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<?xml version="1.0" encoding="UTF-8"?>
<html newsdate="2017-09-08">
<title>European Copyright reform hampers Free Software development</title>
<h1>European Copyright reform hampers Free Software development</h1>
<p>The FSFE and Open Forum Europe teamed up for an initiative
to show the implications of the proposed EU copyright reform for the
Free Software development ecosystem: <a href="">Save Code Share</a>.
As part of this initiative, today we release our White Paper which
highlights the ways in which the proposed Article 13 could unintentionally
harm the communities and the businesses built around Free Software.</p>
<p>Free Software is often built by collaborative networks of programmers
that rely on code hosting services. Free Software allows and encourages
modifications and improvements made by everyone. For that, the software
is shared with everybody under terms that allow using it, studying its
source code, sharing it along, and customising it according to one's
needs. This is often done on code sharing platforms.</p>
<p>With its copyright proposal, the EU has decided to update the rules
applicable for online service providers, mainly targeting content sharing
platforms. The new rules proposed by the EU will create legal uncertainty
for developers using online tools when contributing to the Free Software
projects through online code sharing platforms. Those proposed obligations
on code sharing platforms will threaten their existence, and effective
online co-development by:</p>
<li>Imposing on code sharing platforms the use of costly filtering technologies to prevent any possible copyright infringement</li>
<li> Imposing an illegal monitoring obligation to track their every user</li>
<blockquote>"As a result, every user, of a code sharing platform: an individual,
company, or a public body is treated as a potential copyright infringer
whose content, including the whole code repositories, can be taken down
and disabled at any time." says Polina Malaja, Policy Analyst and Legal
Coordinator at the FSFE.</blockquote>
<p>After explaining how Free Software platforms work in practice, the
White Paper shows how Article 13 restricts important fundamental rights
of developers and internet users such as the right to privacy, freedom
of expression, and the freedom to conduct a business. Article 13, as
currently proposed, would shift the responsibility for protecting allegedly
infringed rights from rightholders to the platforms, in a way that would
harm fundamental rights and negatively impact collaborative software
development, and especially Free Software.</p>
<p>If Article 13 has completely missed this impact in the software sharing
environment, it is likely that there are other unforeseen impacts that
the proposed Copyright Directive can have. The legislators need to make
sure they understand where and how innovation takes place nowadays, to
fully grasp the consequences and implications that the proposed Article
13 can create for our economy and our society.</p>
<p>Read our White Paper in full <a href="">here</a>.</p>
<tag key="front-page"/>
<tag key="copyright">Copyright</tag>
<tag key="policy">Policy</tag>
<tag key="digital-single-market">Digital Single Market</tag>