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posted by chromas on Wednesday June 13, @01:33AM   Printer-friendly
from the bells-will-be-ringing dept.

As Europe's latest copyright proposal heads to a critical vote on June 20-21, more than 70 Internet and computing luminaries have spoken out against a dangerous provision, Article 13, that would require Internet platforms to automatically filter uploaded content. The group, which includes Internet pioneer Vint Cerf, the inventor of the World Wide Web Tim Berners-Lee, Wikipedia co-founder Jimmy Wales, co-founder of the Mozilla Project Mitchell Baker, Internet Archive founder Brewster Kahle, cryptography expert Bruce Schneier, and net neutrality expert Tim Wu, wrote in a joint letter that was released today:

By requiring Internet platforms to perform automatic filtering all of the content that their users upload, Article 13 takes an unprecedented step towards the transformation of the Internet, from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users.

https://www.eff.org/deeplinks/2018/06/internet-luminaries-ring-alarm-eu-copyright-filtering-proposal


Original Submission

 

Reply to: Shifting the burden of proof to end fair use

    (Score: 5, Interesting) by Arik on Wednesday June 13, @01:52AM

    by Arik (4543) on Wednesday June 13, @01:52AM (#692189)
    As it is, you upload what you make, if someone else thinks they have an interest they can lodge a complaint, and if they're sure enough it's not fair use they can hire a lawyer and sue you for infringement. Burden is on them to assert a claim and then you get to assert fair use or another defense.

    Under the sort of regime the EU is set to legislate, it's the other way around. The filters look at what you upload, if they match it to something then they block you. It doesn't matter that it's fair use, the burden is on YOU to somehow find a way to contest the automatic decision of the machine. So YOU would have to sue THEM to establish your fair use right!

    And of course in reality that won't happen, probably not at all, certainly not enough. The real effect will be to repeal fair use by the back door. It may still exist on the books but you'll be left with no practical way to assert it.

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