"The anti-Net Neutrality provisions — buried deep within this 158-page
bill — would strip the FCC of the money it needs to enforce its open
Internet protections. The provisions would also prevent the rules from
remaining in effect until after the court cases challenging them have
been decided — a process that could take years."
http://www.freepress.net/blog/2015/06/17/sneak-attack-net-neutrality-picks-…
Can we please ask US senators to remove attempts at prohibition in
funding bills during conference committee markup?
Dear all,
yesterdays decision by the ECHR on the liability of an internet news portal
for offensive online comments makes me wonder about its implications for
wikipedia:
"Commercially-run Internet news portal was liable for the offensive online
comments of its readers"
http://hudoc.echr.coe.int/sites/eng-press/Pages/search.aspx#{%22sort%22:[%2…
Since this potentially affects all 47 member states of the council of
europe, it could have far-reaching effects.
Does anyone have further insights or opinions?
Nikolas
--
Nikolas Becker
Mitglied des Präsidiums / Member of the Board
-------------------------------------
Wikimedia Deutschland e.V.
Tempelhofer Ufer 23-24
10963 Berlin
How about
Recognising that the use of photographs, video footage or other images of works which are
permanently located in physical public are an indispensable part of cultural heritage and the free press and should therefore be permitted.
Best
Hauke
-------- Ursprüngliche Nachricht --------
Von: Dimitar Parvanov Dimitrov <dimitar.parvanov.dimitrov(a)gmail.com>
Datum: 16.06.2015 13:07 (GMT+01:00)
An: Advocacy Advisory Group for Wikimedia <advocacy_advisors(a)lists.wikimedia.org>
Betreff: Re: [Advocacy Advisors] InfoSoc Own-Initiative Report Vote Today
It doesn't say that. It says:
16. Considers that the use of
photographs, video footage or other images of works which are
permanently located in physical public places should be permitted.
I guess there was some formatting that came our wrong on the other end.
2015-06-16 13:02 GMT+02:00 Marcin Cieslak <saper(a)saper.info>:
On Tue, 16 Jun 2015, Dimitar Parvanov Dimitrov wrote:
> @Marcin, in this case, anything that flies with the media and helps us
> change the text would work. The report that was adopted already calls for
> minimum standards for exceptions. We're not getting more, but we might get
> less.
I agree. Let's not only forget that so called media are the party
to this discussion and not necessarily a friendly one. But I agree
we need to wor with them.
> I think we should work on a very neutral, non-scary text as an amendment
> for the plenary. Perhaps something along the lines of:
>
> 16. Invites the EU legislator to recognise that the use of photographs,
> video footage or other images of works which are permanently located in
> public places is permitted.
>
> Otherwise, working on the original Cavada text, we could go for:
>
> 16. Considers that the *commercial* use of photographs, video footage or
> other images of works which are permanently located in physical public
> places should *always* be *permitted* *subject to prior authorisation from
> the authors or any proxy acting for them*.
How do you understand "should always be permitted"? - that kind of
~Marcin
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Hi,
in a few hours the Legal Affairs Committee (JURI) will vote on the
own-initiative report (not a legal instrument, but rather a recommendation)
by Julia Reda.
The full name of the document is Report on the Implementation of Directive
2001/29/EC on the harmonisation of certain aspects of copyright and related
rights in the information society. It is about the implementation of the
current copyright framework and how it could be updated. It is also a very
first step in the process that will continue with the Commission proposing
a reform text before the end of the year.
What's in it for us?
- *Freedom of Panorama* is looking good as it stands, but there is high
chance of "non-commercial" being added to it. There was no compromise on
this, so we tried everything we could in the past week.
- In order for Freedom of Panorama to be preserved or even extended,
following amendments need to be rejected: 414/415/417/420/422/423/424/426
- *Compromise Amendment 5* will call for "lowering the barriers to
Public Sector Information".
- *Compromise Amendment 6* will say that it "urges the Commission to clarify
that once a work is in the public domain, any digitisation of the work
which does not constitute a new, transformative work, stays in the public
domain."
- *Compromise Amendment 6 *will also call the Commission to examine
"whether rightholders may be given the right to dedicate their works to the
public domain, in whole or in part".
- *Compromise Amendment 7* will explicitly call on the Commission to
refrain from further copyright term extentions.
- While very watered down, *Compromise Amendments 10 and 11* call for at
least some harmonisation by mentioning "minimum standards across the
exceptions and limitations".
- *Compromise Amendments 13 and 14* try to propose introduce an "open
norm" to EU copyright, but are so watered down, that the initial intention
is almost gone. Still OK to have.
- *Compromise Amendment 18* on Text and Data Mining is rather weak, but
at least it doesn't do any harm.
- The paragraph on linking liability is completely off, which is to be
welcomed, since it would have gone in the wrong direction.
All in all, I am very happy and excited about Compromises 6 and 7.
Compromise 5 is a step in the right direction, although not as clear as we
wanted it. Freedom of Panorama remains a major worry. In a worst case
scenario we might just want to kill it in a later stage of the legislative
process to guard the status quo if the the "non-commercial" fixation
remains this sticky.
Voting should begin around 10:30.
Live stream: http://www.europarl.europa.eu/ep-live/en/committees/video…
<http://www.europarl.europa.eu/ep-live/en/committees/video?event=20150616-09…>
Voting list: https://juliareda.eu/wp-content/uploads/…/03/voting_list.pdf
<https://juliareda.eu/wp-content/uploads/2015/03/voting_list.pdf>
Dimi
This is important enough to forward here because it's being ignored on
wikimedia-l:
> http://www.euractiv.com/sections/health-consumers/new-law-muzzle-whistleblo…
I think we need to formulate a strong response to broad trade secrets
laws, to protect editors and the Foundation from abuse. In the past,
the PCI Consortium and Sony have been extremely aggressive, requiring
Foundation officials to waste a lot of time revision-deleting factual,
de facto public information, which may at one time have been a trade
secret but has long since left the genie's bottle or horses' barn,
including practical information about home-brew PC construction and a
40 digit hexadecimal number, respectively.
I hope we can advocate for a law revision that doesn't punish the
Foundation or editors for other people's leaks.
Good morning, everybody!
The Freedom of Panorama compromise amendment that we were working on for
the past months and that looked like a very likely scenario is off now.
This isn't good news. At the end, even the UK Conservatives tried to save
it. This is somewhat positive. However, not enough shadows signed off on
it.
This means that now we're back to the original text of the report, which
reads:
#16
Calls on the EU legislator to ensure that the use of photographs, video
footage or other images of works which are permanently located in public
places is permitted;
The risk is that amendments filed by a number of MEPs from the largest
groups will be voted on. These include "non-commercial":
AM 415/422/423 (identical)
#16
*Invites* the EU legislator to *recognise* that the use of photographs,
video footage or other images of works which are permanently located in
*physical* public places is permitted *and should be considered to be in
the public domain, where that use is for a non-commercial purpose or scale;*
The legal affairs committee (JURI) has 24 voting members, which means we
need 12 people against to be sure they won't pass and the original text
stands. Counting abstentions probably even fewer than 12 no votes will be
enough, but let's aim for the full dozen.
The vote is next Tuesday. The fact that the AM is legally incoherent should
help us bring up some additional good arguments against. I will be
contacting the Europeans among you with more specific briefs on who to call
and what to say.
Cheers,
Dimi
Hey all,
If you're interested in Open Access, Open Data and Open Education, the Open
Con this year take place in Brussels 14-16 November. [1]
The conference is aimed at Open communities sharing know-how and project
experiences, but will also have a very clear focus on policy and policy
makers.
So, if you want to to acquire skills in organising national/local Open
projects or learn how to advocate for Open, this might be for you. Deadline
is 22 June.
I am not sure if our own TPS programme could be applied to here? [2]
Best,
Dimi
P.S.: I was invited to join the a conference advisory group for this, so if
you have any suggestions you'd like me to share there, let me know!
[1]http://opencon2015.org/blog/opencon-2015-applications-are-open
[2]https://meta.wikimedia.org/wiki/Grants:TPS
Salut la liste!
Presenting the Digital Single Market Strategy last month, the
Vice-President Ansip and Commissioner Oettinger focued on exceptions for
libraries, education and text and data mining. A few days ago, at at speech
at the European Digital Forum Vice-President Ansip mentioned FoP as a
standalone example, which is a good indicator that agenda-setting efforts
are getting traction:
Then there is the wide variety of rules that apply across the EU's 28
countries, with exceptions that are different in every one.
Exceptions for public libraries, museums, archives, teaching; different
rules everywhere about using photos of public buildings.
The result is a series of national discrepancies: hardly a fair environment
for creative competition in a single internal market. The rules should be
brought into line across Europe so everyone knows where they stand.
Europe's strength lies in its cultural diversity. But culture thrives on
exchange and openness – not from being locked away on artificial cultural
'islands' where others cannot gain access.
http://europa.eu/rapid/press-release_SPEECH-15-5089_en.htm
Many thanks to everyone who participated so far and have a sunny weekend!
Cheers,
Dimi
tl;dr
Two weeks until the committee vote that will include FoP and PDGo.
Wikimedia co-hosted a Freedom of Panorama event in the EP. That Commission
officially announced a Digital Single Market Strategy.
This and past reports: https://meta.wikimedia.org/wiki/EU_policy/Monitor
-----------------
-----------------
Two weeks before EP committee vote on the InfoSoc (Copyright) Report>>>
-----------------
1) Looking for a new FoP compromise: After an initial rush by almost
everyone to include a non-commercial restriction to Freedom of Panorama,
there are currently only two groups left whose shadow rapporteurs demand it
- the radical left (GUE) and the liberals (ALDE). While they are nowhere
near a majority, they do make finding a compromise that suits us much
harder as they distract the conversation and demotivate the larger groups
to deal with it. We need to get the GUE to withdraw this request and a
larger group to propose a new compromise.
-----------------
2) PDGov an uphill battle: Having “public domain for public works”
explicitly mentioned in the compromise will be a tough feat to achieve.
Everyone is for “lowering barriers to public sector information” though.
We’ll get something that can be used with the Commission to push for more
free knowledge in publicly funded content, the question is what exactly.
-----------------
-----------------
FoP Event by co-hosted by Wikimedia>>>
-----------------
1) What now?: Yes, we organised an expert seminar on Freedom of Panorama in
the EP. See poster: http://wmde.org/1dGHpob It was hosted by the chair of
the Legal Affairs committee Pavel Svoboda. As he is from the largest
parliamentary group, this puts the topic firmly on the political map. Apart
from this we wanted to demonstrate that we can defend our arguments in a
face-to-face public conversation with ollecting societies and authors. This
worked out quite nicely. Some pictures here: http://wmde.org/1dGXKt3
-----------------
2) Main arguments: While the collecting society representative kept saying
that it is about authors’ choice if their works should be used or not, our
representative in the panel stressed, that authors make a conscious choice
by placing their works permanently in the public space. Apart from that
nothing really new. Plenty of talk about moral rights, which we’re in no
way questioning.
-----------------
3) First concrete result: Creative Commons will have a conference call with
the European Commission to share their experience on working with NC
licensing and provide examples why this causes a lot of trouble and doesn’t
really achieve much.
-----------------
4) Second concrete result: Last time I told you about several IPR working
groups. It looks like the one lead by our all time favourite MEP Jean-Marie
Cavada (wmde.org/1EtJGLV) that we critisiced in an open letter together
with other civil society groups (wmde.org/1I0urOx) will now finally take up
the issue of FoP and have us invited. Wait and see, but this would be huge
step forward for our agenda-setting agenda.
-----------------
5) Trivia: How many exceptions/limitations to copyright have had their very
own event in the EP?
We shall draw a winner out of a tinfoil hat among everyone who answered
correctly. Prize is a surprise.
-----------------
-----------------
DSM Strategy>>>
-----------------
1) Presentation of Strategy: On 6 May the Commission presented its plans on
the Digital Single Market (http://wmde.org/1FoZcHb). The whole event was
vaguely unexciting. Good news is that geo-blocking is seperate from
copyright (see communicaiton: http://wmde.org/1QjTD1G). Further good news
is that enforcement is mentioned in the last place, which hopefully means
they’ll never get around to tackling it. Also worth some thought is that
they want to re-open the Cable and Satellite Directive, which makes it
possible for European TV stations to broadcast a film over satellite to all
of the EU territory. Something that currently seems to be impossible using
internet technology. Timeline says copyright proposal before end of year,
Cable and Satellite Directive early 2016: http://wmde.org/1GgpdOA
-----------------
2) DSM Intergroup first meeting post strategy announcement: The
parliamentary group on this topic had their first meeting on the 26th. A
lot of support for the Commission but nothing concrete. Favourite quote by
UK MEP Dalton: “The Commission says it doesn't want to break existing
businesses, but this means you won't have innovation.” Other than that
we’ll take statements from relevant MEPs and try to link to to our issues.
Webstream here: http://wmde.org/1eLlcFA
-----------------
3) ITRE Meeting on DSM: On the 28th Mr. Oettinger presented the roadmap to
the EP’s Industry, Trade and Research committee. He talked plenty about
infrastructure and research, but also mentioned copyright reform and the
need to move quickly. Most MEPs seemed to agree that we need a digital
single market but appeared greatly confused about what this actually means.
Spanish conservative MEP Pilar de Castillo Vera emphasised that a single
market is fundamental and called to Commission to show more leadership on
the issue. Video: http://wmde.org/1FlQJn8
-----------------
4) Commission Orientation Debate: On 25 March the Commission gathered to
discuss the DSM strategy internally. Thanks to Freedom of Information laws
we received the document: http://wmde.org/1PZJ7ls
If nothing else, it shows some of the Commission’s internal thinking and
what made the cut compared to the official communication (
http://wmde.org/1QjTD1G).
-----------------
5) Oettinger gazing into the future: The Commissioner for Digital Economy
and Society made a bold claim about the future at the recent European
Council meeting by saying: “I would dare to suggest that tomorrow our young
people will not be reading newspapers on paper, but they will be using
their smartphones and their tablets to read the contents of the
newspapers." Video: http://wmde.org/1HGTe50
-----------------
-----------------
Anti (c) reform coalition announced in the UK: Yes, we can finally assign
at least one official name to the anti-copyright reform coalition. When
NBCUniversal teams up with the BBC we should be worried on so many
different levels. Citation needed? Here you go: “We are absolutely of one
mind that this is probably the single biggest threat to our ability to make
high-quality content in the UK.” Plenty more of this to come. Enjoy:
http://wmde.org/1FP3nOU
-----------------
-----------------
Draft Report on Human Rights and Technology: The report (
http://wmde.org/1eLmdNZ) by liberal Dutch MEP Marietje Schaake on “Human
rights and technology: the impact of intrusion and surveillance systems on
human rights in third countries” passed in the Foreign Affairs committee
with 33 votes in favour, 6 against and 24 abstentions. Huge amount of
abstentions, guess they didn’t have the courage to vote against. Can be
used to argue that surveillance systems are violating human rights.
-----------------
-----------------
Takedown rules mulled over by EU Commission: Not a hot topic currently but
the European Commission might look into writing up more precise online
“notice and takedown” rules (http://wmde.org/1M45xw5). Our 30-second
analysis: We shouldn’t let ourselves get distracted by this. As long as no
one re-opens any directives we’re on the safe side. If this really happens,
we should look into a solution similar to the US DMCA rules, but need not
to be overly concerned, as our servers are over the big pond.
-----------------
-----------------
Call for action>>>
-----------------
1) Wikimedia Public Policy Movement Goals: Brainstorming here:
http://wmde.org/1GRG0GB. At Wikimania we’d like be able to have an informed
and focused conversation on specific asks. Let’s show we’re a movement that
can open and close complex discussions within a manageable timeframe.
-----------------
2) Layout of short & simple brochures: Graphic design is your thing? We
would like to have three brochures on our EU Policy goals and wouldn’t mind
them to boost appealing looks.
-----------------
-----------------