Yesterday, the European Parliament passed the Copyright in the Digital Single Market Directive, including articles 11 and 13. The consolidated trilogue text was approved by 348 votes in favour, 274 votes against and 36 abstentions. As a think tank working for Openness in IT markets, we see this as a bad blow to the Open Internet, and Openness in general.

As for the goal of the SaveCodeshare.eu campaign, we managed to exclude “open source software development and sharing platforms” from the Directive’s scope, which was the most direct threat to Free and Open Source software development in the text.

OpenForum Europe and the Free Software Foundation Europe will follow the transposition processes (making the Copyright Directive actual Member State law). An exclusion in a Directive is not as written in stone as a regulation, and we need to make sure that our exclusion does not get lost in translation. We will call on our like-minded parties to help us in this process.

One positive note: our campaign and efforts, not just in Brussels but also in the Member States, have led to increased knowledge of FOSS among more policymakers. This means that if or when we need to save FOSS from other efforts to close the digital space in Europe, we have a stronger foundation to advocate from.

We also have a reinvigorated network of FOSS advocates. At OFE we will dedicate our future efforts to connect advocates, academics, experts and policy makers to discuss positive and proactive efforts going forward.

Lastly, thanks to all of you that spoke out and supported our campaign!

The post Copyright Directive Approved with Art. 11 & 13 appeared first on OpenForum Europe.

As a pro-Openness think tank, OpenForum Europe has grave reservations about the consolidated text. Aside from the explicit aims of the text, we are deeply concerned with the unintended consequences that could stem from trying to solve a perceived specific problem by adjusting the fundamental building blocks of the Internet.

The original proposal could have regulated the platforms software developers use, cooling incentives to innovate and making software more fragile in Europe. In response to this, OFE and FSFE started the SaveCodeshare.eu-campaign back in 2017. The OFE Intellectual Property Taskforce, chaired by Abby Vollmer of GitHub and James Lovegrove of Red Hat, coordinated our efforts with thousands of developers, researchers, businesses, activists and organisations. Together we wrote letters, petitions, and held meetings and events in Brussels and in the EU member states.

In the end, we managed to save codeshare from the risks presented by the Copyright Directive; article 13 now excludes “open source software development and sharing platforms” from its scope (see article 2(5) in the provisional agreement). At least this one unintended consequence has been avoided.

The platforms (or ‘Online content sharing service providers’ in the language of the Directive) that are included in the scope, will in practice be required to filter uploaded content, as they will be liable for copyrighted content uploaded by their users.

We thank everyone who got engaged and spoke up!

From a wider perspective, however, OFE has learned that we were able to raise awareness and understanding of what drives software development in Europe today among many policymakers.

Misunderstandings of how software ecosystem operates/collaborates, about the pervasive use of Free and Open Source software licenses, and the power and mainstream commercial nature of Open Source Software led to it development being an unintended victim of the Copyright Directive.

We corrected this oversight by taking the time to educate and inform, in order to get the text right. We still have lots to do, however. What is promising is that we now have an engaged and broad coalition of Open Source citizens who have proven that we can be effective.

Beyond the exclusion, the most important result of our campaign is that we have spent the time educating policy makers. We spoke up, and they listened.

For the coming years, Open Source advocacy should in our view move out of the defensive stance, and engage with policy makers on positive and constructive terms. This will be important as the EU and Member State governments move to regulate the tech space.

Let’s do our part to ensure open source software never becomes an unintended victim of regulation.

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