If we are to believe its critics, under the pending EU copyright reform legislation, the EU would implement a “link tax” across all of Europe. So if you link to a news article, for example, including a text snippet, then you’d have to pay a fee. When Spain tried this, Google News simply discontinued service in the country—that didn’t go over too well.
Maybe worse, the new law would require websites that engage the public to set up review processes to proactively remove violations of copyright rules. Those of us who have designed and used collaborative and participatory websites (that’d be most of you reading this) can well understand the difficulty here: it mandates a review process. It would be against the law to follow the publish-then-filter principle that is at the core of open source and open content projects. This could be disastrous for those projects—including, of course, Everipedia and Wikipedia. Let me explain.
The current regulatory regime in the U.S. is defined to a great extent by the DMCA (Digital Millennium Copyright Act), which enables websites to declare themselves to be Internet service providers who are not directly responsible for what their users post. If they receive a “takedown request” from someone whose rights are violated—for example, someone whose copyrighted work is reproduced without permission—they must simply take the work down promptly, and the problem goes away. And of course, the DMCA has no requirements whatsoever regarding hyperlinks. (Why on earth would it?)
But under the new EU regime, the Internet wouldn’t work that way. You’d have to pay to link to news articles—that would have made Infobitt impossible (among many more). And whenever you designed a form allowing a user to upload information for public consumption, you’d also have to design a whole system enabling the information to be checked for copyright infringement before being posted. Web developers naturally find both ideas absolutely ridiculous, not only because of the expense and technical difficulty, but also because it would interfere with and potentially ruin the social dynamics that make the sites work properly.
Of course, Internet giants like Facebook and Twitter might be able to satisfy the requirements of the law, but so many smaller projects would not. And while Everipedia‘s new blockchain review process might satisfy the review mechanism requirement (see our white paper), it seems impossible that the literally millions of links from our articles could be paid for—if, as seems likely, they would have to be under the new regime. (Any link to content that is under 20 years old would have to be paid for.)
Wikipedia never would have been able to get a start under this regime. Nor would any small, independent startup. Only giant corporations would be able to satisfy the law’s requirements.
But then, maybe that’s the point.