I think this result was the correct one, but not for the reason a lot of frothing loonies who are trenchantly narrow-minded in their opinion do. I come down somewhere between both sides in this.
And yes, we all know that an Orlowski article is largely an excuse for him to grind his axe.* But he has made some good points in his articles about this.
The intent behind the laws are good. The two articles in particular make sense. Greater protection should be given to content creators, rather than the huge platforms that sponge of the output of others to draw people in then slurp&sell their data on.
Likewise, publishers host content they've paid people to create and deserve to be reimbursed by companies that link to their material. If they're prepared to take money from advertisers for linking to material that nobody is interested in seeing, then they should put their hand in their pockets to pay for the content gets eyeballs focused on the pages they whore to advertisers. Otherwise it's just techno slave-labour.
I think the articles could do with re-writing, tweaking to ensure that the end result matches the intent behind them. It shouldn't come down to an automated takedown service because we all know they don't work, are easily gamed by large companies who can afford to automate their takedown requests, and requires people who mostly can't afford the automation to manually appeal after the fact. That's fucking backwards. And before the protests start, I'm well aware that Facebook/Google/Twitter, et al, can't afford to hire enough humans to deal with all the content that gets uploaded to their platforms.
I'm just very firmly of the opinion: Fuck them.
It's their responsibility to ensure that their business operates within the limits of the law, not the law's responsibility to adapt itself to the fact that they can scale out content upload easier than they can content vetting. If they can't afford to do that then they either need to throttle their upload speeds or get into another line of business.
If I ran, for instance, an off license, and had an automated facial recognition system to determine if I was selling alcohol to a minor, I'm pretty fucking sure the licensing authorities wouldn't accept that as a valid defence in court. Even if I told them I have a billion customers an hour and the error rate is only 1%.
I do get fucking hacked off with the bullshit being spouted by both sides though. Google fighting against copyright enhancement and pretending they're doing it for the content creators is fucking sickening. As is the music industry and their puppets doing the same. Content creators get screwed by both sides, hard and dry, and always have done.
Both sides are fighting for their own pockets, the actual content creators are being tugged like a ragdoll between them. I just hope the people drafting this law can tighten the laws up enough to make them stick and fuck both the media industries and tech goliaths at once and force them to pay creators a reasonable amount for their work. Not just let them pillage it while claiming the moral high-ground.
The would be a fucking result.
*To be honest, I'm pretty sure the head has disintegrated by this point, and the haft has been whittled down to a toothpick.