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Updated: 11:43 PM Nov 17, 2011
Stop Online Piracy Act: Censorship or Legitimate Copyright Protector?
Countries like China and Iran are known for online censorship. That's where the government decides what you can and can't see on the Internet. Now that same technology could be used here in the United States to shut down websites.
Posted: 10:40 PM Nov 17, 2011Reporter: Meghan Dwyer Email Address: mdwyer@wifr.com |
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UNDATED (WIFR) -- "A regular computer user, all that it might do is cause sites that they use or depend on to disappear," says Adam Lied, an intellectual property attorney in Rockford.
Take YouTube for example. Let's say you want to see a new music video. If just one person posts a video that's copyrighted, the U.S. government could block the entire website.
"By law, Google would have to block that site. It would not even be able to tell you about it," says Fred Cate, Distinguished Professor of law at Indiana University Maurer School of Law and intellectual property expert.
"The concern is that how the legislation is written it's going to squelch first amendment rights," says Lied.
Current law grants immunity to websites. If they take down the content as soon as they discover it's copyrighted, they can't get in trouble.
"These sites do their best to patrol the sites and make sure there's no infringing material on their sites. But they can only do so much," says Lied.
The Stop Online Piracy Act (SOPA) wouldn't give websites a second chance. Even if that means they could lose advertising money and users.
"This is fundamentally a fight between different industries," says Cate.
The entertainment and recording industry wants it to pass. High-tech Internet industries are fighting it...hard.
Cate says he thinks the bill's opposition is gaining ground and isn't likely to pass. The bill's sponsors claim it's not meant to censor political or religious speech, but opponents say that might happen inadvertently because of the sloppy way the bill was drafted.
The intent was to crackdown on foreign websites that pirate copyrighted material in the U.S. The U.S. Chamber of Commerce estimates that American companies lose $135 billion in revenue each year because of online pirating of movies, music, and books.
The bill was debated in the House Wednesday. Sponsors anticipated it would be voted on it this week, but that might be delayed given the stark opposition from Internet giants like Google and Facebook.
Latest Comments
I find it striking how people always talk about the need for "copyright protection". Copyright does not exist for the sake of copyright owners. That's not what copyright is for. Here is a quote from the United States Constitution: "[Congress shall have the power] to promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Under the US Constitution, copyright is to be for the sole purpose of promoting the progress of science and art. Benefits (if any) for copyright owners are just a means toward that. I'm amazed by how copyright has come to be diametrically opposed to it's constitutional purpose. Here's a very good article about this: http://www.gnu.org/philosophy/misinterpreting-copyright.html The question is not whether the law is necessary to prevent copyright infringement but whether it is in the best interest of the public. This law is in the interest of the entertainment industry, not the public. This law, as well as the DMCA and some other laws, are unconstitutional for a simple reason: Under the United States Constitution, copyright must be for the sole purpose of promoting the progress of science and/or art. That is not the purpose of these laws.
Personally, I don't want to see this law go into effect, but I totally understand why it's being considered. Assume you are involved in the movie industry, and you find out that the movie you made, at great expense, is now being ripped and burned off the internet, for free. Should you be happy for the pirates, or should you believe they're stealing from you? Since I have family in the movie business, and know about the millions it costs them for pirating, and how it effects you at the box office out front, and when you buy DVDs, I understand their reasoning. It isn't a law intended for the little incidental and accidental usage of copyright material, it's for the dissemination, and flaunting of American copyright laws mostly in foreign nations. Hey! They're stealing from all of us, since the lost revenue would be taxable income, if legitimately sold. Let's not be blinded by the side issues that aren't germane.
Ok, I do not see how this bill makes séance. First off YouTube has millions of users that have pages, second off, eliminating the site won't do any good either. Take for instance hackers, they know how to circomvent firewalls to access certain sites, what do you do? Arrest them right? Right! Second off, if you eliminate the site period, ur gonna anger a lot of folks, maybe cause for rioters. Third off, if something is copyrighted, either put commercials in front of it, or make them have to upgrade their account to a paid "platinum" level to view said content. But don't eliminate the site completely!!!! If it doesn't contain harmful content, I see no reason for it to be omitted.



