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EU “Bans Memes”

The European Union’s parliament has voted in favour of copyright laws that critics say effectively ban memes, as well as cripple the ability of non-tech giant sites to accept content contributed by users and force sites to pay if they so much as link to legacy media.

The European parliament finally voted in favour of Articles 11 and 13, the legislation passing with 348 votes in favour and 278 votes against; “establishment” and centrist parties generally voted in favour of the legislation, while right-wing Eurosceptic parties and some far-left parties largely voted against it.

Article 11 allows search engines and news aggregators to be sued if they show snippets of information from other sites without paying them, even if going so far as to consider a link to be qualifying form of copyright infringement, the law accordingly being dubbed a “link tax”.

Article 13 holds websites accountable for content uploaded by users, meaning that sites can be sued if a user uploads copyrighted material to their platform. Complying with this law is likely to require AI filters that search for copyrighted material and stop it from being uploaded – tech which only a handful of Silicon Valley giants happen to have.

Although politicians in favour of the laws have said that memes will be excluded from the restrictions, it is likely that companies will be forced to err on the side of caution when it comes to filtering out potentially infringing material, meaning that memes could nonetheless be flagged.

When asked about the possibility that filters would prevent parodies being uploaded to sites, German copyright lobbyists GEMA gave rather worrying answers that seem to betray a poor understanding of technology:

AI can recognize faces, preferences and even park your car. It should be easy to differentiate between a pirated original work and a legitimate parody.

Since sites such as YouTube are already notorious for completely ignoring parody and fair use rights in their copyright detection systems, this may not bode well.

Whilst the laws do not affect non-EU companies as such, with the continent and its individual nations desperate to build their own China-rivaling great firewalls and other censorship infrastructure to block copyright infringement, porn, criticism of the great replacement and other such evils, it seems no stretch to think non-compliant sites overseas will eventually be subjected to blocking.

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