New European Copyright Laws

I’ve always kept an eye on European Union regulations because anything that affects big web companies or ISPs in Europe always ends up bleeding over into the US. Recently the EU has been contemplating new rules about online copyrights, and in September the European Parliament took the first step by approving two new sets of copyright rules.

Article 11 is being referred to as a link tax. This legislation would require that anybody that carries headlines or snippets of longer articles online must pay a fee to the creator of the original content. Proponents of Article 11 argue that big companies like Google, Facebook and Twitter are taking financial advantage of content publishers by listing headlines of news articles with no compensation for the content creators. They argue that these snippets are one of the primary reasons that people use social media and they browse articles suggested by their friends. Opponents of the new law argue that it will be extremely complicated for a web service to track the millions of headlines listed by users and that they will react to this rule by only allowing headline snippets from large publishers. This would effectively shut small or new content creators from gaining access to the big platforms – articles would be from only a handful of content sources rather than from tens of thousands of them.

Such a law would certainly squash small content originators like this blog. Many readers find my daily blog articles via short headlines that are posted on Twitter and Linked-In every time I release a blog or when one of my readers reposts a blog. It’s extremely unlikely that the big web platforms would create a relationship with somebody as small as me and I’d lose my primary way to distribute content on the web. I guess, perhaps, that the WordPress platform where I publish could make arrangements with the big web services – otherwise their value as a publishing platform would be greatly diminished.

This would also affect me as a user. I mostly follow other people in the telecom and the rural broadband space by browsing through my feed on Twitter and LinkedIn to see what those folks are finding to be of interest. I skip over the majority of headlines and snippets, but I stop and read news articles I find of interest. The beauty of these platforms is that I automatically select the type of content I get to browse by deciding who I want to follow on the platforms. If the people I follow on Twitter can’t post small and obscure articles, then I would have no further interest in being on Twitter.

The second law, Article 13 is being referred to as the upload filter law. Article 13 would make a web platform liable for any copyright infringements for content posted by users. This restriction would theoretically not apply to content posted by users as long as they are acting non-commercially.

No one is entirely sure how the big web platforms would react to this law. At one extreme a platform like Facebook or Reddit might block all postings of content, such as video or pictures, for which the user can’t show ownership. This would mean the end of memes and kitten videos and much of the content posted by most Facebook users.

At the other extreme, this might mean that the average person could post such links since they have no commercial benefit from posting a cute cat video. But the law could stop commercial users from posting content that is not their own – a movie reviewer might not be able to include pictures or snippets from a film in a review. I might not be able to post a link to a Washington Post article as CCG Consulting but perhaps I could post it as an individual. While I don’t make a penny from this blog, I might be stopped by web platforms from including links to news articles in my blog.

In January the approval process was halted when 11 countries including Germany, Italy, and the Netherlands said they wouldn’t support the final language in these articles. EU law has an interesting difference from US law in that for many EU ordinances each country gets to decide, within reason, how they will implement the law.

The genesis of these laws comes from the observation that the big web companies are making huge money from the content created by others and not fairly compensating content creators. We are seeing a huge crisis for content creators – they used to be compensated through web advertising ‘hits’, but these revenues are disappearing quickly. The EU is trying to rebalance the financial equation and make sure that content creators are fairly compensated – which is the entire purpose of copyright laws.

The legislators are finding out how hard it will be to make this work in the online world. Web platforms will always try to work around laws to minimize payments. The lawyers of the web platforms are going to be cautious and advise the platforms to minimize massive class action suits.

But there has to be a balance. Content creators deserve to be paid for creating content. Platforms like Facebook, Twitter, Reddit, Instagram, Tumblr, etc. are popular to a large degree because users of the platforms upload content that they didn’t create – the value of the platform is that users get to share things of interest with their friends.

We haven’t heard the end of these efforts and the parties are still looking for language that the various EU members can accept. If these laws eventually pass they will raise the same questions here because the policies adopted by the big web platforms will probably change to match the European laws.

Data Mining – It’s Not What Customers Think

I know that when the public hears that their ISP is engaging in data mining that they assume this means that the ISP is reading their emails and monitoring their website viewing. And ISPs do have the ability to do those things although I don’t know any who spy on their customers in that way.

I can certainly understand why data mining scares the average consumer. Supermarkets get you to sign up for their loyalty programs so that they know everything you buy from them. And I know I get a spooky feeling when I express an interest about some product in one place on the Internet and then see ads for that product pop up on Facebook or my Google search.

But data mining is a valuable tool and every ISP should be using it – just not in the same way that the supermarkets and Facebook do it. In fact, we probably need to come up with a better terminology for doing the things I am suggesting below.

There are a number of tools around that let you look at data about customer usage and these tools allow an ISP to do the following:

  • Spambots. There is a wide array of spambots and other malware on the web that can infect customers’ computers. The worst of these, from a network perspective are spambots, which take over your customer’s computers and use it to send out spam. Most ISPs monitor email usage from their own domain and can spot when one of their users has been taken over by a spambot. But most customers these days do not use the email names and domains assigned by their ISP. Instead they web email addresses such as gmail or even the older AOL. And some spambots create new email addresses that the customer doesn’t even know about. And so data mining can be used to look for customers with unusual upload traffic. No customer is going to be offended if you ask them if they are uploading traffic 24 hours per day if in the process you help eliminate Trojan horses and spambots from their computer.
118 - Another File Sharing Session

118 – Another File Sharing Session (Photo credit: erickespinosa)

  • Web servers. Most ISPs do not want a customer to be using a residential ISP account to run a commercial web server. A web server is a device that is being used to run a website or service that drives a large amount of download traffic. Such a website might be used for e-commerce for example. But far too often web servers are used to run porn sites. ISPs are not against web servers, but they do expect people who operate them to buy the proper business level service. A web server can be full 24-hours per day, and that is generally not the level of service that is intended for a shared residential product. Data mining can be used to identify web servers and the customer can be directed to a more appropriate (and appropriately priced) service.
  • Data Caps. Most ISPs have set some cap on the amount of usage that a customer can download in a month. And these caps do not have to be small. I have one client that has a 2 terabyte cap each month for residential downloads. But there is no sense in having a data cap if you can’t actually measure how much bandwidth each customer is using. Data mining tools are the way to measure customers’ usage.
  • File sharing. Most ISPs have terms of service that prohibit customers from sharing copyrighted materials with others. But realistically an ISP is not going to know what customers are sharing with each other unless you get a complaint from a copyright holder. But many ISPs still like to get a handle on file-sharing because such traffic can eat up a lot of system bandwidth. Data mining can help you identify customers who are probably involved in one of the common file sharing programs.  An awful lot of file sharing is done by teenagers. I have clients who send out friendly reminders to customers who they think are file sharing that say something like: “We notice by your internet usage that you are probably running a file sharing program. We would just like to remind you that it is illegal to share copyrighted material and that there have been cases where copyright owners have gotten significant settlements by suing people who were sharing their property.” Such notices cut down on a lot of file sharing traffic as parent pressure kids into doing the right thing.

So you should be data mining. But perhaps the things I have described could all better be classified as network management, a term that would not dismay your customers.