Copyright reform to boost the digital music market – what’s next?
Few could have missed hearing about the copyright debate in Europe. Amid cries of “upload filters”, “censorship machine”, “robocopyright” and other buzzwords, the move to bring copyright up to date came under heavy fire. The battle raged for nearly three years. The final directive was published in May. It’s an impressive result for the music sector in particular.
The legislation marks a turning point for copyright rules in Europe and beyond. All eyes are now on EU member states as they start implementing the directive into their national laws. Of course, this will bring its own share of challenges. We know the lengths some parties will go to try and hold on to the status quo.
So what was all the fuss about? It started when the EU decided it was time to clarify what the courts had already been saying about platforms. They provide access to music and other copyright material uploaded by citizens, so they need a licence and can’t rely on safe harbour legislation.
As you can imagine, this wasn’t music to everyone’s ears.
Poland has the distinction of being the first country to tip Google’s lawfare strategy against the Copyright Directive–sue to have the whole thing overturned by Court of Justice of the European Union, the “CJEU.” The CJEU has, among other things, the jurisdiction to hear an “action for annulment” filed by a EU government like NATO member Poland.
So who is in Google’s Polish footprint? According to the Google Transparency Project, we find a few revolving door people. Want to bet one of them knows how Poland came to file their case so soon?
Sylwia Giepmans-Stepien: Former Junior Officer in Poland Ministry of the Economy
Marta Kokoszka: Project Manager, Polish Information and Foreign Investment Agency
Marcin Olender, Head of European Union and International Affairs Unit, Polish Ministry of Administration and Digitization
Big Door Keeps on Turning: Recent Departure from Google to (where else) Uber: Agata Waclawik-Wejman
But it’s not just the old revolving door. Google has made a substantial investment in Europe, but in particular at the University of Warsaw.
The Google Transparency Project describes Google’s investment in the University of Warsaw:
In early 2014, according to domain registration records, Google expanded its academic relationships in Europe further East, creating the Digital Economy Lab (DELab) at the University of Warsaw.
The program is described as an interdisciplinary institute funded by Google for the implementation of programs concerning the social, economic and cultural consequences of technology.
There is little public information about the extent of the partnership, or the amount of Google’s funding. However, the DELab website does offer some clues.
DELab’s director, Katarzyna Śledziewska, has a distinguished career in European policy and academic circles. She also serves as a member of another Google-funded initiative, the Readie-Europe Research Alliance for a Digital Economy….
Stay tuned, this case may turn out to be an excellent vehicle to find out more about the extent of Google’s investments.
[Editor Charlie sez: Spoiler alert! The answer is “Yes”!]
With right-wing populists expected to make big gains overall in the European elections, further legislation to rein in Silicon Valley could struggle to pass. In recent months, EU leaders have discussed imposing new digital taxes on the revenues of Big Tech companies; those efforts might not find support among Europe’s new parliamentarians. And the EU’s incipient antitrust crackdown against Big Tech—which now involves probes of Amazon and Google—could face stumbling blocks. Could Big Tech find itself depending on the votes of far-right, populist politicians to defend its corner?
[Editor Charlie sez: Let the FUD farming begin! Google fires up the addiction tactics in Europe after its miserable anti-artist message was rejected by the European Parliament. Read this article if you want to know what Google’s talking points will be in Europe.]
[Now here’s some objective journalism: “EU member states still have two years to write the vague language of the directive into law, and YouTube is not done pushing back on it.”]
YouTube and other tech platforms have argued that the only practical way to avoid liability will be to install even more restrictive content filters than the ones they currently have to prevent infringement. The EU directive does not require tech companies to do that and it makes exceptions for using copyrighted material in parody or commentary, as would be the case in Jones and Bardsley’s reviews.
But experts say it will be difficult for platforms to create automated filters that can distinguish this context, at least at first. That could mean a channel like “NitPix” would have to avoid using any movie or TV clips in their reviews to ensure their videos upload to the site in a timely manner.
There probably has never been as revealing an insight into Google’s short, loathsome and treacherous lifespan as the Article 13 legislative process in the European Parliament. It has put a microscope on Google’s fake lobbying campaign, but it also shows the extent of Google’s influence peddling to protect its profits from the European version of what we call the DMCA safe harbor.
The concentration of the Article 13 astroturf campaign seems to be centered in Germany and Poland. No surprise there–Google has been investing in European academics for a decade. Thanks to the Google Transparency Project, we know considerable detail about the extent of that investment.
Google has spent millions of euros funding European academics to write papers on digital policy, bankrolling university institutes and think-tanks in London, Berlin, Brussels, Paris and Warsaw
Over the past decade, Google has invested heavily in European academic institutions to develop an influential network of friendly academics, paying tens of millions of euros to think tanks, universities and professors that write research papers supporting its business interests.
Those academics and institutions span the length and breadth of Europe, from countries with major influence in European Union policymaking, such as Germany and France, to Eastern European nations like Poland….
For example, Google has paid at least €9 million to help set up the Alexander von Humboldt Institute for Internet and Society (HIIG) at Berlin’s Humboldt University. The new group launched in 2011, after German policymakers voiced growing concerns over Google’s accumulated power.
The Institute has so far published more than 240 scholarly papers on internet policy issues, many onissues of central importance to Google’s bottom line. HIIG also runs a Google-funded journal, with which several Google-funded scholars are affiliated, to publish such research….
And in Poland, Google has funded the Digital Economy Lab (DELab) at the University of Warsaw, similarly described as an interdisciplinary institute that will research and design policies governing technology issues. Second, Google has created and endowed chairs at higher-learning institutions in European countries including France, Spain, Belgium, and Poland. Those chairs have often been occupied by academics with a track record of producing research that closely aligns with Google’s policy priorities….
Europe’s importance for Google cannot be overstated. It is both a key market, with usage rates above 80 percent in many countries, and the most organized source of opposition to its expansion plans. The European Commission is arguably the only regulator beyond the U.S. with sufficient clout to cause Google to alter its conduct. European officials have levied billions of dollars in fines for antitrust violations and have enacted some of the most stringent laws in the world to protect consumer privacy.
Strangely enough–sarcasm alert–the countries where Google has made its most significant purchase of academic mind share are also the countries where opposition to Article 13 seems the greatest, especially Germany and Poland.
But the larger point is that there should be no doubt in the mind of any artist anywhere in the world that Google and its fellow travelers are not your friends, never were and never will be.