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Advocate General Opinion in Austrian Defamation Case Raises Troubling Prospects for Access to Information

Courts across Europe are grappling with difficult issues concerning content posted online. A recent opinion from the Advocate-General of the CJEU raises troubling prospects for free expression and access to information online. The AG opinion is not a final ruling, but the Court often follows the direction set by the AG. In this instance, the court should think twice.

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What EU Lawmakers Mean When They Talk About Copyright (Hint: They Don’t Mean Your Copyright)

There is just no way for any online content sharing service provider (OCSSP) to even identify all rightsholders whose content may appear on their site, much less enter into licensing negotiations with them. Article 13 will lead the EU and all OCSSPs who wish to operate there toward a closed web, dominated by the works of major rightsholders and putting independent creators at a disadvantage. We urge MEPs reject the proposed text on Article 13.

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Why the EU Copyright Directive is a Threat to Fair Use

The Legal Affairs Committee of the European Parliament voted to approve the text of a provisional agreement on the long-debated Copyright Directive. This directive contains some provisions that, if adopted, will change the nature of the web in the EU. The most troubling is Article 13, AKA “upload filters”, which would reverse course on one of the web’s long-standing legal foundations, and risks damaging a fundamental aspect of copyright policy here in the U.S., fair use.

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