GitHub wants you to: "Write to EU policymakers [...] and ask them to exclude “software repositories” from Article 13."

How about protesting all upload filters, period? You don't care about freedom and privacy, you only care about your bottom line here.

@raucao interesting if they do attempt to enforce those filters - they fulfill criteria for state-ebforced preventive censorship which is explicitly outlawed by Polish constitution (which, by the way, overrides anything by EU domestically)
@jeff @raucao i did see EUphiles claiming otherwise (somehow, given that international treaties are kind of lesser documents than the one declaring the sovereign of a nation) though our constitutional tribunal has ruled in that matter around 2005 - EU acts can't override the constitution and must work within boundaries and framework it creates.

@roka In case you hadn't noticed, the EU can dictate member states to implement laws without anyone ever having consented to that.

@raucao I know they want to but if EU dictates something that is unconstitutional and incompatible with Polish law hierarchy, the solutions are these:
- negotiate a change
- change the constitution (good luck gathering popular support for removal of censorship ban considering what commies did here, lol)
- polescape

EU directives may trump national legislation but that's the full extent of theirs.
@raucao note that this is the position of constitutional tribunal from 2005 - it is binding and no EU court has ever been given jurisdiction over constitutional matters of member countries

@roka I'd welcome a member state challenging them on that level, although I'm sure they would find some absurd solution to weasel their way out of it. :)

@raucao one thing that comes to my mind is that, if it's passed, it would have to be challenged probably on the service provider side - or that of the wrongfully targeted. This might be difficult given who controls those platforms (and with whom they're in bed.)

It'll be an interesting ride regardless.
@roka @raucao woulnd't still affect you unless github had its severs there?
@dracometallium @raucao we're talking about a project of a directive here. A directive has to be eventually implemented into member countries legal system through domestic legislations but legislation mandating censoring content before it's published is unimplementable in (at least) Poland. This wouldn't affect companies - unless they wrong (in this case) a Pole who fits legal criteria of a consumer as defined in articles 17-19 of EU regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[1], and who happens to decide to sue under Polish jursdiction.

As a sidenote, there was a somewhat recent legal drama related to content filtering of a certain (paid) file hosting site and the legal consensus was that mandating a necessity of content filtering would be contra legem, both because of article 54 ust. 2 of Polish constitution and legislation regulating provision of electronic services (article 15, in summary the provider is not compelled to check transmitted, stored or shared data under certain criteria). I'd have to check it out again in detail though but digital content *is* form of speech as spoken about in the constitution.

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