SOPA. We've all heard tidbits, banter and online discussions about the new bill. Some ask what it really means for the online community. To put it lightly, it's the end of online expression as we know it. Ok, maybe I'm being a bit rash...overzealous perhaps, but it could affect any entrepreneur that utilizes the internet as a communication medium.
I'll explain: SOPA, which stands for the Stop Online Piracy Act, was
introduced October 26th of last year. The bill would grant the ability
for intellectual property owners (like movie studios and record labels)
to remove foreign sites they have a copyright claim against. To put
this in perspective, lets say a new film is being torrented in
Amsterdam. The studio would then be able to demand that Google remove
it from their search, remove Paypal payments from that site and any ads
would be consequently removed as well. It would even block consumers
from visiting the site. This aspect is understandable. However, as
Brian Barrett on Gizmodo explains:
"Perhaps the most galling thing about SOPA in its original construction
is that it let IP owners take these actions without a single court
appearance or judicial sign-off. All it required was a single letter
claiming a "good faith belief" that the target site has infringed on its
content. Once Google or PayPal or whoever received the quarantine
notice, they would have five days to either abide or to challenge the
claim in court. Rights holders still have the power to request that kind
of blockade, but in the most recent version of the bill the five day
window has softened, and companies now would need the court's
permission."
Payment processors or content providers like Visa or YouTube don't even need a letter shut off a site's resources. The bill's "vigilante" provision
gives broad immunity to any provider who proactively shutters sites it
considers to be infringers. Which means the MPAA just needs to publicize
one list of infringing sites to get those sites blacklisted from the
internet.
Potential for abuse is rampant. As Public Knowledge points out,
Google could easily take it upon itself to delist every viral video
site on the internet with a "good faith belief" that they're hosting
copyrighted material. Leaving YouTube as the only major video portal.
Comcast (an ISP) owns NBC (a content provider). Think they might have an
interest in shuttering some rival domains? Under SOPA, they can do it
without even asking for permission."
Resources for this type of policing would be VERY difficult for start-up
companies. SOPA would censor EVERY online outlet you have while
preventing new ones from emerging. This is scary for the avid blogger
or photographer. Why? Because it doesn't just affect off-shore torrent
sites. If the government decides ANY part of your site infringes on
copyright and proves it in court. You're done. All of your creativity
destroyed in one fell swoop. The most ridiculous part is that the US
already has the MPAA and RIAA to govern infringing online material. How
many times have you seen the "video removed" image on YouTube?
Overall, the bill is confusing and messy. Even the White House has sided with the online masses. Google, Reddit, Craigslist, Amazon...and countless other online retailers and sites have claimed the bill is ridiculous. As a matter of fact, visit Google's home page right now to see how they're protesting. We've gotta stop this bill, by any means.
SOPA article by Brian Barrett in detail: http://gizmodo.com/5877000/what-is-sopa
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