Free Software and the Copyright Directive - Trialogue started

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Free Software and the Copyright Directive - Trialogue started

Artur Gil-2

---------- Forwarded message ---------
From: Alexander Sander <[hidden email]>

One of the most controversial policy topics in the European Union 2018
was, and still is, the harmonisation of copyright with a new copyright
directive. After two years of intense debates, the copyright reform is
getting close to the final straight. For the well-being of software
freedom, one of the most important debates was around Article 13.

Article 13 of the European Union's current copyright directive proposal
can seriously hamper collaborative software development, and especially
Free Software, by imposing the use of mandatory upload filters and
monitoring of their users. As a result of this proposal, Free Software
code-hosting platforms and public code repositories can be arbitrarily
removed online. After a long and intense debate that we accompanied with
your help and the Save Code Share campaign, and after collecting
more than 14.000 signatories for our open letter to avoid any negative
impact for Free Software, we obtained some limited exclusion for Free
Software in the text of the European Parliament's directive at the
beginning of September. With the adoption of amendment 143 and 150 of
the current copyright reform proposal in the European Parliament, we now
have at least an exclusion for “open source software developing
platforms (..) within the meaning of this Directive”. However, the
council proposed this exclusion to only be valid for “non-for-profit
open source software developing platforms”. Since the beginning of
October, the European Parliament and the Council have been in the
Trialogue to debate the final text. We keep raising our voices and
demanding for an appropriate exception of commercial as well as
non-commercial Free Software in the upcoming Copyright Reform package.
Most likely, this debate will continue until the beginning of next year.

We would also draw your attention to an event organized by GitHub, Open
Forum Europe, and Red Hat at Le Grand Central on 16 October: an evening
on the importance of open source software to software development and to

We will explain what open source software is, and talk about the
fundamental role it plays in Europe's digital transformation and
industrial competitiveness. We will also explain how open source
software fits in with copyright law, and how policymakers can help
protect the EU's software industry, including SMEs, in the Copyright
Directive. The public and private sectors of Member States and the EU
rely heavily on open source software and code-sharing platforms to
innovate and compete globally, so this topic has broad relevance to
policymakers and developers alike.

We hope you'll join us for this discussion and chance to ask questions
about open source and the Copyright Directive. Details here.

With best regards,

Alexander Sander

Alexander Sander - EU Public Policy Programme Manager
Free Software Foundation Europe
Schönhauser Allee 6/7, 10119 Berlin, Germany
Registered at Amtsgericht Hamburg, VR 17030  |   (

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