So the EU
kind of fucked up that thing about Net Neutrality, but may be working on something good with a massive overhaul of its copyright and content rules that seems to be very much pro consumer.
The title is kind of simplistic given the scope of the new rules, but honestly, I couldn't figure out something better that wouldn't go over the allotted character count. There's so much stuff here I'm just going to put some choice quotes instead of writing the huge essay it probably deserves.
Commission proposes modern digital contract rules to simplify and promote access to digital content and online sales across the EU
What does this means? For starters, better consumer protection, including the possiblity of getting your cash back if you purchased a game that is just plain broken.
Consumers will benefit from a higher level of consumer protection, a wider choice of products at more competitive prices:
- Reversal of the burden of proof:For instance, if an Italian consumer discovers today that a product he/she purchased online more than 6 months ago is defective and asks the seller to repair or replace it, he/she may be asked to prove that this defect existed at the time of delivery. Under the proposed new rules, throughout the two-year guarantee period, the consumer will be able to ask for a remedy without having to prove that the defect existed at the time of delivery.
- Clear and specific rights for digital content: For instance, a consumer who downloads a game which is then not working properly may currently receive as compensation only a discount on downloading other games in the future. With the proposed directive, consumers will be able to request such problems to be fixed and, if this is not feasible or not done properly, to obtain a price reduction or terminate the contract and be fully reimbursed.
But also a common legal frame for all the digital merchants in the EU. As someone working in that particular area, I can only say
FUCKING FINALLY. Consumers and some small business operating in the EU are going to love this.
Businesses will be able to supply digital content and sell goods online to consumers throughout the EU, based on the same set of contract rules:
- Legal certainty and a business-friendly environment: Today businesses need to spend time and money to adapt to contract law rules in Member States they sell to. Under the proposed rules, businesses will no longer need to deal with this fragmentation: they will be able to supply digital content or sell goods to consumers in all Member States based on the same set of key contract law rules.
- Cost savings for businesses: Businesses now face an additional one-off cost of €9,000 to adapt to the national contract law of each new Member State they wish to sell to. With the new EU-wide rules, a business could save up to €243,000 if it wishes to sell to all 27 other EU countries.
And now for the real treat:
Commission takes first steps to broaden access to online content and outlines its vision to modernise EU copyright rules
A modern and more European copyright framework
The Commission's action plan is built on four complementary pillars of equal importance. It also sets out a long-term vision for copyright in the EU (see factsheet on the communication and detailed Q&A).
1. Widening access to content across the EU
Today's rules on the content portability represent a first step towards improving access to cultural works. For example: a French user of the online service MyTF1 for films and series is not able to rent a new film while on business trip to the UK. A Dutch subscriber to Netflix travelling to Germany is only able to watch films offered by Netflix to German consumers. If he visits Poland, he is not able to watch films on Netflix as Netflix is not available in Poland. This will change. When travelling across the EU, users will have access to their music, films and games as if they were at home (see factsheet on the new rules).
More will be proposed in spring next year. Our aims are to allow a better circulation of content, offer more choice to Europeans, to strengthen cultural diversity and provide more opportunities for the creative sector. The Commission intends to improve the cross-border distribution of television and radio programmes online (via the review of the Satellite and Cable Directive) and to facilitate the granting of licences for cross-border access to content. The Commission will also help give new life to works which are no longer commercialised.
The Commission will further use its Creative Europe programme to help European cinema to reach a broader audience. The action plan foresees the development of innovative tools, such as a "European aggregator" of online search portals and "licencing hubs" to foster the distribution of films which are only available in a few Member States.
2. Exceptions to copyright rules for an innovative and inclusive society
The Commission intends to work on key EU exceptions to copyright. Exceptions allow for copyright-protected works to be used, in defined circumstances, without prior authorisation from the rights holders. The Commission will revise EU rules to make it easier for researchers to use "text and data mining" technologies to analyse large sets of data. Education is another priority. For example, teachers who give online courses should be subject to better and clearer rules, that work across Europe. Also, the Commission wants to help people with disabilities to access more works (this is the aim of the Marrakesh Treaty). The Commission will finally assess the need to reduce the legal uncertainty for internet users who upload their photos of buildings and public art works permanently located in public places (current exception for panorama).
3. Creating a fairer marketplace
The Commission will assess if the online use of copyright-protected works, resulting from the investment of creators and creative industries, is properly authorised and remunerated through licences. In other words, we will assess whether the benefits of the online use of those works is fairly shared. In this context, the Commission will look at the role of news aggregation services. The Commission's approach will be proportionate: there is no intention to "tax" hyperlinks; i.e. users will not be asked to pay for copyright when they simply share a hyperlink to content protected by copyright. The Commission will also analyse whether solutions are needed at EU level to increase legal certainty, transparency and balance in the system that governs the remuneration of authors and performersin the EU, taking EU and national competences into account. The results of the ongoing public consultation on platforms and online intermediaries will contribute to this general reflection.
4. Fighting piracy
Wider availability of content will help to fight piracy, given that 22% of Europeans believe that illegal downloads are acceptable if there is no legal alternative available in their country. The Commission will go beyond this by making sure that copyright is properly enforced across the EU as part of its comprehensive approach to improve enforcement of all types of intellectual property rights. In 2016, we will work on a European framework to "follow-the-money" and cut the financial flows to businesses which make money out of piracy. This will involve all relevant partners (rights holders, advertising and payment service providers, consumers associations, etc.) with the aim to reach agreements by spring 2016. The Commission intends to improve EU rules on the enforcement of intellectual property rights and, as a first step, has launched today a public consultation on the evaluation and modernisation of the existing legal framework. The Commission will also look at how to make the removal of illegal content by online intermediaries more efficient.
The good: The overhaul of the copyright rules may finally put an end to intereuropean geoblocking.
The not so good: New rules regarding piracy and licensing are probably going to be subject to massive lobbying by media groups and right holders. That particular stage is going to become a veritable battlefield.
As Dascu kindly pointed, this will need to go through the Parliament and Council, so a lot of stuff could change. Expect hundreds of articles claiming that the new rules are awesome or just plain suck, only to be shown as wrong or outdated over time. I'd suggest to keep an eye on things such as the EU's position on news aggregators, which is bound to be clarified.
Will you legislate on the use of copyright-protected content by news aggregation services?
The Commission will consider whether any action specific to news aggregators is needed, including intervening on the definition of rights. Some legal solutions have been attempted in certain Member States – the Commission is monitoring their impacts on the markets.
Does the Commission intend to tax hyperlinks?
The Commission has no plan to tax hyperlinks. We have no intention to ask people to pay for copyright when they simply share a hyperlink to content protected by copyright. Europeans share and post hyperlinks every day and they should remain free to do so.
The Commission will look at the activities of different types of intermediaries in relation to copyright-protected content. This is a different issue.
News aggregators, for example, are not only using hyperlinks but also extracts of articles and may gain revenue doing so.
Different solutions related to news aggregators, both legislative and market-led, are being tested at national level. We are closely looking into them and are analysing whether they deliver on their objectives.
Expect French, German and Spanish media groups (shout-out to the idiots @ Bild and AEDE) to go to war over this demanding a Google Tax. With some luck, the
Google News cartuffle over Spain will temper their madness.
The BBC has been quick to respond to the new proposals:
BBC statement in response to European Commission plans for online content and EU copyright rules
Date: 09.12.2015 Last updated: 09.12.2015 at 11.23
Category: Online and interactive; Corporate; BBC iPlayer
The BBC has today released the following statement in response to the European Commission's press notice, 'Commission takes first steps to broaden access to online content and outlines its vision to modernise EU copyright rules'.
We are interested in being able to allow UK licence-fee payers to access BBC iPlayer while they are on holiday in the EU, and welcome the European Commission proposing regulation to help make this possible. There are complex technical issues to resolve and aspects of the Commission’s proposal need clarification. Being able to offer BBC iPlayer also depends on the UK Government implementing legislation to modernise the licence fee to include VOD as well as linear viewing, something the Government has committed to do next year. That will mean users of BBC iPlayer could be verified as UK licence fee payers while they are on holiday in the EU.
Meanwhile, some outlets are already making an ass of themselves:
EU outlines copyright laws that could hit tech firms
Technology companies from Netflix and Spotify to Google and Yahoo could be affected by wide-ranging copyright legislation proposed by the European Union's executive arm on Wednesday.
Under the laws, consumers traveling in the European Union (EU) would be allowed to access digital services such as streaming music or films, anywhere within the 28-member bloc. Currently, copyright restrictions mean a German user of Netflix who travels to the U.K. for example, will only be able to access the content that the video streaming service offers in Britain.
The proposals will be outlined in greater depth next year and form part of a push by European Commission for the so-called Digital Single Market, where citizens and businesses can access online services regardless of where they live..
The horror.
Any doubts?
Don't forget to check the Commission's handy Q&A section.
Huge thanks to Dascu for his PM.
