Smaller, more independent platforms will not be able to afford to implement compliance with these new regulations, and will potentially be driven out of business.
Of course, I agree with you that independent platforms are going to have a rough time. They either have to manually review all content themselves, not allow any user-uploaded content, or pay a company to do this for them.
If the PDF (https://juliareda.eu/wp-content/uploads/2018/09/Copyright_Se...) posted elsewhere in this discussion is accurate, Article 13 paragraph 3 was amended:
> When defining best practices, special account shall be taken of fundamental rights, the use of exceptions and limitations as well as ensuring that the burden on SMEs remain appropriate and that automated blocking of content is avoided.
SMEs = Small and Medium-sized enterprises
To be fair, that hypothetical problem is caused by a broken classifier and not the law. After all, youtube already blocks and removes content like you've described but no one is accusing the classifier of stiffling free speech.
I'm curious how this is supposed to work.
The copyright industry and their bought-and-paid-for politicians have repeatedly demonstrated that they have no mental model for such forms of distribution. Have you forgotten the panic that ensued fifteen years ago, when the music industry was suing middle schoolers?
(The irony is that the very same platforms these industry lobbyists are whining about only became popular because they killed P2P via the courts.)
Source from legislation: In particular, small and micro enterprises as defined in Title I of the Annex to Commission Recommendation 2003/361/EC, should be expected to be subject to less burdensome obligations than larger service providers. Therefore, taking into account the state of the art and the availability of technologies and their costs, in specific cases it may not be proportionate to expect small and micro enterprises to apply preventive measures and that therefore in such cases these enterprises should only be expected to expeditiously remove specific unauthorised works and other subject matter upon notification by rightholders.
Much as I hate to admit it, the biggest reason US tech companies have been so much more successful than European tech companies is that the US imposes far fewer regulations, which allows companies to use more of their revenue on growth.
This is consolidation of power, finally locking down the Free Internet just as we've done with every other industry. Stripping the power to change from the small.
And what are we doing about it?
Make our own content and host it ourselves?
This type of law is only effective due to centralisation of Internet services. If everyone self-hosted and was accountable for their own content there would be no scope for such legislation. All HN would hold would be linked-lists of URLs, no actual comment content.
Imagine a decentralised, federated HN where each comment originated from its owner's site.
This type of law encourages that very centralization. Look at the provisions of GDPR, for example. Do you think a two-person startup is going to have the resources to deal with all of its provisions? Or in this case: do you think that a new video-sharing startup is going to have the resources to deal with the more stringent copyright enforcement requirements?
The EU has, in effect, made a Faustian bargain with Google, Facebook and Twitter: if you accept our regulation, we'll ensure that you have no competitors.