> In particular I see no preventing publication, and the rightholder has to actively take part to indicate/identify the matter.
Sorry, that's inaccurate.
The rightholder has to provide the service provider with a list of content and the service provider has to prevent anything on the list from becoming available. How do you propose to do this except by filtering content before publication? As soon as something that is infringing is published, the service provider is on the hook. So either you filter or you're in violation.
As a proposal of a proportional way to do the same without opening the door to active censorship, there could be a content identification system that identifies content to the rightholder on upload, and then allows them to file a takedown request. This solves the problem of automated blocking of misidentified uploads, and leaves room for fair use by the mechanisms of existing takedown claim and counter-claim processes. But that's not what the law requires - it requires preventing availability.
But I see no mention of lists, much less preventive lists. Yup, this is one of the possible mechanisms, but nowhere do I see it mandated as THE mechanism. For me it's business as usual just that now I fingerprint all files and maybe have a cron job for reuploads. I don't even see myself having to be accurate, just take care. I'm liable if negligent.
The most unfortunate thing I find about this is that's just a broad directive for each of the member states to implement its own way. But that's a general argument about every EU regulation.
The mention of lists is from Voss's blog post, where he says that the rightholders will provide inputs to the filters, and the filters will filter only what the rightsholders told them to filter (which is a problematic statement in itself, but I'll take it at face value because eh if the author of the law doesn't know what he's talking about I don't know where to start)
Sorry, that's inaccurate.
The rightholder has to provide the service provider with a list of content and the service provider has to prevent anything on the list from becoming available. How do you propose to do this except by filtering content before publication? As soon as something that is infringing is published, the service provider is on the hook. So either you filter or you're in violation.
As a proposal of a proportional way to do the same without opening the door to active censorship, there could be a content identification system that identifies content to the rightholder on upload, and then allows them to file a takedown request. This solves the problem of automated blocking of misidentified uploads, and leaves room for fair use by the mechanisms of existing takedown claim and counter-claim processes. But that's not what the law requires - it requires preventing availability.