Serious Question about Sopa and Pipa
13 years ago
Who here has read the entire bill? Because I have and I was completely unable to find the sentence about censoring the net. So if one of you could enlighten me as to the age number, section and sentence that would be very helpful.
What this bill does is it protects people such as artists from sights that take their work and post it as their own. It also gives them the power to seek legal action if the site happens to be based in another country.
Also look at it this way. If this one dose not pass some other one will. So either way one will be passed.
Also with FA being against this bill. How are you the artists covered for the international laws regarding this stuff?
In the long run its people that have no idea as to what they are talking about. Read and educate yourself before opening your mouth.
What this bill does is it protects people such as artists from sights that take their work and post it as their own. It also gives them the power to seek legal action if the site happens to be based in another country.
Also look at it this way. If this one dose not pass some other one will. So either way one will be passed.
Also with FA being against this bill. How are you the artists covered for the international laws regarding this stuff?
In the long run its people that have no idea as to what they are talking about. Read and educate yourself before opening your mouth.
they will applicating it on any US websites (including FA) if to much illegacy in they will block everything and as FA got alot of illegal stuffs or from illegal stuffs
we will be shot down
Also, even if you post something that is your original content, anyone, and I mean ANYONE, could come along, claim that you're violating their copyright and your page/picture/whatever would be taken down without giving you the chance to prove that it's original and by you.
Plus, though many probably haven't thought of this, if things start going that way, then those of us who are web designers will find it harder and harder to find work for companies will start to fear that no matter what, their site will be taken down with no notice.
See, SOPA is worded dangerously enough to allow it to be used for censorship and other nefarious practices. The language of SOPA gives anyone the authority to issue a takedown notice against anyone else WITHOUT burden of proof. SOPA can be used to maliciously shut down sites in the spirit of censorship and anti-competition, with very little risk to any corporate entity guilty of acting maliciously.
The process described by the bill is "Serve Notice -> Punish", not "Serve Notice -> Ensure Validity of Notice -> Punish". The bill is an open door for anyone to say, "That site stole my content. Shut it down NOW."
Sec. 103(b)(4)(A) lists all of the requirements for forming a takedown notice. A plaintiff merely has to submit a statement that (i) bears a signature, (ii) identifies the infringing site, (iii) claims injury, (iv) blames a U.S. company for linking to the infringing site, (v) identifies the owner of the infringing site, (vii) "swears" that the statement itself is not a lie, and (viii) blames someone in the U.S. for being secretly in charge of the infringing site.
One might be quick to point out that (vii) carries the penalty of perjury. The problem is, nowhere in SOPA is there a requirement that the statement must be argued in a court and proven valid before action is taken against a site. The plaintiff just forms a complaint and boom, the "infringing site" is taken down. There's no process by which a court reviews the request, so there's never a point between "request takedown" and "serve takedown" where the issue of perjury can be raised. This is the giant, gaping hole in the bill that opens it up to abuse. Even if the issue of perjury does end up in court, a giant corporation will just set someone up to take the fall. No harm done to whoever was ACTUALLY behind the wrongful takedown notice.
There should be a section between Sec. 103(b)(4)(A) (the takedown notice) and Sec. 102©(2) (the actions to be taken after a notice is served) that requires proof of damages to an IP holder. There should language that says, "The plaintiff must PROVE in a COURT OF LAW that damages have been incurred BEFORE the takedown notice can be served." There is, however, no such language. There is only a meager placation effort in the form of Sec. 103(b)(6) that says "If a defendant has been wronged, he can sue for damages." That doesn't do the defendant much good if he lacks the means to sue, especially if he's spent several years in jail as a result of the frivolous charge against him. Furthermore, that lawsuit can only take place AFTER the site has been shut down, any jail time served, and all other damage is done.
Imagine being able to go to the cops and tell them, "My neighbor stole my TV," and the cops immediately bust down your neighbor's door, arrest him, and give his TV to you. No warrant needed. No court review of the charges. You just file a frivolous charge against your neighbor and get immediate gratification. If he wants his TV back, he can wait until he gets out of jail and then sue you, assuming he can afford a lawyer after X number of years behind bars.
That's what SOPA appears to allow, except applied in an Internet context. It's instant gratification for IP theft claims that side-steps any real burden of proof.
That is my interpretation of SOPA after reading it in its entirety. Roughly the same treatment can be applied to PIPA.
There are better ways to address piracy. I'm liking what I've seen of the OPEN Act. Anyway, I'm not sure why I felt the need to rebut someone who champions the mindset of "Might as well not fight it, 'cause sooner or later you're going to lose", but with any luck I might have given you a new perspective on the protest against SOPA and PIPA. At the very least, I hope you'll stop telling people they don't know what they're talking about. That's egregiously arrogant.