06 - 12 August 2018 | 96 comments (96 topical, editorial, 0 hidden)

Art. 11, Art. 13 UPDATE (none / 0)

I must say, this is not a victory for European Justice. This is a victory for redundancy, senseless judgment, and principles of profit maximizing capitalism.

EU's top court backs copyright holder in landmark ruling

The Court of Justice of the European Union (ECJ) ruling came after a secondary school student in Germany downloaded a photograph of Cordoba from a travel website to illustrate a presentation which was then published on the school website.
Photographer Dirk Renckhoff then sued the city of Waltrop and North Rhine-Westphalia for copyright infringement and 400€ in damages. A German court then sought guidance from the Luxembourg-based ECJ, which went against a non-binding opinion from its adviser four months ago.

because Dirk is an asshole

"The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author," judges said.
"By posting on the internet, the photograph is made available to a new public [wtf]," they said. Judges said posting a work online was different from hyperlinks [?!]

I cannot UNSEE THAT IMAGE OF CORDOBA, ES!!

which lead users to another website and thus contribute to the smooth functioning of the internet.

OTOH, the ECJ has again successfully asserted its undisputed authority to judge any dispute. Good going!

Diversity is the key to economic and political evolution.

by Cat on Wed Aug 8th, 2018 at 04:13:27 PM EST
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Re: Art. 11, Art. 13 UPDATE (none / 0)

177,060,615 views

Diversity is the key to economic and political evolution.

by Cat on Wed Aug 8th, 2018 at 04:48:10 PM EST
[ Parent ]

Re: Art. 11, Art. 13 UPDATE (none / 0)

So the guy shouldn't get paid for his work? I mean, I agree he's being an asshole here, but in principle?

Copyright either has to be enforceable (though damages awarded here should be a bag of sweets or something) or you need another way to pay people for their work.

by Colman (colman at eurotrib.com) on Wed Aug 8th, 2018 at 04:53:19 PM EST
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Re: Art. 11, Art. 13 UPDATE (none / 0)

< wipes tears >

You answer your own question.

The enforcement of the GDPR, the DCMA, the Cloud Act, desuetude, Droit de Suite, and countless criminal statutes and tort disputes on which the measures of moral rectitude in business rely, finally, on each and everyone's tacit obedience to laws (codified custom) and observance of the judicial opinions of the day.

What is an injury to oneself or others, and What is not socially acceptable conduct?

If you don't know, if at some point, at the um intersection of indecision about what path to take, that socratic line --above and beyond the heternomy of law enforcement that is "us"-- lies autonomy.

Knowing what I know, how shall I act? is the loneliest manifestation of "freedom". Dirk chose asshole, for no reason other than "I can." For no thought to the greater good done by publishing his property without his express "permssion."

Autonomy is not well understood.

Diversity is the key to economic and political evolution.

by Cat on Wed Aug 8th, 2018 at 05:42:04 PM EST
[ Parent ]

Re: Art. 11, Art. 13 UPDATE (none / 0)

1,528,764 views

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::
The more I think about this "decision", the angrier I become. Although I have not read the opinion text, I would bet my daughter, Dirk or his fucking agent selected and agreed to usage rights suitable for non-profit publication --1X or time-limited and not perpetuity --for which he was compensated. Digital surveillance has not changed the discretion of "creators" in licensing original art for any purpose. And I'd bet my daughter's daughter that asshole did not show that the city's use, a pubic school's use, regardless, deprived him of any current or future income in fact which is why the advocate recommended dismissal.

Diversity is the key to economic and political evolution.

by Cat on Wed Aug 8th, 2018 at 08:53:17 PM EST
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Re: Art. 11, Art. 13 UPDATE (none / 0)

7,183,036 views
lying to the races

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:: YOU CHOOSE

Diversity is the key to economic and political evolution.

by Cat on Wed Aug 8th, 2018 at 09:29:18 PM EST
[ Parent ]

06 - 12 August 2018 | 96 comments (96 topical, 0 editorial, 0 hidden)

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