Sixthhokage1's post in thread "Jim Sterling (The Jimquisition)" (TV Tropes)
This post is a republishing of a series of posts I wrote on the TV Tropes forum thread on the Jimquistion, in response to Jim Sterling’s video “EU Votes In Favor Of Article 13, Giving Copyright Holders Undue Power Over Internet Platforms”. It is slightly edited for the change in format from forum to blog post.


Post 1:

The vast majority of people complaining about Article 13 (now 17) have never read the damn thing. So strap yourselves in, because here’s the full final text of the article.

Article 17, the boogeyman of the Internet [pastebinned to avoid wall of text, original forum post has text behind collapsible folder markup]

Post 2:

Honestly this puts actual regulatory scrutiny to what YT is already doing. Paragraph 7 regulates that measures are to take copyright exemptions/limitations that here in America we term “fair use” into account (which bots can’t do, but humans involved in the process can make judgments on). Paragraph 9 opens with “Member States shall provide that online content-sharing service providers put in place an effective and expeditious complaint and redress mechanism,” and as mentioned in [above post] requires human review for takedowns.

Guess one major reason[1] why YouTube, who already have the Content ID system in place, are opposed to Art13/17? The company doesn’t want the requirements for human review and an effective appeals process. So they mobilize the creators on their platform to fight a propaganda battle for them.[2]


[1]: Another reason is that the regulatory requirements make Content ID less of a bargaining chip when negotiating with rightsholders because the 4(b) requirements and 5(b) considerations (“the availability of suitable and effective means and their cost for service providers.”) in combination with how much money Google has available to throw at copyright monitoring moves it from “above and beyond the industry standards” from rightsholders perspectives to “doing your legal duty as a giant content-sharing firm”.

[2]: And before YT mobilized it’s creators as propagandists… anti Art13 propaganda was being banged out by alt-righters with an anti-EU agenda. This is the origin of that goddamned absolutely misleading moniker of it as a “meme ban”.


ETA: I’m not even totally in favor of Article 17 as it passed, speaking as a leftist who thinks that a lot of intellectual property law needs a hatchet taken to it and new much more limited IP systems put in place that favor the general public instead of corporate interests. I’m just sick of the fearmongering and tech capitalist propaganda around it.

In reference to footnote 2 of post 2, another poster asked “Although it is before the Alt-right became prominent, was the backlash towards the Stop Online Piracy Act and the related Protect IP Act started by them as well?”, prompting…

Post 3:

SOPA-PIPA are different beasts entirely to Art13/17, in a different online political landscape in general and in completely different jurisdictions with different approaches to business interests. While the EU Copyright Directive and Article 13/17 in particular does have industry lobbyist support, the EU is overall more measured and generally take the good of the general public into account (see also GDPR, anti-trust cases against tech giants which the US refuse to reign in, and the well-intentioned-but-ultimately-useless browser cookie regulation that was part of a larger privacy directive). Meanwhile here in America, the primary mechanism of SOPA-PIPA was to require payment processors and ad networks to suspend services to any site they get a notice of infringement from about within five days of the notification, unless a satisfactory counter-notice is given (both notice and counter-notice, in SOPA text, must be “written communication” which isn’t defined in the text of the bill as to whether or not that is required to actually be physical communication or if electronic communication is covered). In addition it has mechanisms requiring delisting from search engines with 5 days’ notice but that’s only with a court order so it’s not as unreasonable as it does require a judge to make a ruling instead of a no-oversight notice.

And of course as far as alt-right influences… while the movement did exist in 2011/2012 when the SOPA-PIPA controversy was the talk of the internet, they were mostly cordoned off to relatively secluded corners of the internet and thus didn’t have the social media propaganda machine they have now, mostly built in the aftermath of summer 2014. I mean, this was back when Pewdiepie was a relatively new face and while popular was also distinctly uncool among much of the internet with a reputation of just screaming at games. It wasn’t until he got in hot water for the antisemitic ~prank~ and then used the n-slur on stream that he became an alt-right gamerbro icon and a key figure in the propaganda machine.


Additional note: Article text was taken from this PDF from the European Parliament website.

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