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<html newsdate="2017-09-08">
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<head>
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<title>European Copyright reform hampers Free Software development</title>
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</head>
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<h1>European Copyright reform hampers Free Software development</h1>
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<p newsteaser="yes">The FSFE and Open Forum Europe teamed up for an initiative
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to show the implications of the proposed EU copyright reform for the
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Free Software development ecosystem: <a href="https://savecodeshare.eu/">Save Code Share</a>.
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As part of this initiative, today we release our White Paper which
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highlights the ways in which the proposed Article 13 could unintentionally
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harm the communities and the businesses built around Free Software.</p>
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<p>Free Software is often built by collaborative networks of programmers
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that rely on code hosting services. Free Software allows and encourages
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modifications and improvements made by everyone. For that, the software
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is shared with everybody under terms that allow using it, studying its
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source code, sharing it along, and customising it according to one's
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needs. This is often done on code sharing platforms.</p>
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<p>With its copyright proposal, the EU has decided to update the rules
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applicable for online service providers, mainly targeting content sharing
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platforms. The new rules proposed by the EU will create legal uncertainty
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for developers using online tools when contributing to the Free Software
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projects through online code sharing platforms. Those proposed obligations
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on code sharing platforms will threaten their existence, and effective
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online co-development by:</p>
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<ul>
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<li>Imposing on code sharing platforms the use of costly filtering technologies to prevent any possible copyright infringement</li>
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<li> Imposing illegal monitoring obligation to track their every user</li>
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</ul>
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<blockquote>"As a result, every user, of a code sharing platform: an individual,
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company, or a public body is treated as a potential copyright infringer
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whose content, including the whole code repositories, can be taken down
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and disabled at any time." says Polina Malaja, Policy Analyst and Legal
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Coordinator at the FSFE.</blockquote>
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<p>After explaining how Free Software platforms work in practice, the
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White Paper shows how Article 13 restricts important fundamental rights
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of developers and internet users such as the right to privacy, freedom
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of expression, and the freedom to conduct a business. Article 13, as
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currently proposed, would shift the responsibility for protecting allegedly
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infringed rights from rightholders to the platforms, in a way that would
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harm fundamental rights and negatively impact collaborative software
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development, and especially Free Software.</p>
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<p>If Article 13 has completely missed this impact in the software sharing
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environment, it is likely that there are other unforeseen impacts that
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the proposed Copyright Directive can have. The legislators need to make
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sure they understand where and how innovation takes place nowadays, to
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fully grasp the consequences and implications that the proposed Article
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13 can create for our economy and our society.</p>
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<p>Read our White Paper in full <a href="https://savecodeshare.eu/">here</a>.</p>
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</body>
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<tags>
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<tag>front-page</tag>
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<tag content="Copyright">Copyright</tag>
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<tag content="Policy">Policy</tag>
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<tag content="Digital Single Market">DigitalSingleMarket</tag>
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</tags>
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</html>
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