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

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.

@andy_mc_donald: YouTube to roll out Red to 100 countries

As James Brindle recently posted, “Someone or something or some combination of people and things is using YouTube to systematically frighten, traumatise, and abuse children, automatically and at scale, and it forces me to question my own beliefs about the internet, at every level.”

But great news–now YouTube is delivering its dreck to 100 countries in a subscription package.  Here’s a few more fish stories from Susan Wojcicki:

susan-wojcicki

YouTube plans to roll out its subscription offering YouTube Red to around 100 countries this year, according to CEO Susan Wojcicki.  Speaking at the Code Media conference in California, Wojcicki described Red as “really a music service,” which it now plans to expand into many more markets after agreeing music licensing deals.

The service lets users watch or listen to YouTube content ad free, offline and in the background on mobile devices. Over the past two years YouTube has also invested in around 50 original series for Red.

Wojcicki explained that while YouTube started out by working with popular YouTubers on YouTube Red originals, it is now doing more around music, drama and other shows – adding this as a complement to what it now sees as fundamentally a music-focused offering.

Asked whether YouTube needs to buy a big company like Netflix or Spotify to up its content ambitions, Wojcicki said: “I think our goal is to continue to increase what we’re doing.”

“We are building that muscle of creating content; we’ll continue to do more and more and we’ll see what’s successful, we’ll see what our users respond to, what’s driving subscriptions, what’s being watched. I think one of the really amazing things about YouTube is the platform and the data that we have.”

Read the post on Digital TV Europe

@noamcohen: Silicon Valley is Not Your Friend

Late last month, Mark Zuckerberg wrote a brief post on Facebook at the conclusion of Yom Kippur, asking his friends for forgiveness not just for his personal failures but also for his professional ones, especially “the ways my work was used to divide people rather than bring us together.” He was heeding the call of the Jewish Day of Atonement to take stock of the year just passed as he pledged that he would “work to do better.”

Such a somber, self-critical statement hasn’t been typical for the usually sunny Mr. Zuckerberg, who once exhorted his employees at Facebook to “move fast and break things.” In the past, why would Mr. Zuckerberg, or any of his peers, have felt the need to atone for what they did at the office? For making incredibly cool sites that seamlessly connect billions of people to their friends as well as to a global storehouse of knowledge?

Lately, however, the sins of Silicon Valley-led disruption have become impossible to ignore.

Facebook has endured a drip, drip of revelations concerning Russian operatives who used its platform to influence the 2016 presidential election by stirring up racist anger. Google had a similar role in carrying targeted, inflammatory messages during the election, and this summer, it appeared to play the heavy when an important liberal think tank, New America, cut ties with a prominent scholar who is critical of the power of digital monopolies. Some within the organization questioned whether he was dismissed to appease Google and its executive chairman, Eric Schmidt, both longstanding donors, though New America’s executive president and a Google representative denied a connection.

Meanwhile, Amazon, with its purchase of the Whole Foods supermarket chain and the construction of brick-and-mortar stores, pursues the breathtakingly lucrative strategy of parlaying a monopoly position online into an offline one, too.

Now that Google, Facebook, Amazon have become world dominators, the question of the hour is, can the public be convinced to see Silicon Valley as the wrecking ball that it is?

These menacing turns of events have been quite bewildering to the public, running counter to everything Silicon Valley had preached about itself.

Read the post on the New York Times

@ethanbaron: Google accused of racketeering in lawsuit claiming pattern of trade secrets theft

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[Editor Charlie sez:  This is nothing compared to what Google has done to the music business–can you say “notice and shakedown”?]

In an explosive new allegation, a renowned architect has accused Google of racketeering, saying in a lawsuit the company has a pattern of stealing trade secrets from people it first invites to collaborate.

Architect Eli Attia spent 50 years developing what his lawsuit calls “game-changing new technology” for building construction. Google in 2010 struck a deal to work with him on commercializing it as software, and Attia moved with his family from New York to Palo Alto to focus on the initiative, code-named “Project Genie.”

The project was undertaken in Google’s secretive “Google X” unit for experimental “moonshots.”

But then Google and its co-founders Larry Page and Sergey Brin “plotted to squeeze Attia out of the project” and pretended to kill it but used Attia’s technology to “surreptitiously” spin off Project Genie into a new company, according to the lawsuit.

Read the post in the San Jose Mercury News

@andreworlowski: Google, propaganda, and the new New Man

Google has begun to infuse American TV and movies shows with propaganda – “good propaganda”, the company insists. However, it’s unlikely to please two groups who rarely agree on anything: those who think Google isn’t diverse enough, and conservatives who fear its political and media power.

So far, Google’s “interventions” have so far been limited to making computer geeks appear more attractive. For example, following Google’s advice, a greater proportion of programmers portrayed will be women, rather than guys in hoodies. Shows apparently benefitting from the Google touch include Halt and Catch Fire, and the sitcom Silicon Valley. And expect more of the usual homilies to “learn to code” – another more subtle form of indoctrination.

President Obama was kept up to date on the efforts. White House logs show that he met both Google’s co-ordinator, media program manager Julie Ann Crommett, and the academics Google funded to study the initiative, Professor Stacy Smith at USC Annenberg, a prominent commentator on gender issues.

Diversity campaigners and conservatives have good reason to be wary when Google inserts itself in the business of mass communication. Let’s take each case in turn.

Read the post on The Register

@riaa: Five Stubborn Truths About YouTube and The Value Gap

[Editor Charlie sez:  Lyor is the distraction.]

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We are pleased that Lyor Cohen says he is making it his mission to direct some of YouTube’s revenues back to the music creators who drive its success. His optimism is encouraging. But to be honest, we’ve heard pretty much the same claims and arguments from YouTube before. So while Lyor’s heart may be in the right place, the numbers and YouTube’s actions tell a different story.

Let’s be real about what we know:

1. Google’s YouTube is the world’s biggest on-demand music service, with more than 1.5 billion logged-in monthly users. But it exploits a “safe harbor” in the law that was never intended for it, to avoid paying music creators fairly. This not only hurts musicians, it also jeopardizes music’s fragile recovery and gives YouTube an unfair competitive advantage that harms the digital marketplace and innovation.

2. Lyor claims the focus on this safe harbor is “a distraction,” but it’s YouTube that seems obsessed with this legal pretext, probably because it’s the safe harbor that enables YouTube to drive down payments to creators, inappropriately. The safe harbor was intended to protect passive Internet platforms with no knowledge of what its users are doing, not active music distributors like YouTube. As Lyor acknowledges in his blog, “the majority of music…is coming from [YouTube’s] recommendations, rather than people searching for what they want to listen to.”

It’s no mere “distraction” when YouTube uses the safe harbor to skew negotiations with music creators in its favor; to offer a below-market rate and say “take it or leave it,” knowing that by “leaving it” music creators will have to spend countless hours and resources sending takedown notices when they find unauthorized copy after copy of their music on YouTube, only to find them pop right back up again.

That’s precisely why dozens of music organizations and thousands of individual creators across the entire global music spectrum have banded together to protest the existing laws — www.valuethemusic.com — or simply asked YouTube to be a better partner: YouTubeCanDoBetter. Their concerns are real, their indignation is genuine. To dismiss that is to turn a deaf ear to an entire creative community.

Read the post on Medium