Abstract

After two and a half years of intense discussion the EU introduced a droit d'auteur reform in light of the opportunities and challenges of digital revolution. The reform was necessary: the old 2000 directive considered Internet service providers as passive hosting, exempting them from copyright rules and other responsibilities, while they actually rake a huge share of European advertising markets. European Court of Justice and national courts highlighted in many occasions the need for greater legal clarity in the distinction of passive and active hosting actions for these commercial actors. Around this issue European political groups and national governments showed strong divisions, with the consequence of a difficult (but successful) negotiation. These pages contain a tale of this process and show that the opposing views did not reproduce traditional political boundaries but new fractures arising from different judgements about the value of competition and the role of technological progress, that hit in particular the Socialists & Democrats group. The final step arrived in March 2019 with a Parliament approval that confirms in Europe the rule of law and the democratic and authoritative response of EU institutions in front of the risks rising from new global monopolies and in defence of cultural diversity and pluralism.