The EU’s Latest Copyright Proposal Is So Bad, It Even Outlaws Creative Commons Licenses

All in all, these new systems will benefit the large and the unethical at the cost of the small and nimble

By Cory Doctorov and cross-posted from Boing Boing

The EU is mooting a new copyright regime for the largest market in the world, and the Commissioners who are drafting the new rules are completely captured by the entertainment industry, to the extent that they have ignored their own experts and produced a farcical Big Content wishlist that includes the most extensive internet censorship regime the world has ever seen, perpetual monopolies for the biggest players, and a ban on European creators using Creative Commons licenses to share their works.

Under the new rules, anyone who allows the public to post material will have to maintain vast databases of copyrighted works claimed by rightsholders, and any public communications that matches anything in these databases has to be blocked. These databases have been tried on much more modest scales — Youtube’s Content ID is a prominent example — and they’re a mess. Because rightsholders are free to upload anything and claim ownership of it, Content ID is a font of garbagey, sloppy, fraudulent copyright abuse: five different companies claim to own the rights to white noise; Samsung claims to own any drawing of its phones; Nintendo claims it owns gamers’ animated mashups; Sony claims it owns stock footage it stole from a filmmaker whose work it had censored; the biggest music companies in the world all claim to own the rights to “Silent Night”, a rogues’ gallery of sleazy copyfraudsters claim to own NASA’s spacecraft landing footage — all in all, these systems benefit the large and the unethical at the cost of small and nimble.

That’s just for starters.

Since these filter systems are incredibly expensive to create and operate, anyone who wants to get into business competing with the companies that grew large without having to create systems like these will have to source hundreds of millions in capital before they can even enter the market. Youtube 2018 can easily afford Content ID; Youtube 2005 would have been bankrupted if they’d had to build it.

And then there’s the matter of banning Creative Commons licenses

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