It looks like it does not fall within the exemption of Art. 13 (4aa) but what is the scope: The network or the individual instance?
.@Gargron seems to feel that it will indeed affect mastodon, but how exactly:
- Does the Directive expect Eugen to go get the licenses for all of us?
- Will he have to implement the filters in mastodons code?
- Will I have to deal with it as an instance operator myself?
@malteengeler @gargron Nonono. 1. Mastodon does not "play an important role on the online content market by competing with other online content services, such as online audio and video streaming services, for the same audiences." (37a)
2. 13 (4a) says that measures have to be appropriate to the size of the service. So even if you believe that for users choose between Netflix and Mastodon, you'd only have to do, what you can do without money...
@kaffeeringe I don't agree. The only thing saving Mastodon as a service as of now seems to be its non-commercial nature. But individual commercially run instances may fall with the scope of the #CopyrightDirective which would require @Gargron to adjust the software for everyone enabling the few instances that have to comply with the Directive to be able to.
@kaffeeringe Recital 37a is "just" a recital. The wording of the directive itself is the more relevant one. And Art. 2 para. 5 seems quite clearly state that mastodon ist covered by the directive the same way Twitter and Facebook are.
@malteengeler How does the size of a Mastodon instance and Art 13 (4a) effect its responsability to watch illegal activities?
Legal.social is the Mastodon instance for legal debate.
Run by (but not only for) legal professionals.
May the best argument win.