It is less than a week before the decisive vote on the proposed Directive on Copyright in the Digital Single Market. In the past few weeks MEPs have tried and failed to come up with a compromise position on the most controversial element of the directive proposal, the upload filters for online platforms that would be mandated by Article 13. As a result all options ranging from filtering obligations that would cripple online platforms to the deletion of Article 13 remain on the table for next week’s vote. On a positive note, MEP Dutch Marietje Schaake has tabled positive amendments to Article 3, which bring the exception as close as possible to the rule “The right to read is the right to mine”.
Article 13 still spells trouble for the knowledge community
We have been univocal in our conviction that the upload filters mandated by Article 13 are a terrible idea. They would limit the freedom of expression of European internet users and creators, and allow big corporate rightsholders to establish themselves as gatekeepers of cultural expression that would limit cultural diversity online. We are also concerned about the effects that filtering requirements would have on access to knowledge.
While most of the proposals on the table explicitly exclude open knowledge repositories like Wikipedia, open access publication platforms and free software repositories from the filtering obligations (and liability risks) established by Article 13, this does not guarantee that the directive will not limit access to knowledge and culture and damage the public domain. Exempting these service may protect them from the immediate negative effects of the Directive, but but it would not take away legal uncertainties for innovators in this space.. This is why projects from Wikipedia to GitHub to the library and research community still oppose Article 13. Just yesterday, Jimmy Wales, a Wikipedia co-founder, warned again that “foolish, detrimental changes to the law could make it really hard for future platforms to allow people the freedom to create.”
The decentralised nature of the internet has enabled a radical opening up of knowledge and a culture of sharing that has reduced the ability of commercial intermediaries to control and limit access to knowledge for profit making purposes. Continue reading