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Posts Tagged ‘European Copyright Directive’

Loophole Competition: Is Google’s News’ Richard Gingras the Counterpart of YouTube’s Lyor Cohen? via ArtistRightsWatch

October 14, 2019 Comments off

We’re all well aware of how Google uses self-manufactured loopholes in the DMCA safe harbor to enrich itself at the expense of artists, and run their loophole traps while appearing to “help” artists deal with the Google manufactured whackamole on YouTube with “tools” like Content ID.  (See Ellen Seidler’s teaching on this subject, Kerry Muzzey’s post about Content ID from an artist perspective, and Zoe Keating’s statements on the YouTube Content ID shakedown.)

What Google has also done is find someone out there who is willing to promote the corporate line on DMCA abuse, the Chief Loophole.  This person very likely gets paid a fortune in both cash and stock options to be the public face of Google’s destructive policies.  Or at least a fortune compared to the person’s former colleagues in the copyright category that Google is commoditizing and extracting value from with their loophole seeking behavior.

Google then spends money on a charm offensive directed at these former colleagues—but which falls short of providing the same wealth that they bestowed on the Chief Loophole.  They may have many reasons for keeping this class distinction in play, but the message is clear—if you truly go over to the dark side, beaucoup bucks await you.  Or it will seem like beaucoup bucks to you because Google’s loophole seeking beat you down so far it looks like up to you.

Yes, I’m describing Lyor Cohen at YouTube and Richard Gingras at Google’s Internet of Other People’s News.  Rather than embrace a rights-affirming and privacy-protecting philosophy, these two divisional Chief Loopholers shore up two of the principal sources of Google’s data wealth—news and music.

Lyor Cohen embarrassed himself to little effect as the face of YouTube’s assault on the European Copyright Directive.  Mr. Gingras is doing the same in what promises to be the opening act of a long offensive against the European Copyright Directive.

The Copyright Directive has been passed by a vote of the European Parliament and transposed into French law by a vote of the Parliament of France—which the multinational Big Tech bloc like Google lost abysmally by employing a bot strategy that seemed to be modeled on the tactics of the Internet Research Agency as discovered by several European newspapers including the London Times.

The crux of the issue for Mr. Gingras is that the Copyright Directive requires Google to pay a neighbouring rights royalty to newspapers whose work they use.  You may have heard the Google Alinsky-style semantical talking point of the “link tax”.

Google is now putting Mr. Gingras forward to be the Lyor-style face of its campaign against journalists and news organizations in France by throwing a new loophole in the face of the French government while at the same time stepping up its charm offensive by offering what certainly look like bribes to news organizations in Europe that play ball.

The loophole is Google’s use of its brutal market power to force newspapers to give them for free that which would otherwise attract essentially a statutory royalty.  Mr. Gingras is the face of this, a role for which we hope he’s being at least as well compensated as Lyor Cohen for doing what is effectively the same job—being the face of the charlatan.  The good news is that Google tipped their hand early in the transposition process so even France can go back and fix this competition law violation.

Thanks to the Google Transparency Project (full report here) we know that Mr. Gingras also brings a pot of gold to his version of the rainbow, either directly or indirectly, through spending on the ideation and flaring from the shill incubator:

The Google Transparency Project undertook the most comprehensive effort yet to collect all of Google’s payments to media organizations around the world in one place. The analysis included 16 different Google programs and related organizations and spanned more than a decade.

It revealed that Google and related entities have committed between $567 million and $569 million to support at least 1,157 media projects around the globe.  The analysis also identified another 170 projects supported by Google for which no funding information was publicly available, suggesting that the total amount the company has spent on media grants is likely far higher.

Google often boasts about its support for journalism, disclosing plans to spend over half a billion dollars on media initiatives since 2013. But Google isn’t always transparent about its spending, making it difficult to assess what the company is giving—and what it may be getting in return.

We haven’t seen Mr. Cohen waiving around this kind of cash aside from a few thousand euro we know about that was paid to some YouTube “creators” to produce anti-copyright directive materials.

Lyor really needs to do something about that disparity.  We’re way beyond YouTube “creator” studios now—user-generated never got hundreds of millions.  I wonder what Mr. Gingras makes by comparison to Mr. Cohen?

@artistrights: As Predicted, Google Refuses to Comply with EU Copyright Directive #ThisIsWhatMonopolyLooksLike

October 8, 2019 Comments off
richard_gingras_11-20-2011

Journalist enemy #1

The first time I met with the French Minister of Culture, we met at their offices at the historic Palais-Royal complex which is also home to the Comédie-Française, the oldest active theater group in the world (founded in 1630).  The French take their culture very seriously.  One would do well to remember that in your dealings with them.

But of course, Google doesn’t give a rip about France, culture, French culture or the French Minister of Culture.  And as predicted, Google are refusing to comply with the new European Copyright Directive as transposed into French law.  (Once passed by the European Parliament, the Directive must be implemented at the nation state level–Google has no time for the nation state, either.  The law goes into effect in France on October 24.)

Having suffered a spectacular loss in the European Parliament, the American multinational Internet company is now going to bring Silicon Valley justice to France.

Agence France-Presse reports:

Google said Wednesday it will not pay European media outlets for using their articles, pictures and videos in its searches in France, in a move that will undercut a new EU copyright law.

The tech giant said it would only display content in its search engine results and on Google News from media groups who had given their permission for it to be used for free.

The announcement, which will result in free content gaining higher visibility, comes after France became the first EU country to adopt the bloc’s wide-ranging copyright reform in July….Google had warned after the European Parliament vote that the change would “lead to legal uncertainty and will hurt Europe’s creative and digital economies.”

Of course what Google meant was that Google will do everything Google can to hurt Europe’s digital and creative communities because they’re pissed.  Make no mistake, it’s not Google’s compliance with the law that is producing harm in France, it is Google’s refusal to comply that does so.

French President Macron made the country’s position clear:

“A company, even a very large company, cannot get away with it when it decides to operate in France,” the French president insisted, during a visit to mark the centenary of the La Montagne newspaper in the city of Clermont-Ferrand in central France.

“We are going to start implementing the law,” he said.

According to Emmanuel Legrand’s excellent newsletter, Google is refusing to pay French news publishers for free-riding on their expensive news when delivered in Google’s massive monopoly on news aka search results:

French minister of culture Franck Riester was particularly incensed by Google’s decision. “I met with the head of Google News [Richard Gingras] this morning at the Ministry of Culture,” said Riester to journalists on the day Google made its decision public. “I sent him a very strong message about the need to build win-win partnerships with publishers and news agencies and journalists. The answer he gave me a few minutes later was stonewalling. This is unacceptable.”

Apparently this philistine from Silicon Valley not only has no respect for the law or the democratic process, he also has no respect for French culture.  Be clear on this–the French law was passed in the European Parliament over Google’s unprecedented astroturf lobbying campaign AND it was passed at the national parliament IN FRANCE.  The people were heard TWICE.

And if Mr. Gingras wasn’t insulting enough to Europeans and the French people from his cozy option-packed Silicon Valley enclave, he sure doesn’t know how to handle himself with the French minister of culture.  Here’s a hot tip–the Peter Pan thing is not a good look outside the Googleplex paedocracy.

But understand this–as I predicted, Google has no intention of complying with the Copyright Directive and will dump as much money as it takes in legal fees, PR campaigns, fake news and astroturf until it has exhausted all possible claims, trials, appeals, lobbying, the works.  Why?

Because THEY LOST AND THEY ARE PISSED.  What you are about to see play out is what happens when the richest and most powerful media company in commercial history strikes back.  What happens when the Silicon Valley company with control over the world’s newspapers says a people should know when they’re conquered.  No blow is too low.  And I keep saying, there’s only one thing they understand which is not fines.  You can’t get fines big enough to hurt them.

What gets their attention is anything that affects their behavior–and that means injunctions or prison.  They have no appreciation for anything we do to create music, movies, news, photographs, illustrations or any other work of authorship.  For them, it’s there for the taking.

In a prescient 2008 book review (entitled “Google the Destroyer“) of Nicholas Carr’s The Google Enigma, antitrust scholar Jim DeLong gives an elegant explanation of Google’s thuggish behavior:

Carr’s Google Enigma made a familiar business strategy point: companies that provide one component of a system love to commoditize the other components, the complements to their own products, because that leaves more of the value of the total stack available for the commoditizer….Carr noted that Google is unusual because of the large number of products and services that can be complements to the search function, including basic production of content and its distribution, along with anything else that can be used to gather eyeballs for advertising. Google’s incentives to reduce the costs of complements so as to harvest more eyeballs to view advertising are immense….This point is indeed true, and so is an additional point. In most circumstances, the commoditizer’s goal is restrained by knowledge that enough money must be left in the system to support the creation of the complements….

Google is in a different position. Its major complements already exist, and it need not worry in the short term about continuing the flow. For content, we have decades of music and movies that can be digitized and then distributed, with advertising attached. A wealth of other works await digitizing – [news,] books, maps, visual arts, and so on. If these run out, Google and other Internet companies have hit on the concept of user-generated content and social networks, in which the users are sold to each other, with yet more advertising attached.

So, on the whole, Google can continue to do well even if leaves providers of is complements gasping like fish on a beach.

What you’re seeing in France is the onset of gasping.

“ACTA2” Trolls Publish Hit List on Pastebin of Artists who Supported Copyright Directive in Europe

June 28, 2019 Comments off

 

Crispin Pastebin

The “ACTA2” reference is a little inside baseball for the US audience–ACTA was a multilateral executive agreement (not a treaty) that would have strengthened copyright around the world.  Google opposed ACTA and drummed up astroturf opposition in Europe–which deserves a second look now that major newspapers have confirmed the extent of the Cambridge Analytica-style gaslighting campaign in Europe that Google and Facebook marshaled against the Copyright Directive.

“ACTA2” is a weak attempt to compare the Copyright Directive to ACTA (“ACTA2”, get it?) in hopes of mobilizing Europeans to reject their cultural monuments and embrace American multinational corporations who pry into their most private information and sell it to advertisers.  Oh, yeah.

Victory in Europe: The Two Years War over the Copyright Directive has Begun

May 30, 2019 Comments off

[This post originally appeared in the MusicTechPolicy Monthly Newsletter.]

If you’ve heard about the new copyright law in Europe, you’ve probably heard that the new rules with either break the Internet or bring Big Tech to heel.  I’d suggest neither proposition is true but not for the reasons you might think.  The reason is that Big Tech has absolutely no intention of complying with the law unless they are made to do so and few-if any- governments have the stomach to make them.

Cynical much, you may think?  Not really.  Hardly a day goes by that some new horror story doesn’t break about some awful business practice at Google, Facebook, Amazon or Twitter.  Lawmakers wring their hands, maybe fine the company concerned and everyone goes back to sleep until the next eruption.  Those fines are in the billions, but the bad behavior continues.

There’s a simple explanation for why.  It should be obvious by now that relying on good corporate citizenship is no more likely to produce a good outcome with Big Tech than it has  been with Big Anything Else.  You can dress them up in hoodies, they can tell you to lean in and that they won’t be evil, but “trust me” has not worked out very well so far.

Not only has “trust me” not worked out in terms of outcomes, it also hasn’t resulted in compliance with the law.  And this is the real reason why the bad behavior continues.  It’s not that these horror stories are “glitches”–no, the platforms that produce the inhuman results are working exactly as they are designed to do.  Do you really think that companies like Google, Facebook and Amazon aren’t able to control their platforms, algorithms and applications?

No, these companies make things that work very, very well.  For them.  They wrap them in extraordinary spin and mythology and deceive their users into increasingly addictive behaviors.  At their core, all these platforms are in two business lines–surveillance capitalism and addiction.  They use access to music and movies and journalism as a honeypot to draw in users whose data they can scrape and resell in an unvirtuous circle.

Face it–the Amazon shopping jones is not that different that a Home Shopping Network addiction, and none of the engineered behavior addictions from Silicon Valley are that different that Brown & Williamson Tobacco chemically engineering their product to be physically addictive to smokers with the messaging to match.

Nowhere is the unvirtuous circle more obvious than in Europe during the run up to and final passage of the new European Copyright Directive.  It cannot be overlooked that the European Commission fined Google billions of dollars twice during the period that overlapped with the ultimate passing of the Directive, for a total of $6.8 billion.  Those fines seem large, but were barely discussed compared to the braying from YouTube over the Copyright Directive.

According to leading European newspapers, Google and Facebook in particular fought the Directive with tactics that are reminiscent of Russia’s Internet Research Agency that we have all become too familiar with.  Bots, spam, interference lobbying and outright threats to Members of the European Parliament, the lot.  YouTube used its platform to spread misinformation about the directive through “YouTube creators” and reportedly targeted the children of MEPs who supported the Directive.

In the end, Google and Facebook were able to turn certain parts of the Directive their way but understand this–the Directive is simply that.  A directive at the “federal” level of the European Union.  That directive now has to be put into national laws by each legislature in the 28 countries that are members of the EU before it has any legal effect.  This can take up to two years  Therein lies the rub.

If past is prologue, Google, Facebook and their Big Tech fellow travelers have absolutely no intention of ever complying with the Directive.  They will lobby away as much of the Directive as possible at the member state level–that effort was already under way before the dust had settled much less the just concluded voting for Members of the European Parliament.

They then will sit back and wait to be sued.  The courtroom is where Big Tech most excels in tying the wishes of voters into knots.  By the time there is a final non appealable judgement from the highest court of competent jurisdiction in each member state including forms of appeal that no one has even thought of yet, Google will have probably backed new legislation and collected political IOUs that Google plans to use to reverse all ground gained in the Directive.

And in the meantime, the greatest income transfer of all time will continue as Google and Facebook suck the life out of creators for their fast buck profits and stock market largesse.

The only thing that will get their attention is action that affects their behavior-breaking up these companies in particular.  But understand that any government that takes them on is essentially going to war with a corporate country that is probably better funded and nastier than any government.

Getting justice from Silicon Valley will be an apocalyptic story worthy of Skynet.  But don’t think you can affect their behavior with your so-called laws that they have no intention of obeying.  Kyle Reese is not coming.

Don’t get me wrong–I’d rather have the Directive than not.  Just don’t deceive yourself into thinking the fight is over.

The fight is just beginning.

The Future of What Podcast: Article 13’s Potential Impact on the Music Industry

May 4, 2019 Comments off

Portia Sabin discusses the European Copyright Directive and the process that got the legislation passed in the European Parliament with Helen Smith of Impala, Crispin Hunt of Ivor Academy and Chris Castle.

@eLAWnora: The EU’s New Copyright Laws Won’t “Wreck the Internet”

April 2, 2019 Comments off

[Excellent work by Eleonora Rosati in Slate on the EU Copyright Directive.  This new legislation is important to creators around the world because it applies to the exploitation of all copyrights in Europe, not just European copyrights in Europe.]

On Tuesday, at the end of a process that lasted more than two and a half years, the European Parliament adopted the latest version of the EU Directive on Copyright in the Digital Single Market….

Critics have dubbed the directive a “censorship machine” that would harm free speech, impose new obligations on platforms that would be technically impossible for them to comply with, kill memes and GIFs, and ultimately “wreck the internet”….

These concerns are of course serious and need to be carefully considered, because the internet and the way it works are crucial to how we get and share information, and how we participate in culture. But it appears unlikely that this new EU law will irreparably harm the internet and our free speech online. In fact, contrary to these allegations, it makes users’ legal position safer than what is currently the case. In fact, in some cases, the directive will protect users from the risk of legal liability for sharing protected content. 

Read the post on Slate.

What’s Good for the Goose: Europe for Creators Asks for Equal Time on YouTube for Their Pro-Article 13 Messages — Artist Rights Watch

March 19, 2019 Comments off

In case you had any doubts, YouTube’s antics in pushing its messaging on copyright reform in Europe should dispel the idea that it is a neutral platform.

When safe harbors for companies like YouTube were created in the US and in Europe 20 years ago, it was with the idea of providing a little latitude to reasonable people acting reasonably on the condition of being a neutral platform–for not creating an app for Room 101 where 2+2=5.

Not only is YouTube not a neutral platform, but YouTube and its parent Google are using YouTube to do the very thing with public discourse that Google is being prosecuted for with commercial transactions–using its monopoly position to crowd out competition.

This press release from Europe for Creators sums it up with this statement to YouTube: “You advocate freedom of expression but what we have seen is a media service dedicated to the promotion of its own views, based on false information and scare tactics.”

A cautionary tale for artist advocates around the world.

PRESS RELEASE

Brussels, 15 March 2019

Europe For Creators is asking YouTube for access to the same tools YT has used to promote its own messages on the EU’s copyright directive and article 13. The request is to allow Europe For Creators to message YouTubers and place banner ads on YouTube’s network, in the same way YT has done.

An open letter has been sent by Europe For Creators, a coalition of professional organisations of writers, musicians, producers, comedians, films makers coming from all over Europe and representing 12 million jobs across the European cultural and creative sectors. YouTube’s behaviour in using its own network and advertising has been the subject of much debate about the platform’s dominance.

Read the full letter below and on Article13.org.
An Open Letter to Susan Wojcicki, CEO of YouTube

Dear Ms Wojcicki,

After almost three years’ worth of in-depth examinations and negotiations involving the three EU Institutions, 28 Member States, 751 MEPs, and thousands of experts and stakeholders, the European Parliament is about to take a formal decision on the directive on Copyright in the Digital Single Market.

The aim of one of the main provisions of this directive – Article 13 – is to ensure that platforms such as YouTube fairly compensate the creators whose works are made available through their services. In other words, to play fair and respect the creators who made YouTube what it is today.

We believe that the Copyright Directive will create a level playing field for the European Digital Single Market, with fair and equal rules for all.

There is ample public debate around this directive and your right to defend your position, as a concerned party, is not in question. Indeed, the positions you have taken in the media or through your own videos against Article 13 are well known and nourish the public debate.

However, since the European Parliament voted overwhelmingly on Sept. 12 to approve its version of the Copyright Directive, YouTube has been actively using its own services to influence public opinion, often with misleading or false information.

You have taken advantage of your considerable influence over 1.8 billion monthly users as the biggest media entity in the world to:

  • Circulate your own message to video makers and YouTubers
  • Create a uniquely formatted page, similar to SaveYourInternet, on Youtube.com
  • Create a portal comprising all videos defending your position on Article 13
  • Run banners, pop-ups and push notifications on YouTube defending your point of view and directing traffic to your unique YouTube.com webpage

This is unprecedented and raises ethical questions.

Moreover, YouTube enabled the propagation of misinformation – such as the claims that Article 13 would lead to the shutting down of YouTube channels, kill European startups, put an end to memes and gifs and harm freedom of speech. In other words: change the Internet as we know it. Such scaremongering deliberately ignores the special protections provided in the text and misleads public opinion.

It interferes with the democratic and balanced debate that all European citizens are entitled to. We believe it is totally unfair and unacceptable that your service, which dominates the online market, is exclusively used as a media service to promote your own commercial interests in a debate over European legislation.

You advocate freedom of expression but what we have seen is a media service dedicated to the promotion of its own views, based on false information and scare tactics.

We believe in pluralism and open, democratic debate. We believe our views also need to be voiced to your audience. That is what freedom of speech is all about.

This is why we are asking you to let us, over the week of March 18-24:

  • send a message to the same YouTubers so we can share with them our vision of article 13 – the one we promote on our website, www.article13.org.
  • publish banner ads on YouTube as you did for the “saveyourinternet” campaign

Acting as a media service requires responsibility and accountability to ensure democratic debate.

Best regards,

EUROPE FOR CREATORS

About Europe For Creators:
A gathering of professional organisations of writers, musicians, producers, comedians, films makers coming from all over Europe…. We represent some 12 million jobs across the European cultural and creative sectors. We are people, not bots. And we are protesting against the false divide that has been put between citizens and us.

About IMPALA:
IMPALA – IMPALA is the European association of independent music companies. Its mission is to grow the independent music sector, return more value to artists, promote cultural diversity and entrepreneurship, improve political access and modernise perceptions of the music sector.

 

 

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