So this HN post would not be illegal because of the link, but maybe because of the title that was "stolen" from the publisher. The aim is at news.google.com and other search engines and news aggregators that include a blurb coming from the article along the link. To be honest, it is not yet clear if they intend for the title to be taxed or not.
All the comments quoting content would be taxable, though.
Like this one.
Not quite. My previous comment linked to another comment. I don't believe that would be covered by this copyright proposal.
What would be covered would be a HN user posting a link to an EU publication, my reading it, and then quoting from a portion of it. The simplest fix appears to be banning linking to EU publications.
What counts as a EU publication? The author residing in the EU? Someone with a special “publisher” license? The author possessing EU citizenship? EU readership? .eu domain name? The domain registrar? The physical servers of the web hosting service? The backup service? What about those that use cloud services who have their physical infrastructure spread out wherever? And various combinations of the above…
Lastly, how would checking any of these be implemented by the software that’s supposed to be scanning for content that could possibly be in violation?