<
https://walledculture.org/upload-filters-unjustified-blocks-unfair-appeals-process-and-a-system-rigged-in-favour-of-big-content/>
"The EU Copyright Directive contains one of the worst ideas in modern
copyright: what amounts to a requirement to filter uploads on major sites.
Despite repeated explanations of why this would cause huge harm to both
creators and members of the public, EU politicians were taken in by the
soothing words of the legislation’s proponents, who even went so far as to deny
that upload filters would be required at all.
The malign effects of the EU Copyright Directive have not yet been felt, as
national legislatures struggle to implement a law with deep internal
contradictions. However, upload filters are already used on an ad hoc basis,
for example YouTube’s Content ID. There is thus already mounting evidence of
the problems with the approach. A new report, from the Colombian Fundación
Karisma, adds to the concerns by providing additional examples of how creators
have already suffered from upload filters:
This research found multiple cases of unjustified notifications of supposed
violation of copyright directed at content that is either part of the public
domain, original content, or instances of judicial overreach of copyright
law. The digital producers that are the target of these unjust notifications
affirm that the appeal process and counter-notification procedures don’t
help them protect their rights. The appeals interface of the different
platforms that were taken into account did not help resolve the cases, which
leaves digital creators defenseless with no alternative other than what they
can obtain from their contacts. This system damages the capacity of these
producers to grow, maintain and monetize an audience at the same time that
it affects the liberty of expression of independent producers as it creates
a strong disincentive for them. On the contrary, this system incentivizes
the bigger production companies to claim copyright on content to which they
hold no rights.
As that summary notes, it’s not just that material was blocked without
justification. Compounding the problem are appeal processes that are biased
against creators, and a system that is rigged in favour of Big Content to the
point where companies can falsely claim copyright on the work of others. The
Fundación Karisma report is particularly valuable because it describes what has
been happening in Colombia, rounding out other work that typically looks at the
situation in the US and EU."
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
