Open questions for the EU copyright directive

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I am wondering if there are any good sources for the scope and effect. I was interviewed by a Danish radio channel and I must admit that it was difficult for me to say much in that respect.

The proposal for the directive says that “not-for-profit online encyclopedia” and makes an exception. To me it is clear that the lawmakers have had Wikipedia in mind, – and thanks for that. But there are several issue:

  1. Would Wikipedia be characterized as not-for-profit when the typical license is the Creative Commons with no clause for the non-commercial?
  2. Would Wikimedia Commons fall in under the “not-for-profit online encyclopedia”? Some of my photos are used in commercial online news sites which makes at least Wikimedia Commons commercial in some sense. I wouldn’t characterize Wikimedia Commons as an encyclopedia, but rather as a media archive.
  3. What is the scope with respect to other Wikimedia sites, Wikiquote, Wikibooks, Wikiversity, Wikisource, Wikivoyage and possibly others? It seems to me that yet again there is an issue, – as I would not characterize them as encyclopedias.
  4. What other site are likely to be hit by either Article 15 or Article 17? For instance, Wikia, Referata, Soundcloud, Reddit, Bandcamp, WordPress, 500px.com? Referata, I imagine, is under 10 mio Euro but over 3 years and hit? Reddit would be hit by both articles? Soundcloud Article 17? (Back in June 2018, WordPress noted their concern: https://transparency.automattic.com/2018/06/12/were-against-bots-filtering-and-the-eus-new-copyright-directive/ Reddit has this Wednesday published an article https://redditblog.com/2019/03/20/error-copyright-not-detected-what-eu-redditors-can-expect-to-see-today-and-why-it-matters/

Are we able to say something about the possible outcomes we would see if the directive proposal is approved, for instance:

  1. Large 10+ mio Euro companies, particularly Google by their ownership of YouTube, regularly paying rights organizations to address Article 17?
  2. Large parts of YouTube not being available to Europeans?
  3. Twitter and Facebook stop showing snippets from linked sites?
  4. European newspapers paying Twitter and Facebook to display snippets in Twitter and Facebook?
  5. Twitter and Facebook paying European newspapers to allow the display of snippets?
  6. Websites such as Soundcloud needing to implement advanced copyright detection systems for audio?
  7. Some American Web 2.0 companies blacklisting access from Europe?
  8. Widespread implementation of identity verifications in Web 2.0 systems?
  9. Widespread implementation of plagiarism-like detection on Web 2.0 platforms where users may not be able to upload content, even if it is legal?
  10. Google using Article 17 against Facebook wrt. freebooting? See https://www.youtube.com/watch?v=t7tA3NNKF0Q (via YourWeirdEx@reddit)
  11. Small Internet forum owners needing to subscribe to the services of upload filter service providers?
  12. Google News shutting down in Europe? See https://www.theguardian.com/technology/2018/nov/18/google-news-may-shut-over-eu-plans-to-charge-tax-for-links
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