This article is not available #uploadfilter

Well, it’s been a while, but I urge you to listen to me. I’m about to ring an alarm. This message is unfortunately quite political and contains a lot of my own view. Including some levels of anger and frustration over the reform of copyright law in the digital domestic market by the European Parliament. You will find used sources below the article.

Click here, for the German version of this article.

In my blog entry from June 17th, 2018 „Was mir Angst macht“, I talked briefly about the copyright law reform that has been circulating through the European Parliament. Seen in an economical way, this piece of legislation would do damage to news outlets, critics and journalists working within the European Union.

I. e. I criticize Intel over using their monopoly and damaging the chip development in the process. To prove myself, I’m using reliable reviews from, lets say tomshardware and my own review on After the implementation of upload filters, Intel would not only be able to sue tomshardware, but me as well, since tomshardware would be proving their article, using Intel long-term published data sheets. In reaction to that, the take down of tomshardware could trigger a chain reaction and Intel would be allowed to sue me over the use of their publicly available data as well and take down my reaction to my article.

That brings me to a second example which included a co-drafter called „Axel Springer SE“. This German publishing company owns some of the most known newsletters in Germany like „WELT“ and „BILD“ and of course their online presence. Especially the BILD has been under critique for sharing views from the far-right party AfD and claiming falsehoods or using questionable, even fabricated data towards the crime rates from migrants. A blog called „BILDblog“, a blog I really like to read is pointing towards those errors, using picture proof, that BILD is actually misleading in their content.

With upload filters implemented, BILDblog could not work like that anymore, since the editorial format would fall under BILD copyrighted content. This is degrading in-depth research to hearsay by law. And a study from Netzpolitik claimed, that Axel Springer SE alone could make a raise of up to 64% when this piece of legislation is implemented in European-wide copyright law.

Next up is some sort of an open letter to the party from the applicant Axel Voss (EVP/CDU), the man who had the idea of that kind of copyright reform Günther Oettinger (CDU), Germany’s government parties CDU/CSU & SPD and other supporters of this bill in the European Parliament, containing the members of german parties who a representing me, my friends and the people of Germany in the parliament.

I cease from calling people out, who are willing to learn and understand modern communication and technology, but are unable to find the time or the right amount of interest. But who are unwilling to try and stop a development which has been built around the globe for the past 30 years, I shall call, that you do not understand politics or the economy of their state. The proposed bill that has called for a reform of copyright law in the digital domestic market attacks the digital market share directly an indirectly including freelancers, service providers and information processors. 2/3 of the free market would suddenly be deeply hit by the reform of yours. You give companies and publishers a chance to sue anyone who are do not apply into their use of their content and open the door for monetization of the free Internet as we know it. Giving a lot of power to a dying market that is print media. You force anyone who has an opinion, to become a part of a messy content system, or at least a part of a giant database which will maintain a huge margin of error, undermining freedom of speech as we know it. The downside for media groups is: They will be damaged by reduced traffic on their websites. The upside, however will lead to the big players, building an oligopolistic economy in the process. I cease from complying with standards, that will undermine freedom of speech and freedom of press because you don’t want to understand the Internet of Things in the 21st Century. 

I do understand the importance of copyright law and while it could be useful, to have an EU-wide guidance, companies should not have the power, to bring my opinion or even negative criticism down. Which it does in the latest draft. 
As noted in the State of the European Union Address from September 12th, 2018, the proposed reform will also fight against advertisements from terrorist and extremist groups. In the same memo, the European Parliament claimed that it would not harm freedom of speech. As noted earlier: Which it does.
When this piece of legislation is implemented, I cannot cease from complying the first time with EU-skeptics. We cannot give up our personal freedom to comply with extremist standards. A trade union that has been built on the very resemblance of freedom of speech, expression, creativity and peace should fight any effort that try to tear this manifesto apart, instead of integrating a law that would prohibit people living within the union of any kind of freedom of expression.

If you, dear delegates continue to add insult to injury by framing signers of a petition that is working against your efforts, you are attacking about 1% of your voters, or to be numeric, over 4,7000,000 people living in the European Union. And then there is no need to wonder, if a certain single-digit percentage is missing from your ballot when parliamentary elections take place this May. Your law is a gift to populists, EU-skeptics and extremists on European soil. And I thought, that you are willing to protect us from them and not spill oil into their flame. 

I allow myself a conclusion of this open letter to you.
Your argument to fight extremist propaganda is cheap, misleading, outright anti-democratic, and pro-monopolistic. Your affords to provide better copyright laws are actively shooting against small and medium-sized media companies, against critics, against bloggers, against honorable journalists, against net- and freedom activists, against the freelancers and employees in the most progressive economy within Germany and the entire European Union. 

And all for what? Please explain that to me.

When you wish a slow down of development and innovation within the single market, take a look at the last four governments of Germany (Merkel I – IV). The only thing you will need for that is less funds. 
But this is not what the citizens are desperately need. The environments needs to grow, needs investments and free available information. Personally, I think it is weak and wrong, to fight an era of fear with isolation, when we need information and transparency. 

[spoiler title=’Sources’ style=’default’ collapse_link=’true’]

“Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on copyright in the Digital Single Market”

“Julia Reda: Fraktionsübergreifend gegen Zensurmaschinen im Internet: Koalitionsvertrag durchsetzen!”” via MEP Julia Reda

“Copyright Update #3_ Wikimedia kämpft gegen Upload-Filter” via netzpolitik

“#whatthevoss” via What the Voss

“Pressemitteilungen/PM 15 03 Upload-Filter: Beispiellose Last-Minute-Änderungen” via WikimediaÄnderungen

“DE policy/EU-Urheberrechtsreform Richtigstellungen Voss” via Wikimedia Meta-Wiki

“Das EU-Parlament legt einen Schleier über das Internet: Votum für Upload-Filter und Leistungsschutzrecht” via Netzpolitik


“Council ready to continue negotiations on the worst version of Article 13 yet” via MEP Julia Reda

“EU-Kommission will Terrorismus mit Upload-Filtern und automatischen Systemen bekämpfen” via Netzpolitik

So haben die deutschen Abgeordneten abgestimmt: via MEP Martin Sonneborn

“Google-Test: EU-Artikel 11 wird Traffic auf News-Seiten um 45 Prozent sinken lassen” via t3n

“Google reveals 45% traffic decline to news sites w/ snippet-less Search results due to EU’s Article 11” via 9to5google

“Traurig und Kurios: Google testet extrem zensierte Websuche für das kommende EU-Leistungsschutzrecht”

“Wissenschaftliches Gutachten zum Medien- und Kommunikationsbericht der Bundesregierung: Zur Entwicklung der Medien in Deutschland zwischen 2013 und 2016” via Presse- und Informationsamt der Bundesregierung (BPA)

“Europäische Union: Anteile der Wirtschaftssektoren am Bruttoinlandsprodukt (BIP) von 2007 bis 2017” via Statista

“Europawahl 2019” via Europa-Parlament (Europarl)

“Sperrklausel Europawahl 2019” via Wahlrecht

“Lage der Union 2018: Kommission ergreift Maßnahmen zur Entfernung terroristischer Inhalte aus dem Web – Fragen und Antworten” via

“Ergebnisse der Europawahl 2014” via Europarl

“Die Angst vor der “Zensurmaschine”” via Zeit

“Leistungsschutzrecht für Presseverleger – So ein Quatschgesetz” via Spiegel Online

“EU-Berichterstatter Axel Voss kupfert bei Bertelsmann ab”

“EU-Staaten einigen sich auf Upload-Filter und Leistungsschutzrecht” via Futurezone (aufgerufen am 09.02.19)


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