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Re: Article 13 of the EU copyright review



* Chris Lamb:

> Would there any strong objections to the Project aligning itself
> against the new EU copyright review? For more background, here's a
> recent Linux Journal article about this reform attempt:
>
>   https://www.linuxjournal.com/content/how-eus-copyright-reform-threatens-open-source-and-how-fight-it

Which part?

I think the upload filters are fairly sensible, and Debian would
implement them if required in practice.  For us, infringing content is
low-quality content, and we train our users to avoid uploading it.
This is different for the likes of Youtube and Github.

I find it also problematic to suggest that copyright infringement is
somehow necessary for a thriving free software ecosystem.

I find Title IV, Chapter 3 (“Fair remuneration in contracts of authors
and performers”) far more problematic because as written, in seems to
effectively ban irrevocable free software licenses:

| Article 15
| Contract adjustment mechanism
| 
| Member States shall ensure that authors and performers are entitled to
| request additional, appropriate remuneration from the party with whom
| they entered into a contract for the exploitation of the rights when
| the remuneration originally agreed is disproportionately low compared
| to the subsequent relevant revenues and benefits derived from the
| exploitation of the works or performances.

<https://ec.europa.eu/transparency/regdoc/rep/1/2016/EN/1-2016-593-EN-F1-1.PDF>
(Apologies if this is not the current version.)

Germany already has similar provisions, but they exempt free
culture/free software licensing: these provisions do not apply to
works for which everyone has been granted basic exploitation rights.

So yes, we should do something about Title IV, Chapter 3, but I expect
that we'd be pretty much alone in that.


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