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Re: Debian infrastructure in the EU / copyright challenges

On Wed, Aug 23, 2017 at 09:36:08AM +0200, Florian Weimer wrote:
> * Daniel Pocock:
> > There has been some discussion about the potential impact of the latest
> > copyright legislation[1] on sites/services that share source code or
> > facilitate collaborative development services.
> Do you have a link to the text of the proposal?

Not found nor apparently even linked anywhere on the EFF site, they seem to
refer to http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=17200

> The EFF probably misrepresents its contents.  It seems unlikely that a
> specific approach to copyright review will be mandated.
> I think we are already removing “meme”-type content from packages for
> copyright reasons, so it is unclear to what extent Debian would be
> affected.

The EFF's campaign sounds alarmist, but this doesn't imply it's untrue.
Here's an analogy:
"By keeping a coal plant for just two days, you're a murderer!"
Which, on the face value is wrong:
* murder requires intent towards a specific person, so here it's
* no jurisdiction currently makes such a long causal chain criminal
Also, what constitutes a "coal plant" is unclear as you can have a coal
generator in your cellar; this particular sound bite matches the count
of plants >=30MW.
Yet in this analogy the sound bite actually grossly _underestimates_
the problem: it takes only short-term airborne pollution in mind, so fails
to account for much more dangerous global warming, etc.
But just think if you used this sound bite -- most people would call you
an alarmist kook, right?

So with this in mind, let's see the wording of the proposal:

# Article 13
# Use of protected content by information society service providers storing
# and giving access to large amounts of works and other subject matter
# uploaded by their users
# 1. Information society service providers that store and provide to the
# public access to large amounts of works or other subject matter uploaded
# by their users shall, in cooperation with rightholders, take measures to
# ensure the functioning of agreements concluded with rightholders for the
# use of their works or other subject matter or to prevent the availability
# on their services of works or other subject matter identified by
# rightholders through the cooperation with the service providers.  Those
# measures, such as the use of effective content recognition technologies,
# shall be appropriate and proportionate.  The service providers shall
# provide rightholders with adequate information on the functioning and the
# deployment of the measures, as well as, when relevant, adequate reporting
# on the recognition and use of the works and other subject matter.
# 2. Member States shall ensure that the service providers referred to in
# paragraph 1 put in place complaints and redress mechanisms that are
# available to users in case of disputes over the application of the
# measures referred to in paragraph 1.
# 3. Member States shall facilitate, where appropriate, the cooperation
# between the information society service providers and rightholders through
# stakeholder dialogues to define best practices, such as appropriate and
# proportionate content recognition technologies, taking into account, among
# others, the nature of the services, the availability of the technologies
# and their effectiveness in light of technological developments.

Debian _does_ "store and provide to the public" (with an extensive network
of mirrors, even) "large amount of works" (which, unlike previous such
proposals, are not in any way limited to just music and videos -- software
packages are also copyrighted works.  Packages also often include images,
sometimes music (games) and rarely videos.) "uploaded by users" (DDs are
not employees, and we do take a large amount of sponsored uploads from
contributors with no formal relation at all).

The main archive probably is less in a danger, those provided by Alioth
seem more problematic.  The former would be the target of SCO-likes who are
few, the latter would fall to far more likely campaigns against GitHub and

⣾⠁⢰⠒⠀⣿⡁ Vat kind uf sufficiently advanced technology iz dis!?
⢿⡄⠘⠷⠚⠋⠀                                        -- Genghis Ht'rok'din

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