re:publica 2015: internet censorship around europe since acta
TRANSCRIPT
Internet censorship around Europe since ACTA
States think we're stupid
“Each Party shall endeavour to
promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement […]”
But did we, really?
« Cooperative efforts within the business community » will
• be efficient to address the problem (terrorism, child porn…) • not be abused by companies for anti-competitive purposes • guarantee the presumption of innocence of content provider • guarantee an effective remedy if content is being wrongly taken
down/blocked • guarantee your freedom of communication
EU Commission’s
Digital Single Market Strategy
6 May 2015
1. the launch an initiative for the take-down of material
2. the introduction of new repressive copyright measures
Digital Single Market Strategy announces…
E-Commerce Directive (2000/31/EC)
Article 15
No general obligation to monitor
1. Member States shall not impose a general obligation on providers, when providing the services covered by Articles 12, 13 and 14, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
Microsoft Terms of Use
“Microsoft reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.”
https://www.microsoft.com/en-us/legal/intellectualproperty/copyright
Papers, Please
EU Commission
Digital Single Market Strategy
“Follow the Money”
“governments should construct coalitions with reputable advertising networks, payment processors and rightsholders. Together, these coalitions can crack down and squeeze the financing behind online infringement.”
“Each Party shall endeavour to
promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement […]”
DSM
“For instance, Follow the money approaches have been put in place in order to reduce advertising revenues. Actions are sought from advertising companies or payment processors.”
“Each Party shall endeavour to
promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement […]”
« Due digilence « and « duty of care »: "ISPs should apply due diligence principles in their value chain - thus ensuring compliance and enforcement on the internet"
DSM
“Each Party shall endeavour to
promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement […]”
Article 52, Charter of Fundamental Rights
“1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms.”
• 2015: Copyright reform • 2016: Initiative leading to
possible proposal for combatting illegal content on the Internet
DSM
The Fight starts now …
… and Germany is key!
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