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OK could you point to anything that outlines actual criteria for classification because the language you included from Article 13 in your comment is not restrictive in any manner.



Original text [1], changed by amendments [2]. Relevant definition:

Amendment 150, Proposal for a directive, Article 2 – paragraph 1 – point 4b (new):

> 'online content sharing service provider' means a provider of an information society service one of the main purposes of which is to store and give access to the public to a significant amount of copyright protected works or other protected subject-matter uploaded by its users, which the service optimises and promotes for profit making purposes. Microenterprises and small-sized enterprises within the meaning of Title I of the Annex to Commission Recommendation 2003/361/EC and services acting in a non-commercial purpose capacity such as online encyclopaedia, and providers of online services where the content is uploaded with the authorisation of all right holders concerned, such as educational or scientific repositories, shall not be considered online content sharing service providers within the meaning of this Directive. Providers of cloud services for individual use which do not provide direct access to the public, open source software developing platforms, and online market places whose main activity is online retail of physical goods, should not be considered online content sharing service providers within the meaning of this Directive;

[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A... [2] http://www.europarl.europa.eu/sides/getDoc.do?type=TA&langua...




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