- The European Parliament passed the European Union Copyright Directive on Tuesday, giving member states two years to implement the law before it goes into effect.
- The directive included the highly contentious Article 13, also called the “upload filter,” which will require media platforms to be liable for copyright infringements committed by their users.
- Tech companies that lobbied against the bill have condemned its passage, while others in the music, publishing, and film industries have applauded the new law.
European Parliament Passes EUCD
The European Parliament gave the final approval to the sweeping copyright reform known as the European Union Copyright Directive (EUCD) on Tuesday, sparking backlash from large tech companies that have repeatedly lobbied against the bill.
The decision comes after the final version of the directive was approved by the different branches of the EU in February, and a final vote was set for European Parliament for the following month.
The decision on Tuesday came as members of the European Parliament voted 348 in favor of the directive and 274 against. A last-minute proposal to remove the controversial Article 13, also called the “upload filter” was rejected by only five votes.
The EUCD will now be passed on to EU member states, who will have two years to implement the law in their countries.
Member states do get to decide the details of the legislation individually, but the law will still probably have a huge impact on how the internet works in Europe.
The most contentious provisions from the drafts of the directive, Articles 11 and 13, still remain in the final version of the bill, though Article 13 has been renamed Article 17.
Article 11 & Article 13
Article 11, also called the “link tax,” mandates that links to web pages and articles can only be posted or shared on other platforms with a license.
While there are some exceptions, Article 11 will massively hurt news aggregators like Google News, because it will let publishers charge them when they display snippets of news stories.
Google has said that if publishers do decide to charge licenses for their material, they will be forced to scale down the content they show on Google News and potentially shut it down altogether.
While Article 11 has received a lot of criticism, the real heavy hitter is Article 13, now Article 17, which has also been the “upload filter.”
Article 13 requires platforms like YouTube to be responsible for copyright infringements committed by their users. The language in the law is vague, but many think that it will force these platforms to monitor and block copyrighted content from being uploaded, or else they will be liable.
People have argued that this provision could lead to automated “upload filters”– hence the nickname. These filters would scan all user content before it’s uploaded to remove copyrighted material.
The law does not explicitly require automated filters, but many think that they are inevitable. There is so much content being uploaded to YouTube every second, which essentially makes it impossible for companies to manually sort through every video to make sure it does not violate copyright laws.
To make matters worse, experts have said that these filters are not ready for the market, and are likely to be error-prone or ineffective. They have also said that the technology is expensive.
While large tech companies like Facebook and YouTube could afford that technology, it would create a barrier for smaller companies who want to enter the market, because they would not be able to afford that kind of technology.
This, in turn, would further solidify big tech companies market dominance.
Which is especially ironic, because advocates of the directive have argued that it will balance the playing field between big U.S. tech companies and smaller European content creators by giving copyright holders more power in how their content is distributed.
The argument that smaller content creators will have more power under the EUCD is one that has been reiterated by its supporters over and over again. Despite the predominantly negative reaction to the passage of EUCD, groups from the music, publishing, and film industries have applauded the passage of the law.
“This is a vote against content theft.” Xavier Bouckaert the President of European Magazine Media Association said, “Publishers of all sizes and other creators will now have the right to set terms and conditions for others to re-use their content commercially, as is only fair and appropriate.”
Helen Smith, the head of the Independent Music Companies Association, called the move “A landmark day for Europe’s creators and citizens, and a significant step towards a fairer internet.”
“Platforms facilitate a unique relationship between artists and fans, and this will be given a boost as a result of this directive. It will have a ripple effect world wide,” Smith said.
On the other side, critics of the directive argue that it is vague and will end up censoring online content, hurt free speech and stifle innovation.
In response to the bill’s passage, YouTube thanked the creators who spoke out against Article 13 in a tweet.
A spokesperson for Google made a similar point, stating:
“The Copyright Directive is improved, but will still lead to legal uncertainty and will hurt Europe’s creative and digital economies […] The details matter, and we look forward to working with policy makers, publishers, creators, and rights holders as EU member states move to implement these new rules.”
With the passage of the law, many people in the U.S. are wondering if the directive will affect them.
While no one is entirely sure exactly how the law will affect people outside of the EU, there is a precedent for EU data protection laws influencing U.S. policy. Back in 2016, the EU passed the General Data Protection Regulation (GDRP), which set new rules for how companies manage and share personal data.
Theoretically, the GDPR would only apply to data belonging to EU citizens, but because the internet is a global commodity, nearly every online service was affected when the law was fully implemented last year.
The GDPR mandated that companies get consent before obtaining personal data, and it explicitly extended to companies outside the EU. It also imposed stricter penalties on companies for violating data privacy.
Those regulations in turn resulted in significant changes for U.S. users and forced U.S. companies to adapt. In response, companies like Google and Slack moved quickly to update their terms and contracts, and roll out new personal data tools.
The effect of the regulations have already taken a toll on U.S. tech companies.
In January, a French data protection authority announced that it fined Google $57 million for not properly disclosing how user data is collected for personalized advertisements across its services, including Google Maps and YouTube.
However, as of now, it is unclear if the EUCD will be as far-reaching as the GDRP.
See what others are saying: (The Verge) (Fortune) (Venture Beat)
Uber Forks Over $19 Million in Fine for Misleading Australian Riders
The penalty is just the latest in a string of lawsuits going back years.
Uber Gets Fined
Uber has agreed to pay a $19 million fine after being sued by the Australian Competition and Consumer Commission for making false or misleading statements in its app.
The first offense stems from a company policy that allows users to cancel their ride at no cost up to five minutes after the driver has accepted the trip. Despite the terms, between at least December 2017 and September 2021, over two million Australians who wanted to cancel their ride were nevertheless warned that they may be charged a small fee for doing so.
Uber said in a statement that almost all of those users decided to cancel their trips despite the warnings.
The cancellation message has since been changed to: “You won’t be charged a cancellation fee.”
The second offense, occurring between June 2018 and August 2020, involved the company showing customers in Sydney inflated estimates of taxi fares on the app.
The commission said that Uber did not ensure the algorithm used to calculate the prices was accurate, leading to actual fares almost always being higher than estimated ones.
The taxi fare feature was removed in August 2020.
A Troubled Legal History
Uber has been sued for misleading its users or unfairly charging customers in the past.
In 2016, the company paid California-based prosecutors up to $25 million for misleading riders about the safety of its service.
An investigation at the time found that at least 25 of Uber’s approved drivers had serious criminal convictions including identity theft, burglary, child sex offenses and even one murder charge, despite background checks.
In 2017, the company also settled a lawsuit by the Federal Trade Commission (FTC) for $20 million after it misled drivers about how much money they could earn.
In November 2021, the Justice Department sued the company for allegedly charging disabled customers a wait-time fee even though they needed more time to get in the car, then refused to refund them.
Later the same month, a class-action lawsuit in New York alleged that Uber charged riders a final price higher than the upfront price listed when they ordered the ride.
See what others are saying: (ABC) (NASDAQ) (Los Angeles Times)
Report Finds That Instagram Promotes Pro-Eating Disorder Content to 20 Million Users, Including Children
According to the study, even users hoping to recover were given eating disorder content because they were “still in Instagram’s algorithmically curated bubble.”
Instagram Promotes Eating Disorder Content
Instagram promotes pro-eating disorder content to millions of its users, including children as young as nine-years-old, according to a Thursday report from the child advocacy non-profit group Fairplay.
The report, titled “Designing for Disorder: Instagram’s Pro-eating Disorder Bubble,” studied what it called an eating disorder “bubble,” which consisted of nearly 90,000 accounts that reached 20 million unique users. The average age of the bubble was 19, but researchers found users aged nine- and 10-years-old that followed three or more of these accounts. Roughly one-third of those in the bubble were underage.
According to Fairplay, Instagram’s parent company Meta derives $2 million in revenue a year from the bubble and another $228 million from those who follow it.
“In addition to being profitable, this bubble is also undeniably harmful,” the report said. “Algorithms are profiling children and teens to serve them images, memes and videos encouraging restrictive diets and extreme weight loss.”
“Meta’s pro-eating disorder bubble is not an isolated incident nor an awful accident,” it continued. “Rather it is an example of how, without appropriate checks and balances, Meta systematically puts profit ahead of young people’s safety and wellbeing.”
Researchers identified the bubble by first looking at 153 seed accounts with over 1,000 followers that posted content celebrating eating disorders. Some used phrases like “thinspiration” or other slang terms like “ana” and “mia” to refer to specific eating disorders. Others included an underweight body mass index in their bios.
Those seed accounts alone had roughly 2.3 million collective followers, 1.6 million of which were unique. Of those unique users, researchers looked at how many seed accounts each followed to determine that nearly 90,000 accounts were part of the eating disorder bubble. Those accounts totaled over 28 million followers, 20 million of which were unique.
These pages posted content ranging from memes and photos of extreme thinness to screenshots of progress on calorie counting apps. One user said they were on their third day of eating just 300 calories.
Others, including children under the age of 13, put their current weights and goal weights in their account bios. Some wrote that they “hate food” or were “starving for perfection.”
Content’s Impact on Children
Fairplay claimed that many of those in the bubble wanted to recover but were essentially trapped in Instagram’s algorithm.
“Many of the biographies of users in the bubble talk about wanting to or being in recovery, wanting to get ‘better’, to ‘heal’ or being aware of how unwell they were,” the report said. “However, these users are still in Instagram’s algorithmically curated bubble. They will still be feeding content from other accounts in the bubble, including the seed accounts, that normalizes, glamorizes or promotes eating disorders.”
The report also showcased the firsthand account of a 17-year-old eating disorder survivor and activist identified as Kelsey. Kelsey wrote that it was impossible to “imagine a time when the app didn’t have the sort of content that promotes disordered eating behavior.”
“I felt like my feed was always pushed towards this sort of content from the moment I opened my account,” Kelsey continued.
“That type of content at one point even got so normalized that prominent figures such as the Kardashians and other female and male influencers were openly promoting weight loss supplements and diet suppressors in order to help lose weight.”
Kelsey said Instagram delivered that content without any relevant searches, but posts about body positivity needed to be actively sought out.
The report concluded by arguing that there needs to be legislation that regulates platforms like Instagram by requiring them to prioritize user safety, particularly for children.
Meta and Instagram have long been accused of disregarding child safety. Last year, a whistleblower unveiled documents that revealed the company knew of the harm it posed to young people, specifically regarding body image. A Meta spokesperson told The Hill that they were unable to address the most recent allegations in Fairplay’s report.
“We’re not able to fully address this report because the authors declined to share it with us, but reports like this often misunderstand that completely removing content related to peoples’ journeys with or recovery from eating disorders can exacerbate difficult moments and cut people off from community,” the spokesperson said.
Etsy Sellers Strike Amid Increased Transaction Fees and Mandatory Offsite Advertising
“What began as an experiment in marketplace democracy has come to resemble a dictatorial relationship between a faceless tech empire and millions of exploited, majority-women craftspeople,” an Etsy seller wrote in a petition.
Thousands of Etsy Sellers Shut Down Shops
Roughly 15,000 Etsy sellers are closing up their online shops starting Monday in protest of several grievances they have with the platform, including a new fee increase.
Starting on Monday, transaction fees are getting boosted from 5% to 6.5% on the platform. CEO Josh Silverman sent a memo claiming that this hike will allow the company to “make significant investments in marketing, seller tools, and creating a world-class customer experience,” but sellers have been frustrated by the change.
“Etsy’s last fee increase was in July 2018. If this new one goes through, our basic fees to use the platform will have more than doubled in less than four years,” seller Kristi Cassidy wrote in a petition calling for a strike. As of Monday morning, over 50,000 Etsy sellers, customers, and employees had signed the petition.
“These basic fees do not include additional fees for Offsite ads – which started during the first wave of the pandemic,” Cassidy continued.
Offsite ads allow Etsy to advertise sellers’ products on other websites like Google. Sellers who make over $10,000 a year reportedly have no way of opting out of the program and Etsy takes at least 12% of sales generated through the promotions.
“Etsy fees are an unpredictable expense that can take more than 20% of each transaction,” Cassidy wrote. “We have no control over how these ads are administered, or how much of our money is spent.”
Etsy became a pandemic success story as online shopping rose amid lockdowns. Many turned to the platform to purchase masks and other goods, prompting its stock, sales, and number of sellers to rise.
“It’s really obnoxious to tell us sellers, ‘Hey, we made record profits last year and we’re gonna celebrate by raising your fees a whole bunch,’” Bella Stander, a maps and guidebooks publisher who sells on Etsy, told the Wall Street Journal.
What Etsy Sellers Are Demanding
Currently, there are over five million sellers on Etsy. Cassidy hopes that if enough of them unite, the company will have to respond.
“As individual crafters, makers and small businesspeople, we may be easy for a giant corporation like Etsy to take advantage of,” she wrote. “But as an organized front of people, determined to use our diverse skills and boundless creativity to win ourselves a fairer deal, Etsy won’t have such an easy time shoving us around.”
In the petition’s list of demands, it asks that Etsy cancel the transaction fee increase, allow sellers to opt out of offsite ads, and provide a transparent plan to crack down on resellers who take up space on the platform.
It also demanded that Etsy end its “Star Seller Program,” which impacts how sellers can interact with their buyers.
“Etsy was founded with a vision of ‘keeping commerce human’ by ‘democratizing access to entrepreneurship.’ As a result, people who have been marginalized in traditional retail economies — women, people of color, LGBTQ people, neurodivergent people, etc. — make up a significant proportion of Etsy’s sellers,” Cassidy wrote.
“But as Etsy has strayed further and further from its founding vision over the years, what began as an experiment in marketplace democracy has come to resemble a dictatorial relationship between a faceless tech empire and millions of exploited, majority-women craftspeople.”
In a statement to Yahoo Finance, an Etsy spokesperson claimed that sellers were the company’s “top priority.”
“We are always receptive to seller feedback and, in fact, the new fee structure will enable us to increase our investments in areas outlined in the petition, including marketing, customer support, and removing listings that don’t meet our policies,” the spokesperson said. “We are committed to providing great value for our 5.3 million sellers so they are able to grow their businesses while keeping Etsy a beloved, trusted, and thriving marketplace.”
The strike was a trending topic on Twitter Monday morning. Many sellers took to the social media site to pledge their support to the movement.
Many sellers are urging buyers to refrain from using the site for the remainder of the week, which is how long the protest is currently scheduled to last.