modulus

There is literally no instance in which expanding the scope of copyright law is a good thing. Never.

Why not? Copyright is a monopoly. Generally society benefits from having it as weak as possible.

Worth considering that this is already the law in the EU. Specifically, the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market has exceptions for text and data mining.

Article 3 has a very broad exception for scientific research: “Member States shall provide for an exception to the rights provided for in Article 5(a) and Article 7(1) of Directive 96/9/EC, Article 2 of Directive 2001/29/EC, and Article 15(1) of this Directive for reproductions and extractions made by research organisations and cultural heritage institutions in order to carry out, for the purposes of scientific research, text and data mining of works or other subject matter to which they have lawful access.” There is no opt-out clause to this.

Article 4 has a narrower exception for text and data mining in general: “Member States shall provide for an exception or limitation to the rights provided for in Article 5(a) and Article 7(1) of Directive 96/9/EC, Article 2 of Directive 2001/29/EC, Article 4(1)(a) and (b) of Directive 2009/24/EC and Article 15(1) of this Directive for reproductions and extractions of lawfully accessible works and other subject matter for the purposes of text and data mining.” This one’s narrower because it also provides that, “The exception or limitation provided for in paragraph 1 shall apply on condition that the use of works and other subject matter referred to in that paragraph has not been expressly reserved by their rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.”

So, effectively, this means scientific research can data mine freely without rights’ holders being able to opt out, and other uses for data mining such as commercial applications can data mine provided there has not been an opt out through machine-readable means.

Clearly this particular suit by this particular person is iffy. However, I don’t think this framing is very good: the fact Wikimedia is headquartered elsewhere shouldn’t make it immune from being sued where an affected party lives.

Also, this part of the article seems a bit contradictory:

Just because someone doesn’t like what’s written about them doesn’t give them the right to unmask contributors. And if the plaintiff still believes he’s been wronged by these contributors, he can definitely sue them personally for libel (or whatever). What he has no right to demand is that a third party unmask users simply because it’s the easiest target to hit.

Ok, but how does he sue them personally without knowing who they are? It’s fine to say this shouldn’t be regarded as libel (I agree, it’s a factual point, should be covered by exceptio veritatis or whatever) but I think it’s a bit dishonest to say you can’t hit Wikimedia, go after the individual users; but also, Wikimedia shouldn’t be forced to reveal them.

Much better if the court would consider this information as being accurate and in the public interest.

Of course the GDPR cuts two ways here, because political information is an especially protected category, with certain exceptions (notorious information). So I’m not sure how the information on this person’s affiliation to the far right was obtained and so on.