Does anyone know if and how this will impact open source? I’m thinking of platforms like Github and package managers (e.g. npm and Hex both have commercial interests afaik).
Github is exempt from the much discussed article 17 (formerly 13; user generated content), because of the redefinition of “online content-sharing service provider”. The EU defines:
“Providers of services, such as […], open source software-developing and-sharing platforms, […] are not ‘online content-sharing service providers’ within the meaning of this Directive.”
But the question is how definite this list is. This is what troubles me and what also Wikipedia has criticized. They write a list of a few services, put a “such as” before the list and expect that everything is fine.
They list a few not-for-profit examples in this list, but for example not a “not-for-profit soccer movie hosting service”. Is my theoretical not-for-profit soccer movie hosting service ¹ now exempt or not? I guess not, but the list is prefixed with “such as” which for me means that it is not a definitive list. And it’s not a definition like “not-for-profit services such as not-for-profit encyclopedia, not-for-profit …”, it’s a list of “services such as”. They EU does not even know what kind of services they want to exclude from article 17, only that they want to exclude “services such as”. lmao.
¹ not so theoretical indeed, because there is or was a German service that hosted short clips from 4th or 5th (or even lower?) league soccer matches; cannot find them anymore and maybe they are offline, because some years ago they got into big trouble with the soccer association for copyright infringement or licensing problems or so (I think all clubs playing in the league are member of the association and the association said the website is violating their exclusive right to publish soccer videos, even though the association of course have zero will to sell clips from the 5th league…).