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Re: Debian infrastructure in the EU / copyright challenges

On Wed, 23 Aug 2017 11:02:51 +0200, Adam Borowski wrote:

> 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

Thanks for digging up this document.
> # 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

Question 1: What are "information society service providers"? This is
not defined in this document, but it refers (on page 20) to
"Directive 2000/31/EC" [0] which is about e-commerce and says (on
page 3):

  The definition of information society services already exists in
  Community law in Directive 98/34/EC of the European Parliament and
  of the Council of 22 June 1998 laying down a procedure for the
  provision of information in the field of technical standards and
  regulations and of rules on information society services (4) and in
  Directive 98/84/EC of the European Parliament and of the Council of
  20 November 1998 on the legal protection of services based on, or
  consisting of, conditional access (5); this definition covers any
  service normally provided for remuneration, at a distance, by means
  of electronic equipment …

I don't think that Debian falls under this regime (we don't do
e-commerce for remuneration).

(18) mentions all kinds of non-remunerated activities but it still
talks about "a wide range of economic activities which take place
(19) again talks about "pursuit of an economic activity … place of
establishment of a company".

And Art.2 "Definitions" (c) finally reads:

  ‘established service provider’: a service provider who effectively
  pursues an economic activity using a fixed establishment for an
  indefinite period. The presence and use of the technical means and
  technologies required to provide the service do not, in themselves,
  constitute an establishment of the provider;

Question 2: What about the "uploads by their users"? Since Debian
doesn't allow random people to upload random stuff to its servers
which Debian then promotes, I think this also doesn't apply.


[0] http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32000L0031&from=EN

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