be quantified. But then, that's a common thread of EU debates - the system we're talking about is so large and its concerns so diverse that in a finite timespan you can only really talk about ideals and principles. Any argument about specific industries, agreements, laws etc can be countered by another like example that is perceived to have a countering or exchanged effect.
I'm glad we're having this discussion, I feel like I'm learning a lot about both my position and yours.
[edit]
I've had to abbreviate your quotes because the comment was too long otherwise. Hopefully nothing is lost in translation.
There are bigger questions than just whether the royals have done something that you personally don't like (or failed to do something that you would have liked them to have done). It is worth considering whether their power has legitimacy in a democracy (including whether they are illegitimately taking power away from the role of an elected head of state, who could veto bad legislation, for example), and whether there is sufficient scrutiny of their actions that we can feel confident that they really aren't acting against your interest without you knowing it. For further reading, I offer:
https://www.theguardian.com/uk/2013/jan/14/secret-papers-roy...
https://www.independent.co.uk/news/uk/politics/6-things-we-l...
> Given that our general elections are held against parties, there's 1. nomination of a party leader by party members and 2. election of a party by the population.
We are told that our general elections are about local candidates and not parties (as an excuse to avoid certain types of voting reform), but moreover I don't think that there is a requirement that parties have to let their entire membership have a say in who is selected as party leader. In any case, parties generally do not allow you to be a member of more than one at a time, so most of the UK population cannot influence your option 1, and parties generally don't win the support of the majority of the population, so most people are unhappy with the outcome of option 2 as well, even before the party has a change of leader mid-term.
I'm sure you know all that already, so I'm just reiterating that there are abstractions, and distance, and "democratic deficits" in the UK system too, and that you may be more comfortable with them because you are more familiar with them (and perhaps the problems tend to work in your favour over all).
> I suppose at the root of my issue is that the EU is made of nation states that are vastly different both culturally and economically. Within the UK there's a lot of difference of opinion, but we're still bound by the same culture, land mass and national economy ... we just aren't that similar to Germany or France or Belgium or Italy. I guess it comes from being an island nation.
I think this gets to the core difference between our two perspectives. I would say that I have more in common with a German, French, Belgian, or Italian person that had a similar profession to me, a similar age, and similar politics, than I might do with someone living across the street from me. Indeed, I've met, and lived with, and worked with, people who have travelled from across Europe, and I felt I could trust their input into the political processes that affect me (on a supra-national level) than apparently the average British voter. That doesn't mean I want someone in France deciding what the income tax rate is in the UK, or someone in Italy deciding whether to send British troops to war, but these are examples of political decisions which are deliberately left to member states (and we're not talking about one country deciding another's policies, we're talking about an electorate of equal individuals collectively deciding the evolution of their shared environment).
> the natural rights to the UK's resources are (from what I can see) being packaged up and sold off, to the detriment of the British fishing industry.
If the UK has "natural rights", they are the rights of the people of the UK, not of the British fishing industry (as I'm sure you'll agree). My point is that the government is entrusted with the duty to let those rights be delegated to whomever will serve the British people best (ignoring for the moment the more complicated judgements of making concessions in one area to gain greater benefits in others). As such, I don't think that the government is actually "giving up" its rights, as if some bureaucrat in Brussels is rubbing his hands with glee that he has tricked Britain into banning British fish catchers from British waters, and forcing the government to sit back in despair as "undeserving" foreign boats "invade" our waters. The only thing that the British government has given up is the ability to set its own (unrealistic, but politically expedient) quotas, and the ability to block competition from businesses that happen to be registered elsewhere in the EU. You could try to make the case that the one thing that coastal communities need is (in effect) subsidised industry, and that the British government would love to provide it if they weren't prevented by the EU, but even if that were true (at a time of record high levels of employment), I think that the benefits of EU membership (including the ability for British fish catchers to operate in other European countries' waters, and to sell fish tariff-free within the Single Market) outweigh this cost.
> You get a bigger slice of pie, but it's no longer your favourite flavour. ... If the EU negotiates as a bloc, how hard is it for us to reject a proposal?
I really like that analogy. But yes, the question you ask is a pertinent one and I don't have an obvious answer. Personally I rely on the reports of experts working in these areas, who seem to suggest that Britain does have a good amount of influence in these negotiations (and ends up with better deals than it would get outside the bloc), and look at the macro trends that suggest that EU membership has been good for the UK economy (even though that growing prosperity may not have been shared or invested correctly).
> capturing the profit for their own economy? That still strikes me as a net negative compared to a British company doing the same.
It strikes me as being similar to allowing foreign companies to trade in the UK, or allowing foreign goods into the UK. It would in theory be great for British businesses if they had no competition, but I'm not sure it would be so great for consumers and the economy generally.
> If it really is an open market, you would expect that British companies would win out ... So then, where is this unexpected result coming from?
I suppose we would similarly expect that a British search engine would offer better search results to British people, or a British social network would offer better friends. Sadly international trade isn't as simple as that.
> Having thought through the trade issue, I think it at least in part comes down to a trade-off of opportunity cost against collective bargaining + administrative overhead that cannot really be quantified.
Right, there are a whole load of variables that it is difficult to get an intuitive feel for, or even clear cut numerical values. That's why I resort to looking at high level trends, and checking specific (hopefully representative) areas against theoretical models and logical arguments and opinions of experts in those fields. I don't claim it has given me a perfect perspective (and I would be suspicious of anyone who said they had achieved that), but I'm reassured that I can go looking for alternative viewpoints without facing too much cognitive dissonance (just the amount you would expect when being prepared to change your mind about something you think you understand).
> I'm glad we're having this discussion, I feel like I'm learning a lot about both my position and yours.
This is something I'm very happy to agree with you on. It is rare to have a conversation with someone who can clearly express the other side of this debate without both sides feeling frustrated and resorting to rhetorical short cuts that fail to shine light on the underlying issues.
[1] https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
It's delusional to think that the U.S. has unrestricted free speech, or to think that "free" implies completely "unconstrained".
>Free Speech doesn't mean having the right to say bad things about the government. It means having the right to say anything you want.
This is a strawman. No EU country restricts free speech to speech criticizing the government.
This law requires websites to /know/ the copyright to be covered. And that is an impossible task if no false negatives are accepted. Old usenet pirates would use base64 strings to spread contents and there are countless ways to obfuscate to algorithms while remaining human recognizable. Which means to remain safe one needs to not even accept and display text input from users.
Copyright databases would be of no help here given both automatic copyright and the ease of dodging hashes. And a complete set would be massive and hillariously defeat the point by giving any implenter all of the media in the world.
Given that it is inevitable that it will have a bad outcome. Even if it is left to rot on the books it becomes a tool of tyranny via selective enforcement.
Not a western democracy, though.
HN runs on one server and is moderated by just a couple of people typically. It is in fact the definition of a mom & pop operation. It does not have a zillion dollar budget, either for operations or promoting itself. It doesn't need it, the value proposition is the content, community and standards.
I can semi-trivially set up an HN clone for any given industry or concept. It'll be up to me to promote it and garner attention to it, however the point is that it's extremely inexpensive and easy (few regulations, hurdles, compliance issues, etc) to open up that type of expression platform. That's what the parent is referring to.
The internet has the attention economy, which follows a power law of popularity, with a long tail of unpopular content that has <50 readers. I would not consider that 'prosperous'.
A law like this can and likely will be selectively enforced since it will be impossible to police every single independent thought published on the internet.
* I appreciate those points may not be in breach of the new legislation per se. But there is a pretty good chance that some content on sites of those style would be in breach. So it's a little like police using a broken tail light as an excuse to stop and search a car.
Europe has a long history of doing such things when confronted with new, disruptive technologies: the effort to license printing presses in various European countries is what eventually led to copyright law as we know it today.
Back then ideas were still believed to be free so the point of copyright law was just a short term reward for the author. A bit like how patents are supposed to work.
I would normally post some citations here (like a famous quote about copyright from one of the British monarchs) but on phone about to drop kids off at school so apologies there.
The only argument you can make at that point is that it's worth the cost, but is it? The damage to privacy of having everyone's data in the hands of conglomerates that are no longer subject to competitive pressure has got to be worse than Mom and Pop occasionally mishandling the information of their two hundred customers. Just having the centralization at all is worse than anything that could happen to any given 0.5% subset of it, because every misuse or compromise is 200 times worse even if they only happen 10% as often.
Explicit opt-ins are only required when you record personally-identifiable information surreptitiously, or share these information with other parties.
I'm sure there are some provisions intended to help out smaller entities. But the compliance cost is the cost of understanding the legislation so you can comply with it. You still have to pay it even if it turns out not to apply at all -- because you can't know that until you go through all of it first.
The problem is that 'normal' people don't know how to use most distributed/encrypted/stick-it-to-the-man products, nor do they care.
Many newspapers are rubbish and publish rubbish content anyway so that's the problem, not the copyright.
Now that I think of it more, what stops Google from charging the news services for the privilege of being included in the search results?
Admittedly I bear a hard grudge against them from my youth and how they would scapegoat and stir up moral panics about the youth and their media. Rainbow parties, bullshit claims about video games and anime, etc. They still love to use Millennials as a slur.
I personally suspect that demographic warfare came back to bite them hard as they grow up and don't trust the ones constantly talking shit about them on garbage grounds.
I sympathize with that. Google's market power is problematic. But.. this is not a solution.
The issue comes from companies that were too powerful before they went to ask google for money.
People don't appear to want this, of course. Pity.
That's a good question, and it seems to me that's the whole point of this legislation.
Currently there is a mega-multinational company which posts record profits for services that consist of scraping and unauthorized distribution of third-party content, and in a manner that even eliminates any traffic from the content creator's site.
So in the current state of affairs only the scraper gets paid, and the content creators are left with the bill.
How is that fair?
> Why should news organizations be entitled to profit from unauthorized access and distribution of third-party content while the creators are left with the bill of creating it?
For some reason you've invented this silly idea that researching and developing a newspiece is, somehow, the same as scraping websites.
I'm sure that we can agree that journalism and web scraping have nothing in common, just like xeroxing a book is not the same thing as writing a novel.
Googlebot respects robots.txt. Anyone who doesn't want to be indexed, isn't. For some reason they still seem to want to be.
> I'm sure that we can agree that journalism and web scraping have nothing in common, just like xeroxing a book is not the same thing as writing a novel.
What do you mean? It's basically the same thing. When a reporter interviews some guy, they put his words in their story -- without compensation. How is that fair?
Not true at all. They actually increase traffic. https://www.zdnet.com/article/the-google-news-effect-spain-r...
And you seem to have developed your own silly idea that quoting one or two sentences of a news piece is the same as xeroxing it.
I don't think the existence of other websites on the internet is not really an argument against Google being a monopoly. Without question, the vast majority of the population (outside China) uses Google. This means that the majority of people who use the internet are using Google as their method of accessing websites, and thus Google has an effective monopoly on what links people see (and thus by proxy what articles they read and what they think about topics).
I'm arguing all of this from a point of view where you don't really care how Google or anything behind the scenes works -- most people view Google as a utility that just tells you what "the internet" has to say on a topic. Given it's prevalence and significant impact on people's decision making, it should have far more accountability.
> Google shows at most an excerpt (that is defined by the publisher) or a headline (on news.google.com).
Google also has their Q&A thing where they parse the contents of web pages to answer questions you ask Google -- so you don't end up on the person who wrote the answer's website. I think that is pretty clearly an example of Google showing people's content without giving them page views (whether or not you agree that it is an issue).
If you’re going to base it solely off number of users then you’re effectively punishing businesses for being successful and NOT from harming consumers.
For instance, changes to PageRank have negatively impacted websites and business consistently in the past (so much that there's an industry around making pages cater to the whims of an unauditable algorithm -- SEO). I think the fact that websites obviously cannot just switch to a competitor (unless they want to stop catering to a potential market of 3 billion people) rules that as being monopolistic behaviour.
That's what I mean when I refer to a monopoly. If you have exclusive control over an algorithm that affects more people than any government body on earth, then you are a monopoly. Same argument goes for quite a few of their other products (if your personal mail server isn't effectively "blessed" by GMail you cannot communicate with the majority of internet users), but Search is the most obvious one.
Generally it's measured by the Herfindahl-Hirschman Index - HHI.
http://gs.statcounter.com/search-engine-market-share
https://www.statista.com/statistics/267161/market-share-of-s...
https://www.netmarketshare.com/search-engine-market-share.as...
I think that the percentage argument is not the only important thing to consider, there are other anti-competitive practices which (when practiced at a large enough scale) become a monopoly even if "only" 50% of people use the product (friendly reminder that 50% of internet users is more than a billion people -- much larger than the population of most countries).
My point is not that Google is doing something illegal (and thus arguing over the legal definition of a monopoly is not helpful -- just like arguing over the legal meaning of the US 1st Amendment is not helpful in discussions over the concept of free speech). I'm arguing that it is a monopoly in the ordinary meaning of the word, in that effectively everyone uses Google and Google exerts a massive amount of power over their users.
But for a pseudo-legal argument: Google participates in a form of product tying[1] by requiring you to create a Google account in order to access Google Groups (which are publicly-run mailing lists and an unrelated product to their account service). Now since you don't pay for Google accounts this isn't a strict violation of anti-trust laws, but it is very close in concept to the sort of thing anti-trust laws protect against.
I don't think that word means what you think it means.
It is defined by it's marketshare. And google search is by and large a monopoly in this regard having ~90% market share in virtually all segments of the market.
Yes, it is, though in practice that's based on complex factual analysis of whether there is real competition not whether there are other players in the same descriptive market.
> It is defined by it's marketshare.
No, marketshare is a “same descriptive market” test that people casually talking about competition use; legally, the more relevant tests are things like pricing power—can the alleged monopolist raise prices in some range without losing sales to a competitor. You can have a very large marketshare in a descriptive market but lack pricing power, or have small marketshare in a descriptive market and have pricing power because the market described is really multiple segregated markets in practice.
No, I can't agree. I don't even consider Microsoft a monopoly, even though their product comes pre-installed on every PC you can buy in shops. If you can't get any alternative ISP (to e.g. AT&T) where you live, by any means, now that is a monopoly.
There are a lot of IT people here. This, unfortunately, sometimes convinces some individuals that that's all there is here, which is an inaccurate assumption.
GDPR is a process, it's about pushing companies to good practices through compliance. A lot of it makes sense, for example, making sure your staff understand basic IT security practices, which is no different to health and safety.
This could happen 100x (or even thousands) for any mid-sized content platform. Most of these things are automated these days.
Besides there's no guarantee the parties will automatically act rationally and drop the claims of infringement before threatening court, merely because you claim you were sleeping. And you specifically said a judge won't pursue it, but even that is a maybe.
As mentioned multiple times, if they did this the judge would simply deny the entire fine and suit and they'd have to pay you damages and they'd likely receive a cease&desist order from the court.
You must inform parties of violations and allow for adequate time to react to them. Sending an email is already a nono for legal notices as there is no guarantee that the other party even received the mail properly.
The only way to properly and legally verifiably send them is to have a write-in mail which the receiver must sign with their signature before receiving. For everything else you might as well send money in an envelope ahead of time.
This is not a mere fact this is established procedure.
>Besides there's no guarantee the parties will automatically act rationally and drop the claims of infringement before threatening court, merely because you claim you were sleeping.
That's not what I've been saying, I've been saying that the infringement still needs to be dealt with but you can obviously not react when you are asleep.
In practice though, most of EU gov-burocracy, incl. courts, prosecutors, statisticians, taxation, food-control, cultural/educational, whoever, esp. in recently-joined former-this-or-that countries, exist mostly in order to make work to each other = i.e. support/keep the whole system. Sadly, that is the reality.
And yes, they may charge u of (inexisting) offense (and even without sending u email), if that has any chance of putting oil in the cogwheels for some years. No matter what, the state does not lose.. it just somebody's nerves and taxpayers money wasted, but who cares.
If you take it to court and the court finds the complaint invalid then they can (and usually do) force the party that sent the C&D to pay your expenses and damages (ie, lost business due to you having to turn up to court) and usually a restraining order with hefty fines on it.
Atleast in germany it is expected that disputes are resolved via C&D and letter correspondence, court is a last resort.
To my knowledge, the court system in other countries varies but is not that different...
Yes.
>it just somebody's nerves and taxpayers money wasted, but who cares.
Courts in the area I live in tend to dislike such behavior a lot.
Why is that? One of the big reasons people and companies comply with the law is that they don't want to suffer the consequences of non-compliance.
If a company has no assets, customers or business relationships in Europe, what is a GDPR judgement against them going to do?
Customers don't have to be in Europe, it applies to european citizens living in your country.
I mean, this should be utterly obvious given that most Westerners are not complying either laws around the world constantly. We can and do criticize the leadership and governments of any and every country as is our right in ways that are absolutely illegal according to those countries, just for one simple example. The EU is free to get some help from China and make a Great Firewall of their own and censor the net, but if an American blows off something of theirs that is legal in the US and they come demanding the US enforce their law they will get told to pound sand. I mean, this isn't even just normal discretion, in some cases Congress has even flat out made it illegal for the US to honor foreign judgements, such as the 2010 SPEECH Act which rendered all foreign libel judgements unenforceable, unless it's a country that has a direct equivalent to the First Amendment of equal enforcement (I'm aware of zero countries in the world where this is the case) or the defendant would be liable if tried in the US, which in practice means basically any enforcement faces a near insurmountable bar.
Calm the fuck down.
So what remains for the business part of the startup is to make sure the necessary contracts with all third parties are in place (the pressure-the-conglomerates-part), and to explain it to the users. This is annoying, but also not much worse than the typical legalese stuff the CEO has to deal with. The data privacy policy of a certain privacy activist reads, in essence: "We store only what we need, and delete it as soon as we can, as long as we are not required by law to store it for any longer." You don't even need a law degree for that, as you shouldn't, because the text should be readable for the end user.
> What is everybody complaining about?
I don't know, the GDPR is basically German data privacy law, and it hasn't stopped Berlin from becoming a startup center in Europe. I guess if you don't want to be GDPR compliant due to the effort that's fair, but you should know that there are much worse things ahead for a company.
However, if you are not _able_ to be GDPR compliant as a small organization, while many of your competitors are, you should absolutely not be entrusted with personal data.
The expense doesn't come from that. Even if you're doing the right thing in spirit, now you have to compare what you're doing to a complex regulatory framework. That's pure overhead that you pay even if you don't even have to change anything.
> This is annoying, but also not much worse than the typical legalese stuff the CEO has to deal with.
You're saying that this thing that harms small businesses and entrenches incumbents is like the other things that harm small businesses and entrench incumbents. But that's the problem. Each one you add is an incremental burden that moves the margin for how many startups you kill by another kilometer in the wrong direction.
> The data privacy policy of a certain privacy activist reads, in essence: "We store only what we need, and delete it as soon as we can, as long as we are not required by law to store it for any longer." You don't even need a law degree for that, as you shouldn't, because the text should be readable for the end user.
That is a very aspirational privacy policy that also happens to be very strict and trivial to violate unintentionally. And what are the consequences for not following your own very strict privacy policy?
This is why most of the big companies have one that says something to the effect of "we promise to use your data for things we want to do" but then have to be carefully crafted by lawyers to simultaneously minimize liability and hold up under scrutiny.
> I don't know, the GDPR is basically German data privacy law, and it hasn't stopped Berlin from becoming a startup center in Europe.
It's all relative. If Germany has a significant regulatory burden but Greece is a hotbed of corruption, Germany can still do better than Greece. But not as well as it could have done with less overhead.
> However, if you are not _able_ to be GDPR compliant as a small organization, while many of your competitors are, you should absolutely not be entrusted with personal data.
The pretense that complex regulations only cost you if you were previously doing something wrong is empirically false. The cost of complying with the regulation is in addition to the cost of doing the right thing and is still paid by everyone who was doing the right thing already. And it can be enough to destroy a company that was not actually mishandling data but merely had low operating margins.
It should be obvious that it's perfectly possible to define something as a monopoly in a certain area. If a monopoly could only be defined as a monopoly if it were global, there wouldn't be many.
I'm quite convinced that people wanting micropayments to be solved are pretty much like friends who say they would give you money if they won the lottery. In other words, these are people who just don't want to do anything for you, but don't want to admit to that. So they latch onto some implausible scenario and enthusiastically swear up and down that should lightening strike, they will absolutely do X, knowing the odds are very long against that happening.
Except it isn't really a single market. Each country has a unique language, culture and body of law. The cost of taking a German product to France is much higher than expanding from California to Texas and New York. (California, Texas and New York having a higher combined GDP than France and Germany [1].)
[1] https://en.wikipedia.org/wiki/Comparison_between_U.S._states...
Although I generally prefer the Dutch set of laws to the American, Dutch laws stifle innovation. The difference in even simple things like setting up a business, hiring an employee, and ensuring compliance with local laws is insane.
Every time I go to America I get requests for random things that either don't exist in the Netherlands or are criminally expensive. Bengay cream here costs €16.20 for 57g, only available at special online shops. In America you can buy it everywhere, €5.84 for 113g. That's one example. You might criticize it for being too arcane, but there are hundreds of thousands. Each one of these things costs double the Amazon price or more for popular products: RAM, angle steel, many batteries, sanding belts, IEMs, pumps, permethrin, LEDs. That's just off the top of my head. Every time I need something it's a game: will I get lucky and pay 40% extra, or will it be only available for 200% the price? Or even worse, not available at all?
You want to sell those things above? Go ahead. A few of them are even triple (!!!) the American retail price, so you'll make bank, right? Start a business. But you won't, and nobody else will, because it's tremendously difficult to start a business here.
I can understand higher taxes make products more expensive - sure. Those taxes provide the benefits I enjoy in a country like the Netherlands. I can even deal with the cost of shipping from America. But I cannot deal with paying double or triple the cost for hundreds of thousands of various products. And laws like this just continue the movement in the wrong direction.
I have no clue what you are talking about with those products though; that's the case in many countries. In the south of Spain I pay more for a fridge or a bath than if I import them from the Netherlands. NL is an expensive country for some things. In the US you can get Bengay cream (i have no idea what that is by the way) for 5.84 but university and healthcare can bankrupt you. Give me NL every day as long as that lasts; these consumer products are not fundamentals while education and healthcare are imho.
I specifically said that I prefer the Dutch way in general, and that I don't mind paying higher taxes to support this. Hell, I live here, I hold a Dutch passport, and I vote for the related causes.
However, what I hate is certain aspects of the regulatory environment that choke out startups. That has nothing to do with healthcare or education but rather to do with very restrictive EU + Dutch laws.
Making it difficult to start a business makes the incumbents more powerful, and the incumbents already have high prices and limited selection here in the Netherlands.
[partially copied from a comment of mine below]
Starting a company here in the Netherlands is quite difficult. It involves compliance with every law related to your business, hiring employees, purchasing services for the business, etc etc. All of these things are more onerous, expensive and difficult here.
I've been involved with many startups on both sides of the ocean. In America (for better or worse) you get up and go. In Europe, simple things like creating a contract and paying someone are way more difficult and the barriers are much higher. Everything from the address you register your business at to protecting yourself legally is an issue.
It's difficult to explain exactly how debilitating the regulatory environment is to someone who hasn't experienced it firsthand. Startups are fragile. Many companies that are now unicorns were at some point on the brink of collapse for a good bit of their early life. Just one trigger can kill a startup, and additional regulations can be that trigger.
Sure, there are other things crippling innovation in Europe: a total lack of venture capital and fewer "temporarily embarrassed millionaires" play a big part.
I wouldn’t say that’s very difficult.
I've been involved with many startups on both sides of the ocean. In America (for better or worse) you get up and go. In Europe, simple things like creating a contract and paying someone are way more difficult and the barriers are much higher. Everything from the address you register your business at to protecting yourself legally is an issue.
Seems like a bit of a straw-man argument anyway. Businesses don't usually pay consumer-oriented taxes like VAT (UK), or Mehrwertsteuer (DE). So which taxes are we talking about exactly?
And importing stuff isn't too hard. If it was a truly Dutch issue, you'd set up the import business in another EU country, and then ship it to the Netherlands once it's inside the Union.
I'll give you aerosol deodorant, but I think that comes down to a preference for stick deodorant in America - which costs approximately as much as British aerosol deodorant.
That's one product; I named ten, and I can provide plenty more. The fundamental problem of not having access to many products for a reasonable price is a big one, and unfortunately I think Europeans just accept it.
Look, I'm pro EU, and I'm not protesting the taxes we pay in the Netherlands. I think they go to a good cause, and I don't think high taxes make it impossible to start a business. But onerous regulations do. Shit like this just adds to the pile of things that a startup has to deal with, and eventually it's too much.
I'm not saying that higher regulations are just a Dutch issue, by the way. I think it's a general European issue. I just picked the Netherlands because I live here and have personal experience with startups here (as well as in Germany.)
I generally like the GDPR, but many details of it were moronic. I've visited hundreds of sites where you have to individually deselect each of hundreds of trackers. Is that legal? Nobody knows! The GDPR is a nightmare for startups: you've got tens of contradictory blog posts from legal experts saying different things, 28 individual country regulators involved... Even if your startup is very privacy-friendly, you still (probably - nobody knows for sure!) have to put up one of those ugly big GDPR-walls to every EU visitor, which messes up your user experience and turns people away.
Is there not a Dutch version of the same compound, manufacturered closer to home?
There are several methyl salicylate products available in the Netherlands, but they all are available for a similar i.e. extortionate price.
In a country with easier to navigate laws, you can start an import business and sell the products locally. Sure, there is a price increase due to VAT, shipping, handling and business expenses, but this is typically reasonable. For an example of a low-volume perishable food product, I'll take stroopwafels. Here in the Netherlands, where they are made, a 200 gram bag costs between €1.50 and €2.40 depending on the brand. In America, the same 200g bag costs €2.40 at Trader Joes (which is $2.79.)
That's between a 0-60% price increase - and that's for a perishable, low-volume, inexpensive food product sold in a luxury grocery store.
What metric are you using because the EUs GDP is about 700 billion less than the US and going to drop even more when the UK leaves.
US GDP: http://www.imf.org/external/pubs/ft/weo/2018/01/weodata/weor...
EU GDP: http://www.imf.org/external/pubs/ft/weo/2018/01/weodata/weor...
And yes, some parts of starting companies can be hard, thats what you have an accountant for who does that. Doing it yourself is madness in most/all of Europe I think. Might be easier in the US but I do think many of these think help rather that stifle (I like that you cannot hire/fire people on a whim for instance), however I agree it usually goes too far. And in that regard NL is still one of the easiest; ES, FR, DE are all far worse. Bureaucracy went a few levels beyond there.
I too had companies in a bunch countries, but not the US, and found Spain the hardest and the UK the easiest. HK in between. But after you opened a company and have the employees, I prefer the Netherlands. The tax actually seem to be willing to help you (had many company tax audits over the past 25 years in different countries and different companies and the NL ones seem to be by far the most relaxed).
But sorry for the misunderstanding (still think the product rant was a bit off on this topic as it probably is really not related), and I agree with you. But what is the solution. I would hate to see the NL/EU turn into the US (as it is now) and most of the fixes that countries try are incentives that usually make the rich richer, get companies in power etc. The end game there is bad for humanity in my opinion. But maybe you have actual solutions in mind without (those) sideeffects. In which case; ga in de politiek alsjeblieft!
100% certainly would.
> I'm arguing that it is a monopoly in the ordinary meaning of the word, in that effectively everyone uses Google and Google exerts a massive amount of power over their users.
What do you mean by "the ordinary meaning of the word" here? It's also not clear to me that "effectively everyone uses Google".
You might argue it's the fault of users for not being informed, but I think that if a company has a significant impact on the lives of 3 billion people (which again, is a larger influence than any single government on this planet -- and nation states have constitutions and laws specifically to ensure that they serve the people and are accountable) then it has reached the point where it either needs to be broken up or be regulated. I don't care which, I just think that this cowboy mentality (that software is somehow special and lives in a world where regulation is always an unreasonable viewpoint to have) has to stop at some point.
Regarding the term monopoly, there are different views on what precisely the term means. Google does have anti-competitive practices which you might argue make them act as a monopoly. You can argue they have a monopoly on internet searches because whenever they change PageRank in a way that negatively impacts some users (or when they make changes to GMail's spam filter so that it starts blocking valid emails) there isn't a rush to a different service because there is no way to co-ordinate such a rush. Instead you have other secondary industries like SEO which exist purely to try to keep websites reachable from Google. The fact they have the power to manipulate how the majority of sites operate clearly means they have significant (and in my view monopolistic) control over the market.
They also have a market share that is actually incomprehensible. Microsoft was indicted under anti-trust laws because of Internet Explorer being bundled with Windows. I think Google acts as much more of a monopoly than Microsoft did in the 90s, and "good guy Google" really is an outdated mental model for a company with that much influence over people's lives.
That seems to be false; I can read mailing lists hosted at Google Groups without logging in (for instance https://groups.google.com/a/groups.riscv.org/forum/#!forum/i... opens for me without asking for a login). I'm subscribed to that mailing list from an email address which is not a Google account, and I didn't have to log in to any Google account when I subscribed. I can post to that mailing list directly from a normal email client, through a non-Google email provider.
Of course you don't need to login in order to post on the mailing list, but I think that's only one of the three main features of a mailing list (broadcast, subscription, and archival) that I can do without logging in.
https://www.boots.com/boots-muscle-pain-relief-cream-35g-101...
That said, I do find the UK to be substantially better than the Netherlands for buying a lot of things, despite being only about a hundred miles away. I wish there was an easy way to get products from the UK to the Netherlands - that would make a lot of things easier. There's stuff like Borderlinx but the prices are very high for such a short distance.
Thankfully, the EU puts workers' welfare above a single person's idea(no matter how excellent somebody might think their idea is).
> Setting up a business also involves compliance with every law related to your business,
??? That's a bad thing? I'm delighted that businesses have to comply with minimum standards before they can trade.
My point is this: The EU has a ridiculous amount of bullshit laws, like this one, that make it harder to be a startup. These laws do not benefit the consumer at all.
It's idiotic arguments like yours - where people automatically assume hurting businesses is being pro-consumer - that has got us to the current stifling regulatory climate.
What? No you can’t. Is this entire thread disclaimed by your “sometimes I lie” line in your profile description?
This all sounds quite lucrative for the lawyers and notaries. It remains disruptive, unsettling and expensive, not to mention unnecessary, for everyone else. Depending on which of the EU’s 28 member states’ courts one finds oneself dragged into, what you’re proposing could be years of distraction.
Nobody will do this, no sane legal department signs this off or approves of such behavior. Doing otherwise is a great way to incinerate their legal licenses. There are fines for behavior like that.
The best outcome for the suing party of such a scenario is a 5 minute court room appearance in which the judge slaps you with a restraining order and closes the case.
This has literally never been an escalating problem in european courtrooms to my experience because judges don't like that behavior and laws exist to prevent it.
In theory, there are. In practice, the abuse of both copyright and offensive content notifications is rampant and almost never punished. You have to get to real hardcore crime on massive scale before judicial system starts noticing, and even then it can take years and a lot of effort to get it to do anything. In most cases, such abuse is completely unpunished or gets slap on the wrist.
Dubious. The other lawyer will claim they believed you had read the complaint and therefore that they were acting in good faith, and will see no punishment at all.
Or I just ban Tor users from creating reports, I'm not forced to enable abuse, if they have an actual complaint they can use their real internet connection. End of story.
If you are on holiday at that time, the court will in almost all cases instruct the other party to wait until you return at which point you can respond to the C&D.
Furthermore, it's a death by a thousand cuts scenario. It's not as if the Kill All Startups Act of 2009 is the one thing crushing European innovation, and by repealing that bill we solve all problems. Everything from transferring shares in a company to complying with GDPR to the address you register your business at to how to protect yourself legally is difficult here.
For many laws involved, I like the law but dislike parts of the implementation. For example GDPR. Given the choice between GDPR and no GDPR I'd prefer to have the GDPR. But there are a lot of issues in the implementation. There's entirely contradictory advice on the Internet from trustworthy sources on what is and isn't compliant. A number of lawyers suggest the use of arcane popups where you have to manually deselect each of hundreds of individual trackers. This strategy is used on a large number of websites now, including many popular ones. Is this compliant? Nobody knows! Even after spending many hours researching the GDPR and carefully crafting a plan based on advice from trusted lawyers you still might open yourself up to massive liability. The LOW tier of fines is _the higher of_ €20 million or 2% of your annual turnover. By making a simple one-person website I suddenly expose myself to a minimum of €20 million in liability! Now, is that fine likely if you make a good faith effort? No, but it is possible!
Here's an example of my mental calculations for starting a small website, based in the Netherlands vs. the US.
Netherlands: Hmm, I want to start a small website to sell widgets. First, I've got to form the company. Ah, shame, I'm not legally able to register the company at the address I live at. I've got to rent a shell office. Ok, time to go to a sketchy company and pay them €1200 per year to use their mailbox. I start to set up a website; I have to hire a lawyer to interpret many of the complex and interplaying laws around websites, widget selling, and small businesses in the EU and the Netherlands. After spending thousands, I'm ready to set up the site. I build my company, but it is an expensive process as many things I need cost far more than they would in America. Everything from pens to keyboards to hard drives is substantially more expensive. The site is now running, after spending a very large amount of money. I hire someone. They seem motivated and start working hard. Unfortunately, their output slows. My business is choking. I can't afford an unproductive employee. Dutch law means I can't fire the employee without their permission. I've got to take them to court or a public authority. I hire a lawyer again, and prepare the case. I show clear evidence that their firing would be justified. The employee resists, however, drawing out the proceedings. My bank balance nears zero. After a long and hard battle I win; the UWV decides that their firing is justified. As part of the "win", however, I must still compensate the employee many thousands of euros of salary, keep them employed until a set time, and pay myriad other costs. This drives me deep into bankruptcy. Because I am a small business, I am also declared personally bankrupt, and my assets are seized.
America: I want to make a small website to sell widgets. Wow, I get free grants from the government to encourage small businesses, nice! I set up the site and buy some widgets. I hire a local lawyer to ask about any relevant laws I've got to comply with. We sit down and for an hour of his time I now feel that I am sufficiently legally protected, and sleep easy. A few weeks later I get invitations to participate in the local business community. Wow, I'm invited to dinner with the governor of the state! My business expands and I hire someone to start shipping widgets. They work great for a few weeks, but then they stop working as quickly. My business struggles. After giving them some time to improve, their output is still low and I fire them. I hire another employee, and my business grows again; eventually, I retire on a yacht.