On Wed, 23 Aug 2017 11:02:51 +0200, Adam Borowski wrote: > Not found nor apparently even linked anywhere on the EFF site, they seem to > refer to http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=17200
Thanks for digging up this document. > # Article 13 > # > # Use of protected content by information society service providers storing > # and giving access to large amounts of works and other subject matter > # uploaded by their users Question 1: What are "information society service providers"? This is not defined in this document, but it refers (on page 20) to "Directive 2000/31/EC" [0] which is about e-commerce and says (on page 3): The definition of information society services already exists in Community law in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (4) and in Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (5); this definition covers any service normally provided for remuneration, at a distance, by means of electronic equipment … I don't think that Debian falls under this regime (we don't do e-commerce for remuneration). (18) mentions all kinds of non-remunerated activities but it still talks about "a wide range of economic activities which take place on-line". (19) again talks about "pursuit of an economic activity … place of establishment of a company". And Art.2 "Definitions" (c) finally reads: ‘established service provider’: a service provider who effectively pursues an economic activity using a fixed establishment for an indefinite period. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider; Question 2: What about the "uploads by their users"? Since Debian doesn't allow random people to upload random stuff to its servers which Debian then promotes, I think this also doesn't apply. Cheers, gregor [0] http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32000L0031&from=EN -- .''`. https://info.comodo.priv.at/ - Debian Developer https://www.debian.org : :' : OpenPGP fingerprint D1E1 316E 93A7 60A8 104D 85FA BB3A 6801 8649 AA06 `. `' Member of VIBE!AT & SPI, fellow of the Free Software Foundation Europe `- BOFH excuse #119: evil hackers from Serbia.
