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You're citing the European Parliament language; the current ongoing trilogue negotiation is between this and the original council text. The SME exemption is seen as a controversial addition by some of the Council negotiators, and may go away or be watered down.

The current proposed Presidency compromise text has been leaked, and you can read it here: https://www.politico.eu/wp-content/uploads/2018/11/SPOLITICO... , pg 22 onwards. (The EU Presidency is seen as the independent negotiator in the discussions.)

A couple of things to note -- this "compromise" text moves Article 13 into being a blanket liability, which means that intermediaries can be sued unless they get prior authorisation from all rightsholders. Given that anyone is a rightsholder for their own material, that seems... unlikely. The only conceivable alternative under the rest of the proposal is some sort of copyright filter — but even then, it has to be effectively perfect, so that's potentially not enough.

The other point is to note that under this language, being an SME is one of seven factors that may or may not make you liable; thus injecting even more uncertainty into whether you will be liable for the actions of your users.

(Disclosure: I work at EFF, and have been tracking this for some time.)




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