Re: Moderering av user forums...

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On Fri 27 May 07:21, Hund wrote:
> On 26 May 2022 23:26:53 CEST, Rickard B Hansson <rickard.b.hansson@gmail.=
com> wrote:
> >Hej!
> >
> >Jag funderar p=E5 nedanst=E5ende text fr=E5n ett linuxforum:
> >
> >> under new EU regulations re. social media platforms including forums, =
you
> >> need basically staff and schedules or a 100% nonpublic forum. [...]
> >
> >
> >
> >> Consider the following: everybody wants to go on vacation. what happens
> >> with the forum? The only possible answer to that is: it gets shut down=
 if
> >> there's nobody on schedule, because how else would you guarantee the
> >> presence of a volunteer mod? You can't, and that would already be a
> >> violation of the responsibilities that fall upon operators of forums...
> >>
> >
> >GDPR <https://gdpr.eu/what-is-gdpr/> och Digital Service Act
> ><https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-=
package>
> >n=E4mndes.
> >men jag kan inte hitta ovanst=E5ende scenario d=E4r.
> >N=E5gom som vet? =C4r slutet f=F6r alla sm=E5 n=E4tforum n=E4ra nu, elle=
r =E4r
> >ovanst=E5ende en feltolkning?
> >
> >
> >// Med v=E4nliga h=E4lsningar rbh
> >
> >Rickard B Hansson
>=20
> Det l=E5ter bef=E4ngt. Varf=F6r skulle ett forum beh=F6va ha en ansvarig =
n=E4rvarande dygnet runt, n=E4r ingen annan hemsida beh=F6ver det?

Det =E4r enkelt. Din hemsida eller Debians hemsida =E4r inte =E4r bara "rea=
d-only". Hela
v=E4rlden kan inte skriva content p=E5 den. Men p=E5 ett =F6ppen forum kan =
vem som helst
skapa ett konto och skriva ngt.=20

Men det har faktiskt ingenting att g=F6ra med EU-GDPR, men med "EU-Copyrigh=
t directive".

Let me switch to english where i can articulate myself better :)

In 2019 the EC/parliament passed a new directive "on copyright and related =
rights in
the Digital Single Market". (link: http://data.europa.eu/eli/dir/2019/790/o=
j)

The most relevant part is Article 17. I may quote

"An online content-sharing service provider shall therefore obtain an autho=
risation from the rightholders referred to in
Article 3(1) and (2) of Directive 2001/29/EC, for instance by concluding a =
licensing agreement, in order to communicate
to the public or make available to the public works or other subject matter=
=2E"

"If no authorisation is granted, online content-sharing service providers s=
hall be liable for unauthorised acts of
communication to the public, including making available to the public, of c=
opyright-protected works and other subject
matter, unless the service providers demonstrate that they have:
(a) made best efforts to obtain an authorisation, and
(b) made, in accordance with high industry standards of professional dilige=
nce, best efforts to ensure the unavailability
of specific works and other subject matter for which the rightholders have =
provided the service providers with the
relevant and necessary information; and in any event
(c) acted expeditiously, upon receiving a sufficiently substantiated notice=
 from the rightholders, to disable access to, or
to remove from their websites, the notified works or other subject matter, =
and made best efforts to prevent their
future uploads in accordance with point (b)."


This means that you need to obtain a licence for every copyright protected
text/image/video/whatever that is posted on your side. You need to negotiat=
e the
licence *before* uploading the copyrighted material. If you cannot obtain a=
 licence,
then you as the operator of the platform must ensure that no material whats=
oever,
that violates valid copyright, is posted on your side. To do this you must =
have
automatic content detection ("content filters") and/or must have a procedur=
e where
any arbitrary person may flag some content as copyright protected so that y=
ou can
remove this content in a timely manner, and prevent this content from being=
 uploaded
again (hello again content filters).

This is basically impossible unless you are a very large company who can sp=
end
millions on automated content filters and staff to review posts.
If you would strictly adhere to the regulation, each new post after the reg=
ulation
came into effect should have been hold for moderation and be manually check=
ed for
copyright violations, as no automatic content filter can distinguish betwee=
n fair use
policies for eg satire and actual violation of copyright. Furthermore, all =
posts
submitted to your website prior to the regulation becoming active should al=
so be
reviewed, as you are also responsible for posts in the past.=20

Many experts have stated that the directive in this current form destroys a=
ll hobby
projects and means a deep cut into freedom of speech, as automated content =
filters
need to be set very strictly and thus there will be lots of false positives=
 (fair use
policy for satire/art etc). On huge platforms, you cannot review all posts =
blocked
=66rom the automatic content filter, so you rather block more and prohibit =
freedom of
speech, where there is no fine, then block less and risk fines for violating
copyright.=20

Sadly, the german politician and member of the EP Axel Voss, who was the dr=
iving
force behind the directive, did not care at all what the experts sad, and c=
ommented
on the huge protests and demonstrations we had in germany that "they are ju=
st some
teens who were fed some wrong narrative from big companies who dont want to=
 be held
accountable".=20
Believe me, I am really not proud of our exports to the EP.

This directive was passed in 2019, and came into effect as national law 2 y=
ears
later, whereas each member of the EU had to draft their own law. So the act=
ual
swedish implementation might be a little different from the implementation =
in other
EU contries, which is why i leave it as a task for the reader to look up th=
eir actual
binding version of this directive and figure out what is allowed and what i=
t not in
their country :)


Med h=E4lsningar fr=E5n Tyskland

Simon


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