Does lawful access under the Slovenian TDM exceptions also include content that is freely available online?
To answer that question, I submitted a complaint to the European Commission in June 2024 alleging that the Republic of Slovenia had not properly implement the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (hereinafter: the CDSM Directive). The complaint argued that Articles 57.a and 57.b of the Slovenian Copyright and Related Rights Act (hereinafter: ZASP), which regulate the exceptions for text and data mining (hereinafter: TDM exceptions), fail to explicitly provide that the notion of “lawful access” includes content that is freely available online. The European Commission did not initiate infringement proceedings against Slovenia, reasoning that although the Slovenian implementation does not explicitly mention freely available online content as part of the notion of lawful access, it also does not expressly exclude it. Consequently, it may be interpreted that freely available online content forms part of lawful access under the TDM exceptions in ZASP.
In 2013, I wrote how crowdsourcing could help break out of the language bubble we all find ourselves in when we search online. How our search results only come from the language we write our search keywords in. But since then, machine translation between languages has greatly improved. So why are we still in our language bubbles?
There are some rays of hope. Google is reportedly able to return you results from other languages when there are no good hits in your primary language. I have to say, though, that I have never experienced this. Maybe because I usually search in English. I would guess that when you search in smaller languages, you sometimes get English results added.
But I want the opposite. I want to see ideas and thoughts and solutions that might be available in other languages, the languages I do not speak, when I search in English. I want diversity. I think all the pieces to build this are available. Why is this not already available? Am I overlooking any obstacle to this?
When searching in English you are reaching only English content on the web. But we could crowdsource search in other languages to native speakers. Where is crowdsearching when you need it?