<
https://www.techdirt.com/articles/20210421/11175446653/european-commissions-attempt-to-backtrack-promise-to-defend-fundamental-rights-upload-filter-implementations-may-backfire-badly.shtml>
"One of the most disgraceful aspects of the EU Copyright Directive saga was the
shameless way its supporters swore that upload filters would not be required —
despite the evident fact that there was no other way to implement the new law's
requirements. And indeed, once the legislation was passed, France lost no time
in pushing for upload filters. Worse, its own implementation ignored what few
protections there were for users' fundamental rights. Fortunately, back in
2019, the Polish government made a formal request for the EU's top court, the
Court of Justice of the European Union (CJEU), to throw out upload filters.
That is still grinding its way through the EU's legal system, but its mere
existence could play an important role as EU member states grapple with the
impossible task of passing national laws to implement the EU Copyright
Directive.
To help them do that, the European Commission said it would release guidance on
how to reconcile the contradictory requirements of upload filters and user
rights. As a post by Communia accompanying an open letter to the Commission
explains, the first draft made it clear that national implementations of
Article 17 — upload filters — must contain built-in protection that limits
the automated blocking of uploads to situations where material is "manifestly"
infringing. Since that promising start, there has been no sign of the final
guidance. Instead, as Communia notes, there has been lots of lobbying against
user rights"
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
