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Proposal for Spring Congress 05. - 07. April 2019

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Submitted at Monday, 1. April 2019 um 12:56 Uhr, in category "Urgency Resolution" with No. 107. Author/s: "Joventut Nacionalista de Catalunya (Laia Comerma).

The Spring Congress may decide:

Open and Free Internet

Considering that:

  • Last 26th of March, 2019, the European Parliament voted 348-274 (with 36 abstentions) in favour of the Directive on Copyright in the Digital Single Market.
  • This Directive keeps Article 13, which requires that nearly all for-profit web platforms get a license so as to be able to share content with copyright for each user that uploads or installs filters of content or censors content; if they do not have it, they have to make whatever they can to avoid this content from being uploaded if they do not want to be subject of infraction.
  • Article 11, which was also approved, forces content aggregators or compilers to pay editors if they want to link their stories.

Noting that:

  • The Directive could have been approved excluding these two controversial articles, but that the preliminary voting of the amendments was turned down by a margin of 5 votes, forcing the Parliament to vote on the entire package;
  • According to a TechDirt report, several MEPs – thirteen, specifically – who voted against the amendment vote declared to have voted mistakenly, believing they were voting on something else.
  • There was a large popular movement through a campaign against the Directive that got more than 5 million firms, a significant amount of e-mails and calls to MEPs, demonstrations with more than 170,000 participants, web pages and communities blackouts, warning by academics, consumer groups, startups and companies, and by the Special Rapporteur on Freedom of Expression of the UN;
  • The scientific community considers that the Directive poses too many restrictions on the use of TDM techniques, which also have applications for artificial intelligence research;
  • Spain and Germany tried to approve a similar piece of legislation in 2014 and failed;
  • A free and open internet is crucial for a whole generation of young people that has grown with it and that having it or no will define future generation and their relation with the Internet.

Considering that:

  • For the application of Article 13 the use of content filters was required from nearly all digital platforms, which consist on programs that detect content with copyright, similar to contented, the one used by YOUTUBE. This algorithms have provenly shown a significant number of false positive, and current technology is not yet ready to assure that exceptions to Article 13 (educative content, comedy, etc.) will not be equally censured;
  • This Directive not only is applicable to Internet giants, but also to medium platforms. These webs of smaller size do not have the negotiating power required to get good deals with the holders of copyright licenses, nor the economic capacity to implement content filters. Therefore, these would cause an increase in the polarization of the Internet market, leading us towards an oligopoly even more severe.

LYMEC:

  • Considers that Article 13 poses a danger to competition, creativity and freedom of expression in the digital environment, on top of favouring large right-holders, harming online communities, lowering or even stopping innovation and entrenching established big tech actors;
  • Fears that Article 13 may give platforms the capacity to act as a filter to prevent user of uploading any content that may potentially violate copyrights or even arbitrarily block user-generated content that re-uses perfectly legal content to make a parody, for instance, forcing thus the removal of totally innocent content;
  • Warns that the Directive acts against small competitors in favour of big companies such as Facebook or Google, as the former will not be capable of deploying the technology Article 13 requires;
  • Warns that Article 13 may also lead towards a greater marginalization of specific groups and voices that are often under-represented on the media;
  • Esteems that Article 11 could harm the users’ capacity to share content through the web;
  • Believes that the Directive begins a dangerous path towards the increase of control in the web for the sole benefit of big right-holders to the expense of users’ rights and public interest;
  • Asks Member States to apply and interpret the Directive in a way that minimizes the potential risks it encloses, thus making the best use of the ambiguity in its writing;
  • Calls for the legitimate challenges related to a fair remuneration of content creators to be addressed via innovative solutions instead of excessive restrictions to the common Internet and the associated fundamental rights and freedoms of expression and information;
  • The LYMEC Bureau to forward this resolution to the ALDE Party and to the ALDE Council;
  • The LYMEC member organisations and member contacts in the EU member states and applicant states to pressure their mother parties and other politicians to achieve the aims of this resolution.

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Attention: The preview is without line numbers and not the officiall version. The official text is included in the proposal book for Spring Congress 05. - 07. April 2019.


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Amendments for this proprosal:

  • Zu diesem Antrag liegen keine Änderungsanträge vor.
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