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See the Report Containing All Your Comments Here! Executive summary On 17th September 2015 the European platform, with 3737 responses coming Commission released a questionnaire from within the European Union. on the regulation of online platforms asking how such platforms should This volume contains all of the operate in the European market. comments from within the EU that the Save the Link network received in Entitled Regulatory environment response to this consultation. for platforms, online intermediaries, data and cloud computing and Overall the responses show that the collaborative economy, the Internet users regularly find themselves questionnaire had a broad scope, unable to access content, losing access seeking input on everything from to legal content and inconsistencies in geo-blocking and data privacy to takedowns without clear answers as contractual relationships and licensing to why. Additionally, most respondents agreements. raised concerns about any system that would require websites or individuals to However, this questionnaire was widely pay fees to link to content online. criticised for its questions directed explicitly at rights holders, overly long As Internet users, we must play a role and with a low standard for usability in shaping the way the Web is changing. and user experience. This is why we did everything we could to get this survey in front of as many As the Save the Link network, we Internet users as possible. The more worked to bridge these gaps by isolating people who participate, the more questions that could have the greatest representative the outcomes will be. It impact on our right to link, and then is vital that these views are taken into asked them in a way that an everyday account and properly heard as the EU Internet users could understand and moves forward with the Digital Single answer. We narrowed it down to five Market Strategy, and with the new key questions on intermediary liability, copyright directive. transparency on website takedowns and lost content, and ancillary copyright. We hope their voices and perspectives will serve as a compass to guide your In total, 10,903 people responded to determinations going forward. the consultation on the Save the Link Save the Link question 1: When using platforms like SoundCloud or Facebook, have you ever seen legal content unfairly removed, or been unable to access it in your region? European Commission consultation question: Have you encountered, or are you aware of problems faced by consumers or suppliers when dealing with online platforms? 1476 428 8 Yes No I don’t know. 4 EU Responses to Question 1 Total number of responses: 1495 Unique responses: 661 “So, so, so often. Invariably in the form of a company claiming rights to content they do not have, be it squashing critiques of their work by claiming ownership of the fairly used reference material for instance, or even simply claiming ownership of the content based solely on the title. This seems to be a particularly significant issue in Germany, as I regularly find I am unable to show friends works by artists who have created original works inspired by owned franchises, only to find that ownership of the work has been claimed based on its tangential relationship to the franchise in question and thusly blocked.” yes, a lot, particularly on YouTube. Yes I am getting notices that certain TV Yes, unfortunately. It’s outdated. We are contents if videos are not available in living in a global economy and world now. my region because of legal issues When individuals are responsible for No monitoring content, they apply their unique quirks and morality, often inconsistently Yes. Frequently I have seen content unfairly removed on Facebook. While automated processes may result in unfairly removing/blocking legal content, No, because I don´t use this service. if it is monitored by humans, those who monitor tend to exercise their “value Yes, and I’ve also had issues linking things judgements”, so that there will always to people outside of my region on occasion be a risk that their decisions will be biased, prejudiced and inconsistent. Geoblocking, where content is available in some countries and not others can Yes, sometimes. be confusing and restricts access to knowledge and information.Monitoring Yes I’ve seen videos disappear of billions of posts per day for infringement police brutality and misconduct relies on automated systems, which often unfairly censor legal speech and Yes, quite frequently. Online filters and expression.Processes that take infringing DMCA notices, which take down infringing content offline (such as filters and notice content consistently overreach and often systems) which take down infringing often result in the blocking of legal content consistently overreach and often content. Monitoring billions of posts per result in the blocking of legal content. day for infringement relies on automated EU Responses to Question 1 5 systems, which cannot detect context a stance on what is copyright infringement. and unfairly censor legal speech and expression. Geoblocking, where different Yes: Since recently Facebook does not content is available in different countries allow viewing users’ content in Belgium can be confusing when it is unclear why without being logged in yourself. This content is not available, and restricts includes not being able to view any access to knowledge and information. people’s data without having a Facebook- When individuals are responsible for account and thus be tracked. monitoring content, they apply their own individual quirks and morality, often Region locking yes inconsistently. For example Facebook So far, no permits hate speech, but bans nudity. Yes, sometimes things are not Yes. Often the filters and automated accessible in my region. detection systems involved are far too proactive and remove legitimate content, Yes, it’s not infrequent to see content sometimes even uploaded by the actual not accessible in my region rightsholder. Furthermore, there is a very shady privately owned system to yes, anonymous reimburse copyrightholders that sits on a huge pile of cash that is NOT reimbursed A few times I have seen legitimate to the rightsholders. Also, the rules to this content removed from YouTube. blocking are unclear: can a nursing woman be shown, or is this nudity? Meanwhile, Yes, quite often. video’s of people proudly shooting machine guns inciting to racial violence Yes, some videos have been “not available are permitted... This is highly inconsistent. in your country”. Processes that take infringing content offline consistently Yes. For example, my company’s Internet overreach and often result in the blocking connection is passing through Luxembourg, of legal content.Geoblocking, where which provides an incorrect geolocation content is available in some countries and which sometimes blocks content. not others can be confusing and restricts access to knowledge and information. Yes. Facebook does weird things. Now you see it now you don’t. Yes! Quite frequently lately content disappears For SoundCloud some disapearing tracks yes. But I do not know if it was removed Yes, I have been unable to access by the users or someone else. I do noc certain contents in my region use Facebook. On Youtube, I have some blocked videos «not allowed in your Yes, one item from a Tumblr blog country» ... and I live in Belgium, a «so Yes, on Soundcloud a music producer/ called democratic and free country». artist friend had their own tracks on their Yes. Multiple times. own Soundcloud account removed ‘due to copyright’, this happened because of Yes, often blanket screening robots, it was a mistake but it took many emails and frustration Yes. Copyright holders often take too strict for the Soundcloud to reinstate his tracks. 6 EU Responses to Question 1 In Facebook there have instances were a No.I have seen commercial content not friend has posted a story link to the source being accessible in my region, that is US and the post including the link being content not accessible in CZ. I’m not sure removed without any reason, this happened if that falls into scope of the question. with the same thing for a number of friends Yes, in both Soundcloud & Facebook. I once saw a spoof Twitter account If you censor information then for a Conservative MP deleted within you continue to drive more illegal half an hour of its creation, during the sites in sharing such content 2010 UK General Election. Nothing else occurs to me off the top of my head I’ve had plenty of videos be unavailable to me on youtube, just because of my location Yes, on Youtube I don’t use Facebook or SoundCloud Yes, for no discernible reason Yes, on Facebook, I have seen peopple If it denounces the bad deeds of a blocket for publishing material on person or a society, they did and Curds and on sexuality/genderissues. they will without a doubt. Soundcloud I do not know - only by name. Yes I’ve seen many cases were relevant Using Facebook: Only what Facebook and informed political comment (as deletes.They are not serious at all. opposed to abusive or racist propaganda) has been blocked by facebook. Yes. I can’t see opera direct broadcasts from Europe. Yes, I have seen tsu links being removed from Facebook Yes, frequently Yes, many videos uploaded legally Yes. Since Facebook and SoundCloud to Youtube of U.S. news shows use conputer algorithms to monitor are unable to be accessed by me billions of posts, they are also claiming in Australia via Facebook to customize related sites or pages, etc., that the viewer might be interested in, Yes!.. all the time!.. bogus Copyright thereby directly choosing content for infringement has been used to take marketing bottom lines and filtering out the guts out of the internet any personal choice I would have.
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