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Since on the 26th of March 2019 the EU has voted in favor of Articles 17 (previously known as Article 13) and 11, what should an indie developer who is based in the EU do to setup a game and a website for the game s/he develops?

I'm taking into consideration the following:

  • The developer has a website for the game he publishes.
  • The developer also has an account system on the said website (required by the game for customizability and authentication).
  • The developer sells the game on his/her own website (for 100% profit).
  • The indie developer is funding the game entirely from his/her own money (no investors).
  • The game is fully customizable, i.e. all text, textures, sounds and models can be changed.
  • The marketing is handled only by the game developer. This also takes into consideration the platforms which are available in the EU when these Articles take effect.

I'm curious about this as I'm based in the EU and wish to create a game with a lot of user customizability (to the level that the game's assets are all replaced by custom ones), but I'm unsure of how Articles 17 (upload filter) and 11 (link tax) will affect me. I'm also concerned about how link tax will affect the website, and how marketing is supposed to be done on the EU internet.

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  • \$\begingroup\$ @TomTsagk it sounds like Hyblocker is asking about user-generated content. Hyblocker, can you please clarify whether your game allows players to upload this customized content to your server to display/share with other players? We can't give advice universal to all indie developers, but we can try to solve your specific problem if you describe in more detail how your game functions. \$\endgroup\$
    – DMGregory ♦
    Mar 28, 2019 at 16:33
  • \$\begingroup\$ @TomTsagk I've clarified more in the question. \$\endgroup\$
    – Hyblocker
    Mar 28, 2019 at 16:40
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    \$\begingroup\$ That's a start. Now edit your question to ensure all of that detail is up front, not hidden away in the comment thread. \$\endgroup\$
    – DMGregory ♦
    Mar 28, 2019 at 17:20
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    \$\begingroup\$ By the way: A few days before the voting the whole directive got reordered. The controversial article about upload filters is now article 17. Article 13 is about mediation now. \$\endgroup\$
    – Philipp
    Mar 28, 2019 at 19:26
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    \$\begingroup\$ @Hyblocker, as someone who's not part of the EU it is not clear exactly what regulations these are, nor what it is they ask for that you feel perhaps game developers should possibly deliver to customers. Can you clarify what these measures are, and what it is they ask for that prompts you to ask your specific question? Personally I'm not clear which 11 and 17 you refer to. en.wikipedia.org/wiki/… states for example, "articles 11 and 13 (renumbered 15 and 17[...]).." Are you talking about 15 and 17? Or a new 11? \$\endgroup\$
    – Tim Holt
    Mar 29, 2019 at 22:54

1 Answer 1

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Link Tax means something like this:
For a company to use your content on their website, you must license them, and they must pay an appropriate fee before they can publish some part of your content.

And Upload Filter means something like this:
The Upload Filters are algorithms to prevent copywritten content from being published without the necessary developer permission.

So long as you own everything in the game, you could definitely go through with it without worry. Upload Filter and Link Tax wouldn't affect you publishing your own content because you own it. If changing assets is done on the user-end, that's the user problem in terms of legality, not yours. This seems to comply with the EU laws.

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