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The public is opposed massively to the implementation of Article 13, Article 11 and other articles of this proposal for a European Directive. The final decision has not yet been made, but Google search is already wary of the worst case scenario.
It goes without saying that the controversy surrounding the new proposal for significant changes to the current status of copyright in the digital single market. In other words, a new scheme being finalized.
First of all, all this controversy has already been briefly explained here. Point by point and article by article. Meanwhile, and in another tonic, it is certain that Google already knows this hypothesis.
Article 11 and possible impact on Google search
Specifically, Article 11 can directly affect Google search results. That will not spoil it. It will not close. It will continue to exist but can be effectively unrecognizable.
Google is currently studying this scenario to prepare for this eventuality. This is what the Land Search Engine tells us in information published by the Android Authority portal.
According to these media, the appearance of Google search could be the following. See the picture (below), in which we have an impoverished result, especially regarding the News.
This can be the look of Google search in Europe if Article 11, Article 13 and the remaining legal diploma come into effect. Especially because of Article 11, dubbed "link rate" by critics.
Article 11 is called "liaison fee"
Article 11 is essentially intended to act on Internet platforms "that store and provide the public with access to large quantities of works or other protected media downloaded by their users" .
They must have agreements with their authors on the use of their content or any other type of protected material. If that's not the case, Google's search look might look like this.
The results of the research, although they continue to appear, would be stripped of most graphic elements. The skeleton with the results and nothing more.
Of course, we can not assume that it is a real scenario, but we can agree that it would be the worst case. This scenario would only occur if the provisions of Article 11 were not respected.
In the end, Google should determine which sources pay licenses to creators. For this, the technology giant will have to create a platform to measure this end.
If you do not, you can select a handful of sources that are proven to give good credit to anyone who is entitled to it. In short, Article 11 can protect and benefit content creators.
However, this would imply new obligations for Google and several other platforms. To what extent are they willing to work to enforce the law, we do not know it anymore.
The Spanish precedent in Article 11
The easy (and economical) solution will simply be to cut, restrict or delete. In fact, an identical solution was tried in Spain: it was in 2014 and a legal provision identical to that established in Article 11 was applied.
Needless to say, the Google News section closed after a few months. Can the same result apply to Europe as a whole?
In the meantime, Articles 13, 11 and the whole of the directive will be the subject of a new vote and a new evaluation. In fact, this can be adjusted in a deep understanding.
Finally, if approved, each Member State will have two years to transpose the Directive into its legal order.
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