Skip to main content

EU approves controversial Copyright Directive, including internet ‘link tax’ and ‘upload filter’

EU approves controversial Copyright Directive, including internet ‘link tax’ and ‘upload filter’

/

Those in favor say they’re fighting for content creators, but critics say the new laws will be ‘catastrophic’

Share this story

The European Parliament has voted in favor of the Copyright Directive, a controversial piece of legislation intended to update online copyright laws for the internet age.

The directive was originally rejected by MEPs in July following criticism of two key provisions: Articles 11 and 13, dubbed the “link tax” and “upload filter” by critics. However, in parliament this morning, an updated version of the directive was approved, along with amended versions of Articles 11 and 13. The final vote was 438 in favor and 226 against.

The fight is far from finished

The fallout from this decision will be far-reaching, and take a long time to settle. The directive itself still faces a final vote in January 2019 (although experts say it’s unlikely it will be rejected). After that it will need to be implemented by individual EU member states, who could very well vary significantly in how they choose to interpret the directive’s text.

The most important parts of this are Articles 11 and 13. Article 11 is intended to give publishers and papers a way to make money when companies like Google link to their stories, allowing them to demand paid licenses. Article 13 requires certain platforms like YouTube and Facebook stop users sharing unlicensed copyrighted material.

Critics of the Copyright Directive say these provisions are disastrous. In the case of Article 11, they note that attempts to “tax” platforms like Google News for sharing articles have repeatedly failed, and that the system would be ripe to abuse by copyright trolls.

Article 13, they say, is even worse. The legislation requires that platforms proactively work with rightsholders to stop users uploading copyrighted content. The only way to do so would be to scan all data being uploaded to sites like YouTube and Facebook. This would create an incredible burden for small platforms, and could be used as a mechanism for widespread censorship. This is why figures like Wikipedia founder Jimmy Wales and World Wide Web inventor Tim Berners-Lee came out so strongly against the directive.

The Copyright Directive is set to reshape the internet globally

However, those backing these provisions say the arguments above are the result of scaremongering by big US tech companies, eager to keep control of the web’s biggest platforms. They point to existing laws and amendments to the directive as proof it won’t be abused in this way. These include exemptions for sites like GitHub and Wikipedia from Article 13, and exceptions to the “link tax” that allow for the sharing of mere hyperlinks and “individual words” describing articles without constraint.

In remarks following the vote in Parliament this morning, MEP Axel Voss, who has led the charge on Articles 11 and 13, thanked his fellow politicians “for the job we have done together.” “This is a good sign for the creative industries in Europe,” said Voss. Opposing MEPs like Julia Reda of the Pirate Party described the outcome as “catastrophic.”

Despite these disagreements, what’s clear is that if the Copyright Directive receives final approval by the European Parliament in January, it will have a huge, disruptive impact on the internet, both in the European Union and around the world. Exactly how the legislation will be interpreted will be up to individual nations, but the shift in the balance of power is clear: the web’s biggest tech companies are losing their grip on the internet.

Today’s Storystream

Feed refreshed An hour ago Midjourneys

E
External Link
Emma RothAn hour ago
Celsius’ CEO is out.

Alex Mashinsky, the head of the bankrupt crypto lending firm Celsius, announced his resignation today, but not after patting himself on the back for working “tirelessly to help the company.”

In Mashinsky’s eyes, I guess that means designing “Unbankrupt yourself” t-shirts on Cafepress and then selling them to a user base that just had their funds vaporized.

At least customers of the embattled Voyager Digital crypto firm are in slightly better shape, as the Sam Bankman-Fried-owned FTX just bought out the company’s assets.


M
Twitter
Mary Beth GriggsTwo hours ago
NASA’s SLS rocket is secure as Hurricane Ian barrels towards Florida.

The rocket — and the Orion spacecraft on top — are now back inside the massive Vehicle Assembly Building. Facing menacing forecasts, NASA decided to roll it away from the launchpad yesterday.


A
External Link
Andrew J. HawkinsTwo hours ago
Harley-Davidson’s electric motorcycle brand is about to go public via SPAC

LiveWire has completed its merger with a blank-check company and will make its debut on the New York Stock Exchange today. Harley-Davison CEO Jochen Zeitz called it “a proud and exciting milestone for LiveWire towards its ambition to become the most desirable electric motorcycle brand in the world.” Hopefully it also manages to avoid the cash crunch of other EV SPACs, like Canoo, Arrival, Faraday Future, and Lordstown.


A
The Verge
Andrew Webster1:06 PM UTC
“There’s an endless array of drama going on surrounding Twitch right now.”

That’s Ryan Morrison, CEO of Evolved Talent Agency, which represents some of the biggest streamers around. And he’s right — as you can read in this investigation from my colleague Ash Parrish, who looked into just what’s going on with Amazon’s livestreaming service.


R
The Verge
Richard Lawler12:59 PM UTC
Green light.

NASA’s spacecraft crashed, and everyone is very happy about it.

Otherwise, Mitchell Clark is kicking off the day with a deeper look at Dish Network’s definitely-real 5G wireless service , and Walmart’s metaverse vision in Roblox is not looking good at all.


J
External Link
Jess Weatherbed11:49 AM UTC
Won’t anyone think of the billionaires?

Forbes reports that rising inflation and falling stock prices have collectively cost members of the Forbes 400 US rich list $500 billion in 2022 with tech tycoons suffering the biggest losses.

Jeff Bezos (worth $151 billion) lost $50 billion, Google’s Larry Page and Sergey Brin (worth a collective $182b) lost almost $60b, Mark Zuckerberg (worth $57.7b) lost $76.8b, and Twitter co-founder Jack Dorsey (worth $4.5b) lost $10.4b. Former Microsoft CEO Steve Ballmer (worth $83b) lost $13.5b while his ex-boss Bill Gates (worth $106b) lost $28b, albeit $20b of that via charity donations.


R
Twitter
Richard Lawler12:00 AM UTC
A direct strike at 14,000 mph.

The Double Asteroid Redirection Test (DART) scored a hit on the asteroid Dimorphos, but as Mary Beth Griggs explains, the real science work is just beginning.

Now planetary scientists will wait to see how the impact changed the asteroid’s orbit, and to download pictures from DART’s LICIACube satellite which had a front-row seat to the crash.


M
The Verge
We’re about an hour away from a space crash.

At 7:14PM ET, a NASA spacecraft is going to smash into an asteroid! Coverage of the collision — called the Double Asteroid Redirection Test — is now live.


E
Twitter
Emma RothSep 26
There’s a surprise in the sky tonight.

Jupiter will be about 367 million miles away from Earth this evening. While that may seem like a long way, it’s the closest it’s been to our home planet since 1963.

During this time, Jupiter will be visible to the naked eye (but binoculars can help). You can check where and when you can get a glimpse of the gas giant from this website.


E
Twitter
Emma RothSep 26
Missing classic Mario?

One fan, who goes by the name Metroid Mike 64 on Twitter, just built a full-on 2D Mario game inside Super Mario Maker 2 complete with 40 levels and eight worlds.

Looking at the gameplay shared on Twitter is enough to make me want to break out my SNES, or at least buy Super Mario Maker 2 so I can play this epic retro revamp.


R
External Link
Russell BrandomSep 26
The US might still force TikTok into a data security deal with Oracle.

The New York Times says the White House is still working on TikTok’s Trump-era data security deal, which has been in a weird limbo for nearly two years now. The terms are basically the same: Oracle plays babysitter but the app doesn’t get banned. Maybe it will happen now, though?