On the 24. June, published by the Federal Ministry of justice a draft for a second act on the implementation of the European Directive (RL) 2019/790 “on the protection of copyright and related rights in the digital single market” (Digital Single Market DSM-RL) in Germany. In accordance with article 17 of this EU-Directive, large operators of digital Online to make platforms on which third parties protected content – Video, photo, Audio, Text, accessible to the public, from 7. June 2021 onwards, in principle, for copyright infringements of their users to be responsible.
the platform operator, such as Youtube or Facebook but should have the opportunity to rid themselves of this liability, claims for damages and injunctive relief against the holders of the rights by special “efforts” to prevent illegal Uploads. Such technical measures, the user-generated content before it is uploaded automatically to copyright infringement check and block them if necessary, were debated in the run-up to the EU-Directive, very intensive and critical. Opponents of the measures, the fear of the freedom of expression on the Internet, is it possible to make schemes for the classification of digital content in dependence of the probability of the infringement of the copyright of the term “Upload-Filter” popular and back so one-sided, the risk of wrongful blocking of legal content (over-blocking) compared to the Chance to protect intellectual property, in the foreground.
network activists made during the creation of the Directive, massive pressure to achieve a ban on the Upload Filters. Also, the Federal government revealed in April 2019 impressed. In a Protocol note to the policy, you promised to make the Filter “largely unnecessary”, although not least thanks to the European Directive for large platform operators Upload-filters will remain the only alternative, if you want to have the liability risks are not excessive.
to prevent With the design of the “copyright service provider-law” (UrhDaG-E) is renewed, the Federal Ministry of justice, the claim to contribute to it, “the application of filter technologies and this caused over-blocking as possible”. To this end, Paragraph 8 platforms, blocking or deletion of content over a “Preflagging”procedure: operator does not permit it to enable users before the Upload, “which allows the use of drawing as a contract or by law to code”. It is not clear, the draft defines whether the platform operator in the case of users who refuse to make desired markings, may block the particular Upload.
The operators have confidence in the case of cooperative users, their classification, unless that it is “obviously incorrect”. In order to dispute about when the Declaration of no objection from the users not to be credible is to be considered, to counteract, is Paragraph 12, that of a false Preflagging assumed must be, if the Upload “at least 90 percent of the … information matches”.
from the Looks of it, that the Ninety-falls-percent-limit unfounded from the sky, so the Ministry of justice has found a balanced solution to the implementation of article 17 of the EU Directive. The bill is trying to the fear of the power fundamentalists in front of a over-blocking by four additional rules to confront it.
