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Yep, it is. The directive applies to Hacker News.

And it will certainly be in trouble people decided to use it to post an entire Harry Potter novel and it becomes the go-to place to read it.

But Hacker News has moderators, and in practice, these posts are aren't likely to stay long, therefore fulfilling Article 13 obligations.

I'm pretty sure that movie quotes are not copyright-protected. And the last point in the article seems to be there to protects such uses explicitly.

As for the potential for abuse, I don't know, I am not a lawyer. But as I said before, it is just a directive, not a law, and it is incomplete. The spirit is all we have now, there is still a lot of work to be done on the letter.






Why would movie quotes not be copyright-protected?

They are almost certainly copyright protected, with copyright law provisions granted for certain fair use purposes.


Keep in mind that "fair use" is an American doctrine, not built into international copyright treaties and often defined administratively (not legislatively) in other countries. And we are discussing copyright law in Europe. Europe uses several itemized exceptions to copyright; a movie quote could fall under 5.3i "incidental inclusion" or 5.3k "pastiche", or in some contexts 5.3d "criticism and review", but there's no overall doctrine that "reasonable uses" are allowed.

According to Wikipedia, fair use is mentioned in the Berne convention https://en.m.wikipedia.org/wiki/Berne_Convention

That outcome sounds a lot like the outcome of US system.

Except in the U.S. judges can organically evolve the system as new questions arise and better resolutions are found. The continental legal system is much more bureaucratic. This matters because it's easier to push boundaries when the rules aren't written in stone, permitting more rapid and responsive evolution of the law.

Interestingly, the U.S. is slowly moving toward a more continental-style legal system while the E.U. is actually moving toward a more judge-made law system. That's because fragmented jurisdictional power in the E.U. has forced European judges (at both the national and EU level) to embrace de facto law making powers, and increasingly embracing doctrines that look exactly like stare decisis. (French-style civil law is a relatively recent development, anyhow; Europe isn't adopting the English system so much as reaching back into their own legal traditions to find a similar model of jurisprudence.)

By contrast, the bitterly partisan, winner take all politics in the U.S. has seen both the Democrats and Republicans attempt to centralize more power, both at the state and federal level. And judges, especially at the Federal level, increasingly eschew their law making role (albeit inconsistently). This is, arguably, why many common law copyright doctrines long relied upon by the open source community have begun falling to the wayside; judges increasingly prefer sticking to the strict letter of the statutes, effectively discarding the old doctrines that channeled and constrained their application.


Judges at the federal level do not have a law making role. Their job is to interpret the Constitution.

This isn't true, even from a textualist or originalist point of view.

"Judicial Conservatives" in the US disagree with "Judicial Activists" on whether (or to what extent) it is OK to creatively interpret laws (including the Constitution) to get preferred outcomes.

But all common law systems take for granted that judges fill in the inevitable gaps in the law by setting precedents. They can't just interpret it ab initio each time (which in principle is what they are supposed to do on the Continent, though I don't know about practice).

So for example, suppose a city bans anti-abortion pamphleteers from operating on the street outside an abortion clinic. Does that violate the 1st Amendment? Does it matter whether the pamphleteers are quiet or noisy? Does it matter if the exclusion zone is 10 feet vs. 1000 feet?

The text of the constitution is too compressed to answer those edge questions directly. Instead judges have come up with finer-grained rules to satisfy the general requirement of the text, and try (or claim to try) to apply them consistently. Developing these rules is lawmaking.


Thank you very much. Great points. I concede.

The law has an exception for quotations.

How can you prove that it came from a movie? You can not copyright words else no one would be able to say anything. That's what trademarks are for.

easy from the perspective of this law: build a db of every line spoken in every movie. Then block all posts containing a line from this db. If this blocks too much, dang provides human appeal.

UPDATE: To be clear, I am very much against this law. The collateral damage will be immense. But the politicians who want this law, they simply dont care.


...Which is a shockingly bad idea. Europe is crushing itself under it's own administratove state.

Is HN a EU entity? Sure they could decide to abide, but legally, the EU has no jursdiction over other countries. It's going to (continue to) break up anyway so this is all rather moot.



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