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EU

Music Streaming Platforms Must Pay Artists More, Says EU (theverge.com) 58

The EU has proposed sweeping changes within the music streaming industry to promote smaller artists and make sure underpaid performers are being fairly compensated. From a report: A resolution to address concerns regarding inadequate streaming royalties for artists and biased recommendation algorithms was adopted by members of the European Parliament (MEPs) on Wednesday, highlighting that no existing EU rules currently apply to music streaming services, despite being the most popular way to consume audio.

The proposition was made to ensure European musical works are accessible and avoid being overshadowed by the "overwhelming amount" of content being continually added to streaming platforms like Spotify. MEPs also called for outdated "pre-digital" royalty rates to be revised, noting that some schemes force performers to accept little to no revenue in exchange for greater exposure. Imposing quotas for European musical works is being considered to help promote artists in the EU.

EU

Google To Tweak Search Results To Comply With EU Tech Rules (reuters.com) 20

Google will tweak online search results to give comparison sites more prominence, the company said in a blogpost on Wednesday, as it outlined efforts to comply with new EU tech rules that could hit revenues for some companies. Reuters: Under the European Union's Digital Markets Act (DMA), which the company will have to comply with by March 7, Google is obligated to treat rival services and products the same way as it treats its own when it ranks them in search results. It is also required to allow business users to access the data that they generate when using Google's platform.
News

Rockstar Games' Owner is Fighting Remedy Entertainment Over Its New 'R' Logo (theverge.com) 24

Remedy Entertainment, the developer that created the Max Payne and Alan Wake video game franchises, is embroiled in a trademark dispute with Take-Two Interactive over claims that Remedy's new "R" logo too closely resembles that of its subsidiary Rockstar Games. From a report: As first reported by RespawnFirst, the Rockstar parent company has objected to trademark filings Remedy submitted to the Intellectual Property Offices in the UK and EU last year, over grounds that the logo is likely to cause "confusion on the part of the public." Remedy publicly unveiled its updated "R" logo in a blog post on April 14th, 2023 -- one day after the company filed its trademark application with the EU -- saying that the "bullet in the letter R in the old logo represented the era of Max Payne," and that it no longer reflected its wider game portfolio.
Apple

App Store To Be 'Split in Two' Ahead of EU iPhone Sideloading Deadline (macrumors.com) 29

Apple is preparing to split the App Store "in two" in the coming weeks ahead of European Union requirements that will force Apple to enable app sideloading in the region, Bloomberg's Mark Gurman reports. From a report: In the latest edition of his "Power On" newsletter, Gurman explained that Apple is gearing up to make changes to the App Store in the EU to comply with the region's impending Digital Markets Act (DMA). Apple is apparently planning to roll out adjustments to comply with the new legal requirements in the coming weeks, including splitting off the App Store in the EU from the rest of the world. The deadline for Apple to comply with the DMA is March 7, so the company has just over seven weeks to enact the changes.
EU

Python Software Foundation Says EU's 'Cyber Resilience Act' Includes Wins for Open Source (blogspot.com) 18

Last April the Python Software Foundation warned that Europe's proposed Cyber Resilience Act jeopardized their organization and "the health of the open-source software community" with overly broad policies that "will unintentionally harm the users they are intended to protect."

They'd worried that the Python Software Foundation could incur financial liabilities just for hosting Python and its PyPI package repository due to the proposed law's attempts to penalize cybersecurity lapses all the way upstream. But a new blog post this week cites some improvements: We asked for increased clarity, specifically:

"Language that specifically exempts public software repositories that are offered as a public good for the purpose of facilitating collaboration would make things much clearer. We'd also like to see our community, especially the hobbyists, individuals and other under-resourced entities who host packages on free public repositories like PyPI be exempt."


The good news is that CRA text changed a lot between the time the open source community — including the PSF — started expressing our concerns and the Act's final text which was cemented on December 1st. That text introduces the idea of an "open source steward."

"'open-source software steward' means any legal person, other than a manufacturer, which has the purpose or objective to systematically provide support on a sustained basis for the development of specific products with digital elements qualifying as free and open-source software that are intended for commercial activities, and ensures the viability of those products;" (p. 76)


[...] So are we totally done paying attention to European legislation? Ah, while it would be nice for the Python community to be able to cross a few things off our to-do list, that's not quite how it works. Firstly, the concept of an "open source steward" is a brand new idea in European law. So, we will be monitoring the conversation as this new concept is implemented or interacts with other bits of European law to make sure that the understanding continues to reflect the intent and the realities of open source development. Secondly, there are some other pieces of legislation in the works that may also impact the Python ecosystem so we will be watching the Product Liability Directive and keeping up with the discussion around standard-essential patents to make sure that the effects on Python and open source development are intentional (and hopefully benevolent, or at least benign.)

Earth

2023 Was Hottest Year Ever Recorded Globally, US Scientists Confirm (theguardian.com) 114

Last year was the hottest ever reliably recorded globally by a blistering margin, US scientists have confirmed, leaving researchers struggling to account for the severity of the heat and what it portends for the unfolding climate crisis. From a report: Last year was the world's hottest in records that stretch back to 1850, according to analyses released concurrently by Nasa and the National Oceanic and Atmospheric Administration (Noaa) on Friday, with a record high in ocean temperatures and a new low in Antarctic sea ice extent. Noaa calculated that last year's global temperature was 1.35C (2.4F) hotter, on average, than the pre-industrial era, which is slightly less than the 1.48C (2.6F) increase that EU scientists, who also found 2023 was the hottest on record, came up with due to slightly different methodologies.

A separate analysis of 2023 released on Friday by Berkeley Earth has the year at 1.54C above pre-industrial times, which is above the 1.5C (2.7F) warming limit that countries have agreed to keep to in order to avoid disastrous global heating impacts. This guardrail will need to be broken on a consistent basis, rather than one year, to be considered fully breached, however. The burning of fossil fuels and deforestation has driven the extraordinary warmth, which follows a string of hotter-than-average years in recent decades. Each decade over the past 40 years has been warmer than the last, Noaa said, with the most recent 10 years all making up the hottest 10 years ever recorded. Last year's record heat was further spurred by El Niño, a periodic climatic event that heats up parts of the Pacific Ocean and heightens global temperatures.

Piracy

Piracy Is Surging Again Because Streaming Execs Ignored The Lessons Of The Past (techdirt.com) 259

Karl Bode, reporting for TechDirt: Back in 2019 we noted how the streaming sector risked driving consumers back to piracy if they didn't heed the lessons of the past. We explored how the rush to raise rates, nickel-and-dime users, implement arbitrary restrictions, and force users toward hunting and pecking their way through a confusing platter of exclusives and availability windows risked driving befuddled users back to piracy. And lo and behold, that's exactly what's happening.

After several decades of kicking and screaming, studio and music execs somewhere around 2010 finally realized they needed to offer users affordable access to easy-to-use online content resources. They finally realized they needed to compete with piracy and focus on consumer satisfaction whether they liked the concept or not. And unsurprisingly, once they learned that lesson piracy began to dramatically decrease. That was until 2021, when piracy rates began to climb slowly upward again in the U.S. and EU. As the Daily Beast notes, users have grown increasingly frustrated at having to hunt and peck through a universe of different, often terrible streaming services just to find a single film or television program.

As every last broadcaster, cable company, broadband provider, and tech company got into streaming they began to lock down "must watch" content behind an ever-shifting number of exclusivity silos, across an ocean of sometimes substandard "me too" services. Initially competition worked, but as the market saturated and the most powerful companies started to silo content, those benefits have been muted. Now users have to hunt and peck between Disney+, Netflix, Starz, Max, Apple+, Acorn, Paramount+, Hulu, Peacock, Amazon Prime, and countless other services in the hopes that a service has the rights to a particular film or program. When you already pay for five different services, you're not keen to sign up to fucking Starz just to watch a single 90s film. And availability is constantly shifting, confusing things further.

Google

Google's Chrome Begins Purging Third-Party Cookies (google.com) 19

"If you have been affected, you will will receive a notification when you open Chrome on either desktop or Android devices," reports Search Engine Land. But they add that "discussions among digital marketers on X indicate that advertisers are still not ready..."

An anonymous reader writes: Google started its campaign to phase out of third-party cookies as announced earlier. At the beginning cookies are turned off for 1% of users, and those lucky ones unlock a "tracking protection" in Chrome settings. In agreement with the UK Competitions and Markets Authority, third-party cookies will be completely removed at the end of this year, a move under tight anti-competition scrutiny also in Brussels. Meanwhile, a technology researcher released their privacy audit of Google's third-party cookie replacement, Privacy Sandbox's Protected Audience API, validating its standing against EU data protection, which may even close the ever-present cookie consent popups disliked universally in Europe.
AI

'A Global Watermarking Standard Could Help Safeguard Elections In the ChatGPT Era' (thehill.com) 104

"To prevent disinformation from eroding democratic values worldwide, the U.S. must establish a global watermarking standard for text-based AI-generated content," writes retired U.S. Army Col. Joe Buccino in an opinion piece for The Hill. While President Biden's October executive order requires watermarking of AI-derived video and imagery, it offers no watermarking requirement for text-based content. "Text-based AI represents the greatest danger to election misinformation, as it can respond in real-time, creating the illusion of a real-time social media exchange," writes Buccino. "Chatbots armed with large language models trained with reams of data represent a catastrophic risk to the integrity of elections and democratic norms."

Joe Buccino is a retired U.S. Army colonel who serves as an A.I. research analyst with the U.S. Department of Defense Defense Innovation Board. He served as U.S. Central Command communications director from 2021 until September 2023. Here's an excerpt from his report: Watermarking text-based AI content involves embedding unique, identifiable information -- a digital signature documenting the AI model used and the generation date -- into the metadata generated text to indicate its artificial origin. Detecting this digital signature requires specialized software, which, when integrated into platforms where AI-generated text is common, enables the automatic identification and flagging of such content. This process gets complicated in instances where AI-generated text is manipulated slightly by the user. For example, a high school student may make minor modifications to a homework essay created through Chat-GPT4. These modifications may drop the digital signature from the document. However, that kind of scenario is not of great concern in the most troubling cases, where chatbots are let loose in massive numbers to accomplish their programmed tasks. Disinformation campaigns require such a large volume of them that it is no longer feasible to modify their output once released.

The U.S. should create a standard digital signature for text, then partner with the EU and China to lead the world in adopting this standard. Once such a global standard is established, the next step will follow -- social media platforms adopting the metadata recognition software and publicly flagging AI-generated text. Social media giants are sure to respond to international pressure on this issue. The call for a global watermarking standard must navigate diverse international perspectives and regulatory frameworks. A global standard for watermarking AI-generated text ahead of 2024's elections is ambitious -- an undertaking that encompasses diplomatic and legislative complexities as well as technical challenges. A foundational step would involve the U.S. publicly accepting and advocating for a standard of marking and detection. This must be followed by a global campaign to raise awareness about the implications of AI-generated disinformation, involving educational initiatives and collaborations with the giant tech companies and social media platforms.

In 2024, generative AI and democratic elections are set to collide. Establishing a global watermarking standard for text-based generative AI content represents a commitment to upholding the integrity of democratic institutions. The U.S. has the opportunity to lead this initiative, setting a precedent for responsible AI use worldwide. The successful implementation of such a standard, coupled with the adoption of detection technologies by social media platforms, would represent a significant stride towards preserving the authenticity and trustworthiness of democratic norms.

Businesses

Apple's $85 Billion-a-Year Services Business Faces Legal Reckoning (ft.com) 150

Apple faces mounting regulatory scrutiny that threatens over $85 billion in annual services revenue. An antitrust trial against Google in the U.S. revealed multi-billion dollar payments to Apple to be the iPhone's default search engine. A plaintiff victory may halt the payments, estimated at one-quarter of Apple's services income. Meanwhile, Apple's App Store dominance draws Biden administration and EU oversight, with the EU enforcing changes. The landmark Google case and actions across Apple's two biggest markets represent growing legal and regulatory headwinds challenging the company's services growth strategy. FT adds: In the EU, Apple is preparing to allow "sideloading," which enables iPhone users to bypass its store and download apps from elsewhere. This will breach, for the first time, the walled-off ecosystem that the company has protected since Steve Jobs unveiled the iPhone in 2007. Apple has dragged its feet on this issue, since it maintains the practice will create security risks to its system.

Sideloading could have an impact on the App Store, where Apple charges developers as much as a 30 per cent fee on digital purchases. Games account for more than half of that revenue. Google's Play Store, which charges a similar fee, is also in the spotlight after it lost a landmark trial against Epic Games in California in December. Apple draws between $6bn and $7bn in commission fees from the App Store globally each quarter, according to Sensor Tower estimates. Competitors are pushing to earn some of that share and launch rival app stores and payment methods on Apple devices. Microsoft is talking to partners about launching its own mobile store.

EU

EU Competition Chief Defends AI Act After Macron's Attack (ft.com) 10

The EU's competition and digital chief has defended the bloc's landmark law on AI, saying the move would create "legal certainty" for tech start-ups building the technology, even as it comes under fire from critics including French President Emmanuel Macron. From a report: Margrethe Vestager told the Financial Times that the EU's proposed AI Act would "not harm innovation and research, but actually enhance it." That is because the legislation, for the first time, provides a clear set of rules for those building so-called foundation models -- the technology that underpins generative AI products such as OpenAI's ChatGPT, which can churn out humanlike text, images and code in seconds.

"[The AI Act] creates predictability and legal certainty in the market when things are put to use," said Vestager, the commission's executive vice-president who oversees competition and the EU's strategy dubbed "Europe fit for the digital age." She added: "If you do foundational models, but also if you want to apply foundational models, you know exactly what you are going to look for once it is put into use. It is important that you do not have any regulatory over-reach, that innovation and research is promoted again." Her defence of the AI Act comes after Macron argued the legislation risks leaving European tech companies lagging behind those based in the US and China.

Android

Beeper's iMessage Connection Software Open Sourced. What Happens Next? (cnet.com) 85

"The iMessage connection software that powers Beeper Mini and Beeper Cloud is now 100% open source," Beeper announced late this week. " Anyone who wants can use it or continue development."

But while Beeper says it's done trying to bring iMessage to Android, CNET reports that the whole battle was "deeply tied" to Apple's ongoing strategy to control the mobile market: The tide seems to be changing, however: Apple said last month it would be opening up its Messages app (likely due to European regulation) to work with the newer, more feature-rich texting protocol called RCS. This hopefully will lead to a more modern and secure messaging experience when texting between an iPhone and an Android phone, and lead away from the aging SMS and MMS standards. Unfortunately, green bubbles will continue to persist even if there might be little to no functional difference. While third-party apps like Nothing Chats attempted and ultimately failed to bring iMessage to Android, Apple will likely never release the app on Google's mobile operating system.

Until RCS is fully adopted, companies are creating services to allow access to iMessage via Android phones. Apple, for its part, has been quick to block apps like Beeper Mini, citing security concerns. This, however, is raising eyebrows from lawmakers regarding competition in the messaging space and Apple's tight control over the market...

Beeper in a December 21 blog post told users to grab a jailbroken iPhone and install a free Beeper tool that'll generate iMessage registration codes to keep the service operational. It's such a roundabout and potentially expensive way of trying to get iMessage on Android that it likely won't be worth it for most people. For those not willing to go out and jailbreak an iPhone, Beeper said in a now-deleted blog post that it would allow people to rent a jailbroken unit for a small monthly fee starting next year.

Social Networks

The Rise and Fall of Usenet (zdnet.com) 130

An anonymous reader quotes a report from ZDNet: Long before Facebook existed, or even before the Internet, there was Usenet. Usenet was the first social network. Now, with Google Groups abandoning Usenet, this oldest of all social networks is doomed to disappear. Some might say it's well past time. As Google declared, "Over the last several years, legitimate activity in text-based Usenet groups has declined significantly because users have moved to more modern technologies and formats such as social media and web-based forums. Much of the content being disseminated via Usenet today is binary (non-text) file sharing, which Google Groups does not support, as well as spam." True, these days, Usenet's content is almost entirely spam, but in its day, Usenet was everything that Twitter and Reddit would become and more.

In 1979, Duke University computer science graduate students Tom Truscott and Jim Ellis conceived of a network of shared messages under various topics. These messages, also known as articles or posts, were submitted to topic categories, which became known as newsgroups. Within those groups, messages were bound together in threads and sub-threads. [...] In 1980, Truscott and Ellis, using the Unix to Unix Copy Protocol (UUCP), hooked up with the University of North Carolina to form the first Usenet nodes. From there, it would rapidly spread over the pre-Internet ARPANet and other early networks. These messages would be stored and retrieved from news servers. These would "peer" to each other so that messages to a newsgroup would be shared from server to server and to user to user so that within hours, your messages would reach the entire networked world. Usenet would evolve its own network protocol, Network News Transfer Protocol (NNTP), to speed the transfer of these messages. Today, the social network Mastodon uses a similar approach with the ActivityPub protocol, while other social networks, such as Threads, are exploring using ActivityPub to connect with Mastodon and the other social networks that support ActivityPub. As the saying goes, everything old is new again.

[...] Usenet was never an organized social network. Each server owner could -- and did -- set its own rules. Mind you, there was some organization to begin with. The first 'mainstream' Usenet groups, comp, misc, news, rec, soc, and sci hierarchies, were widely accepted and disseminated until 1987. Then, faced with a flood of new groups, a new naming plan emerged in what was called the Great Renaming. This led to a lot of disputes and the creation of the talk hierarchy. This and the first six became known as the Big Seven. Then the alt groups emerged as a free speech protest. Afterward, fewer Usenet sites made it possible to access all the newsgroups. Instead, maintainers and users would have to decide which one they'd support. Over the years, Usenet began to decline as discussions were replaced both by spam and flame wars. Group discussions were also overwhelmed by flame wars.
"If, going forward, you want to keep an eye on Usenet -- things could change, miracles can happen -- you'll need to get an account from a Usenet provider," writes ZDNet's Steven Vaughan-Nichols. "I favor Eternal September, which offers free access to the discussion Usenet groups; NewsHosting, $9.99 a month with access to all the Usenet groups; EasyNews, $9.98 a month with fast downloads, and a good search engine; and Eweka, 9.50 Euros a month and EU only servers."

"You'll also need a Usenet client. One popular free one is Mozilla's Thunderbird E-Mail client, which doubles as a Usenet client. EasyNews also offers a client as part of its service. If you're all about downloading files, check out SABnzbd."
EU

EU Targets Pornhub, XVideos, Stripchat Under New Content Rules (reuters.com) 79

The European Union on Wednesday added three adult content companies - Pornhub, Stripchat and XVideos - to its list of firms subject to stringent regulations under new online content rules. From a report: The new rules, known as the Digital Services Act (DSA), require companies to conduct risk management, undergo external and independent auditing, and share data with authorities and researchers. In April, the EU designated five Alphabet subsidiaries, two Meta Platforms units, two Microsoft businesses, X and Alibaba's AliExpress among 19 companies under the rules. Such designated companies will have to do more to tackle disinformation, give more protection and choice to users and ensure stronger protection for children or risk fines of as much as 6% of their global turnover. "Pornhub, Stripchat and XVideos meet the user thresholds to fall under stricter #DSA obligations," the bloc's industry chief Thierry Breton said. "Creating a safer online environment for our children is an enforcement priority under the DSA."
United States

US Lawmakers Warn Biden To Probe EU Targeting of Tech Firms (yahoo.com) 89

A bipartisan group of lawmakers has written to U.S. President Joe Biden, warning European technology regulation are unfairly targeting U.S. companies and not including many Chinese or EU firms, according to a letter seen by Reuters on Monday. From the report: Under the European Union's Digital Markets Act (DMA), five major U.S. tech companies -- Alphabet, Amazon, Apple, Meta and Microsoft -- were designated "gatekeeper" service providers. From March 2024, these companies -- as well as TikTok's Chinese owner ByteDance -- will be required to make their messaging apps work with rivals and let users choose which ones they want pre-installed on their devices.

In a letter seen by Reuters, 21 members of the U.S. House of Representatives warned the new rules could damage American economic and security interests and called on Biden to secure commitments from the EU the rules will be enforced fairly. "Securing our leadership in this sector is imperative for our economy and American workers," the letter said. "The designation of leading U.S. companies as 'gatekeepers' threatens to upend the U.S. economy, diminish our global leadership in the digital sphere, and jeopardize the security of consumers."

The letter questioned why Chinese companies Alibaba, Huawei, and Tencent had avoided designation and why European companies had avoided any scrutiny. "The EU inexplicably failed to designate any European retailers, content-sharing platforms, payment firms, and telcos," it said. Signatories of the letter -- including Representative Lou Correa, a Democrat, and Thomas Massie, a Republican, -- called on Biden to seek assurances from EU lawmakers the DMA will not be unfairly used to target U.S. companies.

Government

Lawmakers Push DOJ To Investigate Apple Following Beeper Shutdowns (theverge.com) 55

Following a tumultuous few weeks for Beeper, which has been trying to provide an iMessage-compatible Android app, a group of US lawmakers are pushing for the DOJ to investigate Apple for "potentially anticompetitive conduct" over its attempts to disable Beeper's services. From a report: Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT) as well as Representatives Jerry Nadler (D-NY) and Ken Buck (R-CO) said in a letter to the DOJ that Beeper's Android messaging app, Beeper Mini, was a threat to Apple's leverage by "creating [a] more competitive mobile applications market, which in turn [creates] a more competitive mobile device market."

In an interview with CBS News on Monday, Beeper CEO Eric Migicovsky and 16-year-old developer James Gill talked about the fight to keep Beeper Mini alive. Migicovsky told CBS News that Beeper is trying to provide a service people want and reiterated his belief that Apple has a monopoly over its iMessage service. The company created Beeper Mini after being contacted by Gill, who said he reverse-engineered the software by "poking at it" using a "real Mac and a real iPhone." [...] The lawmakers' letter also pointed to a Department of Commerce report calling Apple a "gatekeeper," mirroring language used in the EU Digital Markets Act (DMA) that went into force earlier this year, regulating the "core" services of several tech platforms (though, notably, iMessage may not be included in this). They went on to cite Migicovsky's December 2021 Senate Judiciary Committee testimony that "the dominant messaging services would use their position to impose barriers to interoperability" and keep companies like Beeper from offering certain services. "Given Apple's recent actions, that concern appears prescient," they added.

Businesses

Adobe Abandons $20 Billion Acquisition of Figma (theverge.com) 33

Following mounting pressure from regulators in the UK and EU, Adobe and Figma announced on Monday that both companies are mutually terminating their merger agreement, which would have seen Adobe acquire the Figma product design platform for $20 billion. From a report: As a result of the termination, Adobe will be required to pay Figma a reverse termination fee of $1 billion in cash. "Adobe and Figma strongly disagree with the recent regulatory findings, but we believe it is in our respective best interests to move forward independently," said Adobe chair and CEO Shantanu Narayen in a statement. "While Adobe and Figma shared a vision to jointly redefine the future of creativity and productivity, we continue to be well positioned to capitalize on our massive market opportunity and mission to change the world through personalized digital experiences."
Social Networks

Threads Launches In the European Union (macrumors.com) 27

Meta CEO Mark Zuckerberg announced that Threads is now available to users in the European Union. "Today we're opening Threads to more countries in Europe," wrote Zuckerberg in a post on the platform. "Welcome everyone." MacRumors reports: The move comes five months after the social media network launched in most markets around the world, but remained unavailable to EU-based users due to regulatory hurdles. [...] In addition to creating a Threads profile for posting, users in the EU can also simply browse Threads without having an Instagram account, an option likely introduced to comply with legislation surrounding online services.

The expansion into a market of 448 million people should see Threads' user numbers get a decent boost. Meta CEO Mark Zuckerberg said on a company earnings call in October that Threads now has "just under" 100 million monthly users. Since its launch earlier this year it has gained a web app, an ability to search for posts, and a post editing feature.

EU

European Union Lawmakers Agree To New Rules That Bolster Gig Worker Rights (techcrunch.com) 43

An anonymous reader quotes a report from TechCrunch: Some two years of talking about gig worker rights later and European Union lawmakers have finally reached a deal on the final shape of the Platform Worker Directive. [...] The Commission presented its original plan to reform labor laws to boost protections for platform workers back in December 2021, setting out a presumption of employment for workers in a bid to flip the odds on gig economy exploitation. But the proposal proved contentious, with heavy industry lobbying from tech platforms such as Uber pushing for gig workers to be carved out of Europe's employment protections. There were also divisions between Member States over how much worker protection vs platform shielding they were prepared to commit to. But after a final trilogue, lasting more than 12 hours, a provisional agreement has been clinched.

The deal that's been provisionally agreed means a presumption of an employment relationship between a gig worker and a platform will be triggered when two out of a list of five "indicators of control or direction are present," as the parliament's press release puts it. "This list can be expanded by Member States. The presumption can be triggered by the worker, by their representatives, and by the competent authorities on their own initiative. This presumption can be rebutted if the platform proves that the contractual relationship is not an employment relationship," it adds. The agreement also contains transparency provisions that will require platforms to provide information to individuals performing platform work (and to their representatives) about how the algorithms that manage them work; and how their behavior affects decisions taken by automated systems. [...] The provisionally agreed new rules will also ban platforms from taking "certain important decisions," such as dismissals or decisions to suspend an account, without human oversight.

Per the parliament, the agreed text also ensures "more human oversight on the decisions of systems that directly affect the persons performing platform work"; and obliges platforms to "assess the impact of decisions taken or supported by automated monitoring and decision-making systems on working conditions, health and safety and fundamental rights". So conducting data protection impact assessments looks set to be a hard requirement for complying with the new law. Another prohibition that's been agreed is a ban on platforms from processing certain types of personal data of workers, including personal beliefs, private exchanges with colleagues, or when a worker is not at work -- with the Directive billed as beefing up data protection rights for platform workers.

Other provisions in the provisional deal include a requirement for platforms to share information on self-employed workers in their employ with competent national authorities and representatives of those performing platform work, such as trade unions. Measures to prevent platforms from circumventing the rules by using intermediaries has also been agreement -- a practice that's stepped up considerably in Spain since the country introduced its own labor reform, back in 2021, with the aim of forcing platforms to hire delivery workers. Some key details of exactly what's been agreed remain under wraps -- and full visibility and analysis of the ramifications will likely have to wait for a consolidated text to emerge in the coming weeks/months. [...] The final text still needs to be voted on by the Council and Parliament before it can be adopted as pan-EU law. What implementation period has been agreed also isn't yet clear. But today's political deal signals the train has now left the station.

EU

Apple Set to Be Hit by EU Antitrust Order in App Store Fight With Spotify (bloomberg.com) 13

Apple is set to be hit by a ban on its App Store rules that govern music-streaming rivals and a potential hefty fine in the European Union's latest attempt to limit the power of Big Tech. From a report: EU regulators are putting the finishing touches to a decision that would prohibit Apple's practice of blocking music services from pushing their users away from the App Store to alternative subscription options, according to people familiar with the investigation. The decision is slated for early next year, they added. As part of the upcoming decision, Apple runs the risk of a potential fine of as much as 10% of its annual sales -- although EU penalties seldom reach that level and orders for companies to change their business models can be more hard-hitting.

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