The Republic Of Poland Officially sues The EU Parliament and EU Council over recent EU Copyright Directive with Online Content Filters and Link Tax

[AlTech]

Poland is now officially suing The European Union for it's recent EU Copyright Directive dictating that Filters be introduced to pre-emptively screen content to check if it is copyright infringement and the directive containing the article about Link Taxes and online publishing.

 

Previously Poland wanted to challenge the EU about this issue and it has but now they've officially taken them to court

 

This has happened a while back but was only made public in the past day or two.

 

Poland has previously expressed concerns with The EU Copyright Directive and filed a challenge to it.

 

Since the source is a video I will be taking a couple of screenshots of important bits and also try to sum up what's going on.

 

Also, please avoid the political stuff so this topic doesn't get locked.

 

 

 

 

 

The EU has really been facing a lot of Criticism because of their new Copyright Directive and unfortunately it seems that yet again Poland is fighting this battle without the support of other EU countries.

 

Online content filtering in the ways instructed by Article 17 of the passed bill (draft Article 13) is censorship and the EU knows that the best methods for checking for Copyright infringement upon a video's upload is filtering and nothing else comes even remotely close to being "good enough".

 

I don't even know.

 

Source:

 

[PlayStation 2]

Did you really just write "The Republic Of Poland" just to fluff the title out?

Also, good on Poland for telling the EU to fuck off with its ridiculous internet laws.

[AlTech]

1 minute ago, Dan Castellaneta said:

Did you really just write "The Republic Of Poland" just to fluff the title out?

Yes .

 

Also that's what it says on the official complaint they sent to the EU.

[Lathlaer]

I guess even a broken clock can show the correct time twice a day which is my way of saying that my country is actually doing something right even though our current government has a very loose idea of lawfulness

[Trixanity]

14 minutes ago, Lathlaer said:

I guess even a broken clock can show the correct time twice a day which is my way of saying that my country is actually doing something right even though our current government has a very loose idea of lawfullness

My understanding is that this initiative has nothing to do with rule of law or any sense of right or wrong. Rather it's a show of defiance against the EU for meddling in Polish affairs that serves as a dual purpose: throw it in the face of EU on a contentious subject they could possibly win and at the same time gain favor with their base.

[thorhammerz]

24 minutes ago, Lathlaer said:

I guess even a broken clock can show the correct time twice a day which is my way of saying that my country is actually doing something right even though our current government has a very loose idea of lawfullness

Baby steps, one Kurwa at a time !

[Lathlaer]

7 minutes ago, Trixanity said:

My understanding is that this initiative has nothing to do with rule of law or any sense of right or wrong

Hence my comment about broken clock. It was the right thing to do even if they did it just to stick it to the EU

[Trik'Stari]

18 hours ago, Lathlaer said:

I guess even a broken clock can show the correct time twice a day which is my way of saying that my country is actually doing something right even though our current government has a very loose idea of lawfulness

I'm curious as to what's so bad about Polands current government?

 

I'm genuinely curious as I know very little about Poland. (beyond history in regards to WW1 and 2.)

[Lathlaer]

2 hours ago, Trik'Stari said:

I'm curious as to what's so bad about Polands current government?

Passing laws that make it extremely easy for politicians to influence judicial system, circumventing our constitution with their own bills, passing laws in the middle of the night because they have comfortable majority - to name a few.

 

Passing laws in the hallway of our parliment building where there wasn't a good way to count votes. When they had a majority in one voting comission and the chairman called to vote and it turned out that they miscalculated because some of their members left for smoke or to the toilet, they nullified the vote that didn't go their way without providing any legal reason.

 

If constitution says that someone is supposed to stay in the office for few more years and they don't like that person - they will pass a law that stipulates that "all current members are removed from office effective immediately". They did it with some judges and they did it with some directors of cultural institution. Don't like a person (or simply because that person was appointed by previous gov)? Pass a bill that removes them from office, install a new one.

 

Don't like a previous Constitutional Tribunal ruling? Simply don't publish it, voila, doesn't affect us anymore.

 

They promote mediocrity. They installed a Constitutional Tribunal Chair judge who is a mediocre lawyer and isn't even a professor. She was too weak and inexperienced to serve at Appellate Court where her work was summarized before as "average at best" and they made her one of the two most important judges in our country (the other one is the Supreme Court Chair who they wanted to get rid of by passing a bill that all judges after certain age are forced into retirement). Then they removed all titles of the current Tribunal from the website so that it wouldn't look weird that the freaking head has only Masters in Law.

 

Not all of the things they did are bad and not all of them affect me directly but since they have comfortable majority (they can pass bills without any problems though fortunately they cannot change the Constitution), they made some questionable moves that made my blood boil.

 

And that was without even mentioning their far right views, hypocrisy (accusing the previous regime of arrogance and needlessly spending taxpayer money while doing exactly the same on even a larger scale).

 

Oh and did I mention that we were the only country that voted against our own guy's reelection as the President of the European Union? (Donald Tusk) Everyone in the Europe wanted him to be reelected except his own government. It was a 27:1 vote that was published here as our regime's "moral victory" and I felt so embarassed by that.

 

And the cherry on top is their recent great idea of suing Germany for World War II reparations even though there are tons of paperwork explicitly saying that 1) we got some of it already and 2) we decided that we are good .  

 

Frankly, I'm afraid that if they somehow lose in the future, the next regime will have to spend half the tenure in order to repair the damaged international relationships they caused.

[Guest]

2 hours ago, Trik'Stari said:

I'm curious as to what's so bad about Polands current government?

 

I'm genuinely curious as I know very little about Poland. (beyond history in regards to WW1 and 2.)

OP asked for NO political content... You want to see this thread locked, then? ^o^

 

Even if I don't agree with his view and his tone, I will refrain to speak up my mind as it's his post.

Yes, that's auto-censorship.

[Trik'Stari]

8 hours ago, Cora_Lie said:

OP asked for NO political content... You want to see this thread locked, then? ^o^

 

Even if I don't agree with his view and his tone, I will refrain to speak up my mind as it's his post.

Yes, that's auto-censorship.

 

10 hours ago, Lathlaer said:

Passing laws that make it extremely easy for politicians to influence judicial system, circumventing our constitution with their own bills, passing laws in the middle of the night because they have comfortable majority - to name a few.

 

Passing laws in the hallway of our parliment building where there wasn't a good way to count votes. When they had a majority in one voting comission and the chairman called to vote and it turned out that they miscalculated because some of their members left for smoke or to the toilet, they nullified the vote that didn't go their way without providing any legal reason.

 

If constitution says that someone is supposed to stay in the office for few more years and they don't like that person - they will pass a law that stipulates that "all current members are removed from office effective immediately". They did it with some judges and they did it with some directors of cultural institution. Don't like a person (or simply because that person was appointed by previous gov)? Pass a bill that removes them from office, install a new one.

 

Don't like a previous Constitutional Tribunal ruling? Simply don't publish it, voila, doesn't affect us anymore.

 

They promote mediocrity. They installed a Constitutional Tribunal Chair judge who is a mediocre lawyer and isn't even a professor. She was too weak and inexperienced to serve at Appellate Court where her work was summarized before as "average at best" and they made her one of the two most important judges in our country (the other one is the Supreme Court Chair who they wanted to get rid of by passing a bill that all judges after certain age are forced into retirement). Then they removed all titles of the current Tribunal from the website so that it wouldn't look weird that the freaking head has only Masters in Law.

 

Not all of the things they did are bad and not all of them affect me directly but since they have comfortable majority (they can pass bills without any problems though fortunately they cannot change the Constitution), they made some questionable moves that made my blood boil.

 

And that was without even mentioning their far right views, hypocrisy (accusing the previous regime of arrogance and needlessly spending taxpayer money while doing exactly the same on even a larger scale).

 

Oh and did I mention that we were the only country that voted against our own guy's reelection as the President of the European Union? (Donald Tusk) Everyone in the Europe wanted him to be reelected except his own government. It was a 27:1 vote that was published here as our regime's "moral victory" and I felt so embarassed by that.

 

And the cherry on top is their recent great idea of suing Germany for World War II reparations even though there are tons of paperwork explicitly saying that 1) we got some of it already and 2) we decided that we are good .  

 

Frankly, I'm afraid that if they somehow lose in the future, the next regime will have to spend half the tenure in order to repair the damaged international relationships they caused.

I'll just PM you both then. Curious to see what's happening in Poland, from the perspective of (I assume) two residents of that country.

[mr moose]

Poland must have forgot that the directives instruct that the rules are to be applied only where feasible and to the states discretion.  

 

 

Also these articles are not censorship, they are nothing like it.  Censorship is the prevention of information against the will of the publisher/creator, these are just laws that help the publisher/creator enforce control over where their content is made available. 

 

 

[Guest]

19 minutes ago, mr moose said:

Also these articles are not censorship, they are nothing like it

Nah... These articles are there to enforce revenue "due" to them as the "publisher" feel like it is owned them.

It's again, all about money!

 

I'm not saying that the GAFA are all white doves in this story, but these articles are outrageous as their domain of application have been voluntarily left "foggy" in order to be  able to make fall under their application whatever the legislation will want withjout havong to go another round of negociations and discussions.

 

They killed Net neutrality, they killed rightful "inspired creativity", they just found a way to put everything under copyright censorship! And we'll arrive at the same stupid non-sense closing all creativity if you don^t have the money to pay for the "rights".

 

Capitalism in it's purest form.

 

And yes, you can hear and feel the scorn in my tone.

[mr moose]

11 minutes ago, Cora_Lie said:

Nah... These articles are there to enforce revenue "due" to them as the "publisher" feel like it is owned them.

It's again, all about money!

 

I'm not saying that the GAFA are all white doves in this story, but these articles are outrageous as their domain of application have been voluntarily left "foggy" in order to be  able to make fall under their application whatever the legislation will want withjout havong to go another round of negociations and discussions.

 

They killed Net neutrality, they killed rightful "inspired creativity", they just found a way to put everything under copyright censorship! And we'll arrive at the same stupid non-sense closing all creativity if you don^t have the money to pay for the "rights".

 

Capitalism in it's purest form.

 

And yes, you can hear and feel the scorn in my tone.

Preventing google from stealing revenue away from the original news article is still not censorship.  No matter what reason we give for the existence of these directives.

[Guest]

As I've said, the GAFA are not the only ones who are going to be targeted...

 

As they are written, anyone who got inspired in anyway, even very minimaly by someone else's creation (song, a score of music, a poem, a theme of book, etc,) will be liable under these future laws. The Directive is enough not precise so that each country can decide what is going to be the formulation in their national law.

 

And that is unacceptable.

 

But this is totally marginal to what Poland has done. That's why I don't want to go into too much details. That is yet a completely different story. And I don't agree with the spirit and the letter  of what they did.

In the globality of this it should have been done, I'm just angry enough that it is Poland who did it, as the other countries didn't have the cojones to do it themselves.

This Directive simply should NEVER have passed.

 

Edit: And guess what... As Computer Code is not considered as technical writing, and was to some extent considered as "creative writing", guess what is also going to fall under this Directive ?

[Drak3]

9 hours ago, Cora_Lie said:

OP asked for NO political content...

Then he shouldn't have posted it...

[mr moose]

13 minutes ago, Cora_Lie said:

As I've said, the GAFA are not the only ones who are going to be targeted...

 

As they are written, anyone who got inspired in anyway, even very minimaly by someone else's creation (song, a score of music, a poem, a theme of book, etc,) will be liable under these future laws. The Directive is enough not precise so that each country can decide what is going to be the formulation in their national law.

 

They already are, not sure what what has changed there.  These directive simply put the onus of illegal content back onto the websites that serve them and only under very specific conditions,  most forums do not fall into those conditions so most forums (like this are exempt from needed content filters, where as website like YouTube that index and make all user submitted content available by search have to.    

 

Again, there are no new laws regarding copyright and what is legal/illegal.  it is purely about handling said material.

 

 

13 minutes ago, Cora_Lie said:

 

Edit: And guess what... As Computer Code is not considered as technical writing, and was to some extent considered as "creative writing", guess what is also going to fall under this Directive ?

 

 

Computer code is considered a product and can be protected by current CR laws, it can also be be protected with patents in certain circumstances.   So again nothing new is being presented here on that front.

[orbitalbuzzsaw]

However concerning the other actions of the Polish government may be (a lot concerning), this is certainly a good thing for all.

[Trik'Stari]

1 hour ago, mr moose said:

Poland must have forgot that the directives instruct that the rules are to be applied only where feasible and to the states discretion.  

 

 

Also these articles are not censorship, they are nothing like it.  Censorship is the prevention of information against the will of the publisher/creator, these are just laws that help the publisher/creator enforce control over where their content is made available. 

 

 

So, like Nintendo attempting to monetize videos on Youtube, either reviewing or satirizing their content, that weren't previously monetized?

 

Because that's something Nintendo does actually do.

 

A reminder, it is 100% morally acceptable to pirate Nintendo's games. Hell, based on their interpretation of the law, it is 100% morally acceptable to walk into a Nintendo store and steal their products.

 

It's not legal, but it is morally righteous.

[ravenshrike]

45 minutes ago, Cora_Lie said:

Capitalism in it's purest form.

Yes, because a system of ownership that allows people to own words and number sequences enforced entirely by the government effectively in perpetuity is capitalist.

[mr moose]

1 hour ago, Trik'Stari said:

So, like Nintendo attempting to monetize videos on Youtube, either reviewing or satirizing their content, that weren't previously monetized?

 

Because that's something Nintendo does actually do.

 

A reminder, it is 100% morally acceptable to pirate Nintendo's games. Hell, based on their interpretation of the law, it is 100% morally acceptable to walk into a Nintendo store and steal their products.

 

It's not legal, but it is morally righteous.

I don't understand how that relates to what I said.

 

Copyright law already exists and these directives are only on top of that.   I have not followed the Nintendo issue with monetization, however their rights as copyright owners does not change under this new directive,  what changes is that certain types of websites have to monitor what is uploaded and that Nintendo must help with that process. 

[williamcll]

Isn't this thread getting sidetracked into Polish politics?