14 Amendments of António MARINHO E PINTO related to 2016/2276(INI)
Amendment 2 #
Draft opinion
Recital A
Recital A
A. whereas online platforms (hereinafter ‘platforms’) cover a wide range of actors involved in numerous economic activities, such as e-commerce, media, search engines, collaborative economy, distribution of cultural content or social networks, and are therefore not subject to any clear and precise definition, the formulation of which would be the first step of a sectoral regulation process;
Amendment 5 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the intermediaries of yesterday have become today’s providers of content and play an essential role in terms of access to content including cultural and audiovisual content;
Amendment 15 #
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas in order to put an end to the copyright related ambiguity between active user-uploaded content platforms and those having an activity of mere intermediaries, it is necessary to clarify that the limited liability provided by Article 14 of the E-Commerce Directive is only applicable to platforms having a passive intermediary role, that is to say without intervening in the organisation, optimisation or promotion of the content;
Amendment 31 #
Draft opinion
Recital G a (new)
Recital G a (new)
Ga. whereas platforms can have double roles as intermediaries but also competitors which can potentially lead to abuse;
Amendment 32 #
Draft opinion
Recital G b (new)
Recital G b (new)
Gb. whereas a duty of care should be imposed under certain conditions to online service providers to detect and prevent illegal activities on platforms by any technically reliable means;
Amendment 33 #
Draft opinion
Recital G c (new)
Recital G c (new)
Gc. whereas online counterfeiting is becoming increasingly sought after by criminal organizations as it is more profitable and has a smaller risk of incurring criminal penalties than racketeering or drug trafficking;
Amendment 36 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the urgent need for clarification of the status of platforms that play an active role in public communication and the reproduction of protected works;
Amendment 46 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a regulatory framework that would guarantee loyalty and transparency towards business partners in relation to, inter alia, access to the service, appropriate and fair referencing, search results and the functioning of relevant application programming interfaces;
Amendment 51 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on platforms to take appropriate measures to ensure the proper functioning of contractual agreements concluded with right holders for the use of copyright protected works, such as the installation of effective content recognition technologies, where appropriate;
Amendment 70 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need to restore a balance in the sharing of value for intellectual property, in particular on platforms distributing protected audiovisual content;
Amendment 78 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that counterfeiting affects all sectors of the legal economy and that companies, the first targets of counterfeiters, are not the only ones affected by this scourge. Counterfeiting is a real issue for the health and safety of consumers who must be sensitized and made aware of the reality of trafficking in fake products;
Amendment 79 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to further promote the launched platform for settling disputes involving purchases made online amongst consumers, to improve its user-friendliness and to monitor whether traders comply with their obligation to put a link to the platform on their website, in order to further address the increasing number of complaints against several online platforms;
Amendment 80 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to consider establishing a harmonised approach to the right of rectification, the right to counterstatement and rights to forbearance for users of platforms;
Amendment 81 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the Commission to create a level playing field in view of claims for damages against platforms due to the circulation of disparaging facts, which create a persistent harm to the user;