Jan 18, 2012

SOPA – Stop Online Piracy Act

Posted by Wendy Weber

If you don’t know what it is – and I’m ashamed to say I didn’t – it is an anti-piracy bill making its way through Congress. It aims to crack down on copyright infringement by restricting access to sites that host or facilitate the trading of pirated content.

Wikipedia is the biggest name among the approximately 10,000 websites that pledged to go dark today in a broad Internet protest of the SOPA and PIPA (Protect IP Act) online anti-piracy bills.

This explanation of the issue is taken directly from Wikipedia:

“The Stop Online Piracy Act (SOPA), also known as House Bill 3261 or H.R. 3261, is a bill that was introduced in the United States House of Representatives on October 26, 2011, by House Judiciary Committee Chair Representative Lamar S. Smith (R-TX) and a bipartisan group of 12 initial co-sponsors. The bill, if made law, would expand the ability of U.S. law enforcement and copyright holders to fight online trafficking in copyrighted intellectual property and counterfeit goods.Presented to the House Judiciary Committee, it builds on the similar PRO-IP Act of 2008 and the corresponding Senate bill, the PROTECT IP Act.

The originally proposed bill would allow the U.S. Department of Justice, as well as copyright holders, to seek court orders against websites accused of enabling or facilitating copyright infringement. Depending on who makes the request, the court order could include barring online advertising networks and payment facilitators from doing business with the allegedly infringing website, barring search engines from linking to such sites, and requiring Internet service providers to block access to such sites. The bill would make unauthorized streaming of copyrighted content a crime, with a maximum penalty of five years in prison for ten such infringements within six months. The bill also gives immunity to Internet services that voluntarily take action against websites dedicated to infringement, while making liable for damages any copyright holder who knowingly misrepresents that a website is dedicated to infringement.

Proponents of the bill say it protects the intellectual property market and corresponding industry, jobs and revenue, and is necessary to bolster enforcement of copyright laws, especially against foreign websites. They cite examples such as Google’s $500 million settlement with the Department of Justice for its role in a scheme to target U.S. consumers with ads to illegally import prescription drugs from Canadian pharmacies.

Opponents say that it violates the First Amendment, is Internet censorship, will cripple the Internet, and will threaten whistle-blowing and other free speech actions.Opponents have initiated a number of protest actions, including petition drives, boycotts of companies that support the legislation, and planned service blackouts by English Wikipedia and major Internet companies scheduled to coincide with the next Congressional hearing on the matter.

The House Judiciary Committee held hearings on November 16 and December 15, 2011. The Committee was scheduled to continue debate in January 2012,but on January 17 Chairman Smith said that “[d]ue to the Republican and Democratic retreats taking place over the next two weeks, markup of the Stop Online Piracy Act is expected to resume in February.””

At issue is the concept that SOPA provides the ability of intellectual property owners (such as movie studios and record labels) to have substantial control – some feel too much power – in order to protect their interests. For example, if Paramount Pictures says that a website is infringing on their copyrighted work, the studio could demand that Google remove that site from its search results, that PayPal no longer accept payments to or from that site, that ad services pull all ads and finances from it. On top of that, SOPA could allow that the site’s ISP prevent people from even going there.

Content creators have battled against piracy for years, but it’s hard for U.S. companies to take action against foreign sites.

I will follow this issue with interest.


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