(30.09.2019)

Crucially, the Commission shifted the focus from ISSs to platforms.1 Soon thereafter, the language in the many policy documents on platforms changed. Platforms, the Commission claimed, need to act “responsibly” if they are to continue to benefit from insulation. In its highly controversial Copyright in the DSM Directive the Commission suggests that even ISSs falling under Article 14 ECD need to have effective protective technologies and that they cannot rely on the article if they do not. ‘Active’ providers cannot rely on the protection as they are not responsible enough in the Commission’s mind.