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Card Slinger J

So Article 11 and Article 13 Were Passed by the EU

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All the more reason why Brexit needs to happen right?


Here's the condensed breakdown for the logistics of Article 11 (The "Link Tax"):


The final version of this extra copyright for news sites closely resembles the version that already failed in Germany – only this time not limited to search engines and news aggregators, meaning it will do damage to a lot more websites.

Reproducing more than “single words or very short extracts” of news stories will require a license. That will likely cover many of the snippets commonly shown alongside links today in order to give you an idea of what they lead to. We will have to wait and see how courts interpret what “very short” means in practice – until then, hyperlinking (with snippets) will be mired in legal uncertainty.

No exceptions are made even for services run by individuals, small companies or non-profits, which probably includes any monetized blogs or websites.

Condensed breakdown for the logistics of Article 13:


Commercial sites and apps where users can post material must make “best efforts” to preemptively buy licenses for anything that users may possibly upload – that is: all copyrighted content in the world. An impossible feat.

In addition, all but very few sites (those both tiny and very new) will need to do everything in their power to prevent anything from ever going online that may be an unauthorized copy of a work that a rights holder has registered with the platform. They will have no choice but to deploy upload filters, which are by their nature both expensive and error-prone.

Should a court ever find their licensing or filtering efforts not fierce enough, sites are directly liable for infringements as if they had committed them themselves. This massive threat will lead platforms to over-comply with these rules to stay on the safe side, further worsening the impact on our freedom of speech.

For European citizens, if any user produces any kind video or visual material (i.e. fanart and gifs) that utilizes any kind officially licensed media -- video games, films, TV anime etc, it may no longer be possible to upload the material onto YouTube, Twitter or any kind of social media platform. Because the content provider will need to provide evidence that he and/or she was given authorization to make the content in the first place.

And with literally hundreds of hours of video content uploaded to sharing sites like YouTube, Twitter and Facebook being provided every minute, not to mention all the fan art that is distributed across various platforms like DeviantArt and Patreon, it will be impossible for those kind of sites to verify and determine what kind of content will be allowed to be distributed and what falls under copyright infringement.

That's where the IP copyright holders come in, and this is where it gets horrible...

IP copyright holders for film, TV, music and all forms of media have basically now been granted carte blanche to monetize or just outright take down any kind of fan-made material uploaded to any kind of social media that features content that belongs to them. Regardless of whether the fan-made material being produced is done so in a non-commercial capacity or not.

All kinds of content uploaded on the internet in Europe -- regardless of the platform it's uploaded on or whether it falls under fair use -- will now have to be checked, authorized and licensed for copyright ownership. The template of YouTube's Content ID system -- which is already deeply flawed as it is -- will now be used EVERYWHERE on EVERYTHING.

The only way firms and users will be exempt from the logistics of Article 13 is if they fall under all 3 of these categories:

  • They have been available to the public for less than three years
  • They have a turnover of less than 10 million Euros annually
  • They have less than 5 million unique visitors monthly

So many small websites are going to be hit hard by this as they will lack the power to negotiate fair licensing deals and the upload filters that will be needed to determine whether the content uploaded to their sites falls under copyright infringement or not will be insanely expensive for them. So there could several small websites that may have to shut down entirely because of Article 13. Imagine the censorship that the Chinese Government enforces over the Internet in China... this is even WORSE than that. It's a downright violation of free speech and will cripple the production of all kinds of content from a franchise's fandom in Europe.

I know this doesn't apply to the U.S. and other countries outside the European Union, however I felt the need to share this in fear that these countries might try to pass similar legislation behind closed doors without citizens not being able to have a say in the matter. The European Union says that there's a "special place in Hell" for Brexit supporters, because God forbid a country wants their independence back from a rotten organization that's done more harm than good. Perhaps history is repeating itself with the Brexit situation in regards to the European Union being similar to the French Revolution of the late 17th century.

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