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What is Article 13 and how to fight back!

2019-03-27
all right so this is one of those talking head videos feel free to minimize it really even media if you want to I guess but that's besides the point we're gonna talk about the precedent that's been set how dangerous is is and what the future holds potentially what the future could look like because of article 13 or more commonly known as article 13 it's actually the European Union directive on copyright yeah you could tell that was written by old people today's video is brought to you by Nord VPN a service I've been using for a long time and it's becoming more relevant than ever as we will talk about in today's video obviously with the passing of the European Union a directive on copyright and specifically article 13 we'll be talking about that in today's video so we're probably going to see a huge rise in VPN traffic here in the near future because of net neutrality and now article 13 but fortunately Nord VPN has you covered with thousands of servers on more than 61 countries including you guessed it Europe in fact Nord VPN even has a campaign going right now to bring awareness to this ongoing issue with a fight the Mima ban with memes competition taking place in fact you guys can find a link down the description below it's designed to make people aware of what is happening and what we are talking about in today's video but not only all of this it's just good practice to protect and encrypt your data when you connect to the internet with military-grade encryption you can bet that the ISPs and the governments and all these other entities will not be spying on your data in fact new users you sign up for Nord VPN using my offer code J's two cents at checkout can save 75% off a three-year membership that is a very small price to pay to maintain the open freedom of your internet experience so you guys waiting for start taking things serious and shove it to article 13 by signing up for Nord VPN using my link in the description below alright so here's the thing net neutrality was a big bad scary thing because it basically gave the ISPs freedom to lock down the internet if that makes sense which is such an oxymoron right there because an oxymoron written by morons that being edge of Pi net neutrality was good we the battle of net neutrality was lost because of corporations paying billions and millions and billions of dollars to people like a Japan but you know what though that kind of pales in comparison to what article 13 can kind of do to the future because the biggest issue with net neutrality or the lack of net neutrality is the fact that ISPs could charge you they could charge you to connect to YouTube they could charge you to connect the Netflix or they could draw all your internet which they currently do they can slow down your internet connection to these sites because they are bandwidth hogs or if you want to get full speed you pay for it and that's that's the the spirit of non neutrality but this isn't discussion about net neutrality it's much much worse and that being I as I already mentioned the European directive on copyright the European Union directive on copyright now what that basically has is a it's a big law it's a big legislative piece of a bunch of old baby boomers that sit around and some parliament and Europe somewhere and to say this is the way it should be done can someone help me log into my AOL account you just listen to some of the legislators and law passers talk about lawmakers passers whatever just listen to it's like listening to them talk about the Internet is like listening to me talk about law these lawmakers that pass article 13 still use a trackball someone out there watching this right now is like I still use the trackball if you use a trackball hit F anyway so article 13 the way thing okay to understand what's changing you have to understand the way things currently work now right now in YouTube I'm gonna use the United States state the United States I'm hungry try to have a serious conversation guys the United States of a1 but understand the potential of how this could all work in the future yet understand how it currently works today at least yesterday or the day before before it actually went into effect here in the United States that's the only laws I know and can go by so I can tell you the way it currently works at least with YouTube is YouTube does have to follow the local laws of the areas that they're being viewed so if you're viewing YouTube in Europe or you're viewing it in chyna I think you compute in China maybe on a VPN for you viewing it in Korea are you viewing it in Taiwan or South Africa there are local laws have to be applied to where you're currently watching things because although the internet is all-encompassing in a connection the entire world you're still bound by your local laws so I am in the United States and those are the laws I know and understand so that's what I'm be referencing but it could affect us here because it sets a precedent and other governments like to follow suit with those that pioneer and do laws and things first and so this could be making its way here and the problem is I see article 13 and the European Union directive on copyright but the old people here in the United States going that sounds like a really good idea the way it currently works right now is that I upload a video or Kyle uploads a video that uses any other material I created J's two cents I upload these videos this is this is content that I own because its intellectual property I'm making this I'm creating it and if someone takes it and uploads it I can legally claim that content under copyright Kyle did that very sip the verge PC build and you all know how that turned out he was hit with a copyright strike because someone in the team was like we don't like what he's saying we're gonna copyright it but he's protected under laws known as fair use here in the United States so although Kyle used that piece of content from the verge for a parody that was under fair use in accordance of fair use which is an actual law here that states that you can do that you can make parodies you can use bits as long as it's used in a new creative format and not just a reload or a copyright you know just obviously using copyrighted material for the sake of reuploading it in its entirety now fortunately the editor-in-chief of The Verge agreed that it was an erroneous use of DMCA which is the Digital Millennium Copyright Act similar to article 13 here in the United States been abused too many many times it was up to the verge to first initiate the copyright strike and then it was also up to the verge to remove it article 13 basically states that it would be up to YouTube now to identify and make sure that copyrighted material does not make it on the platform because YouTube does benefit from every single upload that hasn't ad on YouTube they take 40% of the revenue and as such if they get 40% of illegal copyright uploaded material then that makes them basically implicated in the violation as well so article 13 specifically in Europe states that the platform has to be responsible for the copyright makes making sure that they are in compliance and not uploading and benefiting from copyrighted material so here's a few problems with that one it's very open to interpretation in fact they very clearly state that it's open to interpretation and it's up to the individual countries within the Union that being obviously the European Union to implement a system that stops the copyright material from being reuploaded so one how do you do that it's not like YouTube or Twitter or Facebook or Google or whatever hosting platform we'll talk more but more about that because there are guidelines in here or requirements in here as to who doesn't have a have to have a filter system who does etc etc it's not like they receive a list of this is copyrighted it's not like they receive a database that says here's the image match or the sound match or the sound file or whatever that states oh this is copyright when it's uploaded so how is the platform supposed to know one because the platform now can be potentially fined and held responsible for copyrighted material my fear is that the platform is going to become extremely sensitive so if you thought there were a lot of false positives before I think this is just the beginning now in terms of uploading though like I said it's not like they have a database so there's no way for them to know what is or isn't copyright material and many people don't know this it is up to the copyright holder to go in to the YouTube system to give it samples to say this is our material look for it remove it when you find it or you have the manual claims like you saw against Kyle so the issue there is YouTube Twitter Facebook and all the other major platforms are not going to have a mechanism in terms of knowing everything that has copyright compliance its copyright material it's gonna be up to the copyright holder to still feed that data now this is coming directly from Wired co uk so I'll put a link to this article down below it says the final wording of article 13 sense out exactly which platforms will need upload filters in which ones will now currently on YouTube will not something if I've just um if I'm just erroneous and I say I'm gonna upload this entire fight scene from Avengers infinity war it will get captured it will get immediately removed you have a choice as the copyright holder do you want to monetize the material and just redirect the funds to yourself do you want to give them a strike which is the most damaging to the content uploader and then or do you want to just remove it entirely but if I upload it something that's straight-up owned by like Universal or DreamWorks or whatever it will get caught it will get caught during the upload process because that's a very cut and dry copyright those have the manpower and the money to go in and feed the AI to feed the filters to let them know this is copyrighted material it's a lot easier to identify as well I own this video right now I'm creating it I own it it's my IP it's on YouTube they get a piece of the money but this is mine if someone else uploads it I have the same options as Universal or DreamWorks wood or Marvel or Disney from any other piece of copyrighted material the only way a site that hosts user-generated content can avoid putting in a place or in place at upload filter is if it fulfills all three of the following criteria it said it has been available for fewer than three years not many platforms that we consume content on these days or fewer than three years old it has an annual turnover below ten million euro that's not a lot of money if you're a hosting platform it has fewer than five million unique monthly visitors so basically this as you could as you can probably guess this means a huge number of sites from phishing forums to niche social networks will need to install filters let's just use for example like overclock net one of the oldest still running and operating compete websites with a forum a forum that allows you to upload pictures directly to its own hosting database as like a you know it's a registered user and if overclock net meets doesn't meet all three of those remember it could meet one two one or two but if it doesn't meet all three they have to have some sort of mechanism in place to filter out the copyrighted material so one of the issues with something like overclocked net is the fact that sure they may not have five million unique visitors a month anymore but they are definitely older than three years and I don't even know how a site like overclock net or any form would be able to afford any sort of filtering system that doesn't exist you know YouTube wrote its own AI to do it you know Facebook has its own AI to do it these small companies don't have any way of complying with these type of overclock are these these copyright laws I believe there's even an overclockers UK or something like that as well there's there's a ton of European sites that it's just there's no way for them to stay in compliance with this so what I see kind of being the obvious answer to that is they just remove uploading entirely there's even clauses and other language inside of here that I haven't even gotten into yet that also refers to linking and hot linking to copyrighted materials so how do you then control your users from being able to provide a link that then brings up a hosted image somewhere else of copyrighted material that's on your platform and they want the platform to still be responsible for that so I don't understand how this is something that's going to be able to be enforced I have zero idea and see it's just this they just threw this whole blanket over the problem but it says that the blanket has a bunch of holes in it it doesn't make any sense so I can't see how sites like that are going to be able to be to enforce this I don't even see how there's there gonna be enforcement over this at all if you want to know the truth I mean outside of the mate's like the major sites like you know YouTube for example they're big enough to be on the radar and governments and law law law enforcement will go after stuff like that but the small guys I mean I'd I kind of feel like you could slide under the radar but do you want to take that risk so as another article in here we're gonna leave that was like article 12 a basically states that if you go to a sporting event you can not take out your phone and record it and upload it to Facebook and share it with your friends without potentially also being caught under copyright Facebook could also put a filter in place and say we've identified this as copyrighted material you cannot share it so what does this mean if you're a european-based content creator it means that the platform is gonna start getting a lot more stringent fair use is one of those things that's like probably out the window now because how you gonna determine what's being used in fair use if it's a voiceover on a clip that's being shown in its entirety but it's still considered fair use or just something that looks very similar to something that has been used in the past and it has the Oh copyrighted material fortunately there are some ways around this right now and I don't know how well this is going to work in the future but right now there are ways around it you saw the ad earlier in this video that would be that of a VPN or virtual private network where you're tricking your ISP and the in the platform you're connecting to and everything to look like you're connecting from somewhere else so right now if you live in Europe a VPN of any sort that you trust is highly recommended because for now you need to mask where you're from to kind of get around this log so this video is just kind of putting it out there and making you guys aware of why it's important to stay active but involved in what's happening with your laws specifically on the Internet the Internet is the future and a lot of lawmakers understand that but they don't understand exactly what it is they're making laws about and you get crap like this you get the European Union directive of copyright ironically those people that are in opposition of it Facebook Netflix Google I think eBay was on there as well a lot of the online sites you know who's all for it record labels movie producers publishers because they're the ones who benefit directly obviously from all of the copyright material and so they don't want any bit of it even a snippet or even a meme to make it out there on the internet without getting paid so it's pretty obvious who's for and who is against unfortunately article 13 has passed and I believe it is now in effect so things are definitely not looking great for the internet so at the end of the day between net neutrality in the United States and the directive of copyright in Europe it's just not looking good for the future of the Internet and this is what happens when you buy a have a bunch of old people sitting around not sure how to log into their Yahoo making laws about the internet so anyway I just want to get this information out there and just basically and spark a little bit of interest for you guys to go and read and research this and I am dead serious when I say you need a VPN like I said even if it's not mine a VPN is the only way to start having any sort of fight or pushback because if the can't get the data from you to know what you're doing and where you're going and stuff at least that's the first line of defense it's not a foolproof one but it's at least the first line of defense all right guys thanks for watching and as always we'll see you the next one
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