Discussion: Online Piracy, Net Neutrality, Killswitch, and Other Internet Issues

[Megarob]

I'd be shocked if it ever passes let alone get to the problem of actual enforcement. If by some stretch of the imagination it does pass it'll be struck down in the judicial system pretty quickly. There are way too many problems that arise in terms of privacy and interstate commerce for something like this to be constitutional.

Agreed!

 

[enterthemadness]

Well, let's hope more major sites besides Reddit & Mozilla go dark on Wed.

 

[chamber-music]

Murdoch gone lost his mind on Twitter and had a rant I see.

 

[enterthemadness]

Murdoch gone lost his mind on Twitter and had a rant I see.

Yeah, then tech community schooled him.

 

[bell110]

This war on piracy is like the war on drugs. It's unwinnable and trying to win it will hurt more than just adapting to it. People will find a way around the laws, and it will be the law abiding sites that have to suffer for this legislation.

 

[Heretic]

While this is a very serious issue, most of the criticism I've seen is just falling for a red herring...

This bill will NOT shut down Youtube or anything like that. It may cause some stricter rules of posting, but for the most part the major sites will be left alone.

However, let's say that there is a website that "angers" the establishment...for the sake of discussion I'll say Wikileaks. That site will be deemed a violation. Also...lets say something that is bothersome...like say the conspiracy news site Infowars that has stories about the TSA, the NDAA bill and government corruption...I can see an FBI agent going on that site's forum, posting a link to an illegal download, and then using that post as an excuse to block the site from being viewed.

Also, when it comes to corporations...lets take iTunes for example. The major labels HATE that unsigned acts can put their music on iTunes. I can see the major labels pressuring iTunes to not carry any independent acts because "you never know if they have stolen their music...let US be the filter!"...as a way of protecting their monopoly of the industry.

 

[CelticPredator]

Stricter use for something that's already pretty strict? No thanks.

 

[Master Chief]

This bill will NOT shut down Youtube or anything like that. It may cause some stricter rules of posting, but for the most part the major sites will be left alone.

Major sites will be affected and that's why everybody's throwing a fit. The site won't be shut down, but the entire site will be blocked if a company claims there's something on it that's copyrighted. SOPA is a straight up joke that looks like it was designed to fail anyway so I couldn't care less.

 

[wiegeabo]

Well, SOPA is effectively dead now.

Rep Cantor out of Virginia has stopped all action on it.

http://www.examiner.com/computers-in-denver/house-kills-sopa


It's nice when the people actually get off their asses and force the government to do what we want. You know, like how it's supposed to be.

 

[craigdbfan]

We have Google to thanks for really getting the ball rolling on killing this stupid thing. Nobody ****s with Google.

PIPA lives on though.

 

[wiegeabo]

For now...

 

[roach]

http://www.hollywoodreporter.com/thr-esq/piracy-SOPA-obama-hollywood-282286

On Wednesday, to protest President Barack Obama’s decision to withhold unilateral support for a new anti-piracy law, Hollywood has decided to suspend all film productions for a day. In addition, the major TV networks have announced plans to axe all shows that might be critical favorites with small, fervent fan bases, but haven’t mustered enough ratings to make a sizeable profit.


Of course, none of the above is really happening. For innovative forms of protest, look elsewhere.
Instead, Hollywood is taking the derailment of major new intellectual property laws in stride, stressing the positives – “We welcome the Administration's clear statement that legislation is needed to stop foreign based thieves…” – and probably ignoring its own failings.

What happened? Putting aside the merits of the legislation for a moment, how does an industry that is supposed to earn its bread in churning out compelling messages lose a PR war? How does an industry that’s rife with creative individuals appear so stodgy in arguing for reform? And maybe most of all – how is it that the entertainment and media sectors, which have long been some of the strongest advocates of free speech in the nation, get painted as being the enemy of the First Amendment?
For the past year, the entertainment industry relied on its old playbook and clearly underestimated its opponents. Here are a few of the errors from Hollywood in its pursuit of stronger laws combating piracy:

Mistake #1 --Much of the legislation was negotiated behind closed doors.
The film industry has long maintained a pretty strong lobbying force. This is a blessing as well as a curse.
There might have been doubts that an esoteric issue like intellectual property would ever muster public interest or outrage, but when you believe in a cause, you don’t act like Haliburton or Exxon.

By the time Congress took up debate on the issues, the legislation had the stink of being crafted in backrooms. Even if Hollywood is right on the need for more protections, the privately negotiated “Stop Online Piracy Act” entered the public sphere just at the moment that corporate influence has become a toxic issue among the American population.

Mistake #2 – The legislation has been defended on broad generalities and dubious statistics.
The battle over piracy legislation is often dumbed down to be a battle between Hollywood and Silicon Valley over the need to protect content versus technological innovation.
Hollywood seems to have accepted the way this debate has been framed.

As those in the tech sector point to all the great websites that have popped up in recent years – Facebook, Twitter, YouTube, etc. – Hollywood has pinned its defense of anti-piracy laws on the need to protect jobs. As critics of the legislation pick apart potential statutory obligations that would create burdens and threaten the workings of these websites, Hollywood has avoided debating opponents on the merits of the proposed laws, instead trying in vain to showcase research about the number of jobs threatened by the prevalence of piracy.
Making an argument on jobs might seem like a winning political one in a tough economic climate. But increasingly, the tech sector is seen as the engine of economic growth in this nation. Hollywood’s estimates of piracy’s economic damage have been picked apart by observers, but more importantly, arguing about the economic sufferings of one industry sector rings hollow as another industry sector thrives. It’s like arguing against the use of robotics in manufacturing because it takes away American jobs on the assembly line. Maybe true, but preservation of the way an old industry used to work is not a very compelling reason for legislation. Meanwhile…

Mistake #3: Hollywood has ceded the high ground on being an innovator and defender of speech.
If anybody in Hollywood really believes they aren’t losing the PR war, check out this column from Slate’s Matthew Yglesias. He writes:
“For the economy as a whole, I've never seen any compelling evidence that online piracy is in fact a real problem. If it was a real problem, you would expect the problem to manifest itself in the form of consumers with cash in their pockets finding themselves unable to find songs to listen to or films or TV shows to watch.”

No doubt, many in entertainment will shrug this off this statement as being wrong on its face. But that would ignore the reality that in the heads of many like-minded individuals, the issue of piracy has suddenly become a zero-sum equation: If films and TV shows are still being created, there’s really no problem. Nothing to see here. Move on.
Hollywood has contributed to this sentiment with overreaching statements about piracy obliterating the creative industry. And to be sure, the tech industry deserves some scorn as well for their own overreactions that intellectual property laws mean the wholesale blacking out of speech and progress.
This isn’t the only way to have a big, open conversation about laws. There are already laws on the books that crack down on piracy and aim to preserve free speech.

The legislation and enforcement are far from perfect. Both sides would agree on that.
It’s also true that piracy -- or pricing pressures on content – also influences the quality of speech in the marketplace, what kinds of content gain investment from publishers and studios, and the decisions that emerging artists or authors make when forging their nascent careers. Right now, few people are talking about that.

 

[craigdbfan]

No, SOPA Is Not Dead Yet

Earlier today, a blogger reported that House Majority Leader Eric Cantor announced he was stopping all movement on SOPA (the Stop Online Piracy Act). This would effectively kill the controversial bill, which many high-profile techies say would result in the kind of censorship seen in China, Malaysia, and Iran.

We contacted the congressman's office, and they pointed us to a story about representative Darrell Issa, the chairman of the House Oversight Committee, who said on Saturday "Majority Leader Cantor has assured me that we will continue to work to address outstanding concerns and work to build consensus prior to any anti-piracy legislation coming before the House for a vote."


Cantor himself has not issued an official statement. So yes, this week's vote on the bill has been postponed. But "work to build consensus" means it could come back in some other form.

Dammit. Will this thing die already.

 

[Lord Valumart]

So, this thing is basically like shooting someone for quoting a song in the street, but for the internet?

And no one who created this can see how stupid this is?

 

[Anti-Moderator]

I signed the position on the White House's website against this a few weeks back an received this response a few day ago......




Combating Online Piracy while Protecting an Open and Innovative Internet

By Victoria Espinel, Aneesh Chopra, and Howard Schmidt

Thanks for taking the time to sign this petition. Both your words and actions illustrate the importance of maintaining an open and democratic Internet.

Right now, Congress is debating a few pieces of legislation concerning the very real issue of online piracy, including the Stop Online Piracy Act (SOPA), the Protect Intellectual Property Act (PIPA) and the Online Protection and Digital ENforcement Act (OPEN). We want to take this opportunity to tell you what the Administration will support—and what we will not support. Any effective legislation should reflect a wide range of stakeholders, including everyone from content creators to the engineers that build and maintain the infrastructure of the Internet.

While we believe that online piracy by foreign websites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet.

Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small. Across the globe, the openness of the Internet is increasingly central to innovation in business, government, and society and it must be protected. To minimize this risk, new legislation must be narrowly targeted only at sites beyond the reach of current U.S. law, cover activity clearly prohibited under existing U.S. laws, and be effectively tailored, with strong due process and focused on criminal activity. Any provision covering Internet intermediaries such as online advertising networks, payment processors, or search engines must be transparent and designed to prevent overly broad private rights of action that could encourage unjustified litigation that could discourage startup businesses and innovative firms from growing.

We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet. Proposed laws must not tamper with the technical architecture of the Internet through manipulation of the Domain Name System (DNS), a foundation of Internet security. Our analysis of the DNS filtering provisions in some proposed legislation suggests that they pose a real risk to cybersecurity and yet leave contraband goods and services accessible online. We must avoid legislation that drives users to dangerous, unreliable DNS servers and puts next-generation security policies, such as the deployment of DNSSEC, at risk.

Let us be clear—online piracy is a real problem that harms the American economy, threatens jobs for significant numbers of middle class workers and hurts some of our nation's most creative and innovative companies and entrepreneurs. It harms everyone from struggling artists to production crews, and from startup social media companies to large movie studios. While we are strongly committed to the vigorous enforcement of intellectual property rights, existing tools are not strong enough to root out the worst online pirates beyond our borders. That is why the Administration calls on all sides to work together to pass sound legislation this year that provides prosecutors and rights holders new legal tools to combat online piracy originating beyond U.S. borders while staying true to the principles outlined above in this response. We should never let criminals hide behind a hollow embrace of legitimate American values.

This is not just a matter for legislation. We expect and encourage all private parties, including both content creators and Internet platform providers working together, to adopt voluntary measures and best practices to reduce online piracy.

So, rather than just look at how legislation can be stopped, ask yourself: Where do we go from here? Don’t limit your opinion to what’s the wrong thing to do, ask yourself what’s right. Already, many of members of Congress are asking for public input around the issue. We are paying close attention to those opportunities, as well as to public input to the Administration. The organizer of this petition and a random sample of the signers will be invited to a conference call to discuss this issue further with Administration officials and soon after that, we will host an online event to get more input and answer your questions. Details on that will follow in the coming days.

Washington needs to hear your best ideas about how to clamp down on rogue websites and other criminals who make money off the creative efforts of American artists and rights holders. We should all be committed to working with all interested constituencies to develop new legal tools to protect global intellectual property rights without jeopardizing the openness of the Internet. Our hope is that you will bring enthusiasm and know-how to this important challenge.

Moving forward, we will continue to work with Congress on a bipartisan basis on legislation that provides new tools needed in the global fight against piracy and counterfeiting, while vigorously defending an open Internet based on the values of free expression, privacy, security and innovation. Again, thank you for taking the time to participate in this important process. We hope you’ll continue to be part of it.

Victoria Espinel is Intellectual Property Enforcement Coordinator at Office of Management and Budget

Aneesh Chopra is the U.S. Chief Technology Officer and Assistant to the President and Associate Director for Technology at the Office of Science and Technology Policy

Howard Schmidt is Special Assistant to the President and Cybersecurity Coordinator for National Security Staff

Check out this response on We the People.

 

[Donut]

The reason why they are doing this doing this is because of the potential value it will help bring Obama for his second term for Presidency. This is just way for them to look good and let the heat cool down. Once the majority has forgotten about this bill they will re release it but just under a different name.

 

[craigdbfan]

With any other legislation I'd agree but this is threatening Google along with some other huge Internet companies.

Doesn't matter where they try to sneak it in because Google will bring it to everyone's attention.

This is one battle congress/White House (I'm including them because they're a bunch of hypocrites they'd sign the bill if it were up to them) won't win.

 

[wiegeabo]

I know Google's motto is "Don't be evil" but I've heard a lot of people wishing Google would be a little evil and invest in some lobbyists

 

[Heretic]

Major sites will be affected and that's why everybody's throwing a fit. The site won't be shut down, but the entire site will be blocked if a company claims there's something on it that's copyrighted. SOPA is a straight up joke that looks like it was designed to fail anyway so I couldn't care less.

My point is that there is no intention of blocking major sites. The real danger of SOPA is not the concept of having to leave Facebook, which won't happen...its the very real threat of having information that the government doesn't want you to know blocked. Every website could have a guillotine over it's head...post something negative about the government, and get chopped.

 

[TheVileOne]

LOL @ Hollywood no moral high ground at all anymore after the wide support of this bill.

Alright Sony and Jeffrey Katzenberg. Put your money where your mouth is. Stop fundraising for Obama now that his administration has come out against this bill.

 

[Master Chief]

I signed the position on the White House's website against this a few weeks back an received this response a few day ago......

<snip>

Heh, they're acting like nobody pays for anything anymore. As they always do.

My point is that there is no intention of blocking major sites. The real danger of SOPA is not the concept of having to leave Facebook, which won't happen...its the very real threat of having information that the government doesn't want you to know blocked. Every website could have a guillotine over it's head...post something negative about the government, and get chopped.

That sounds way too extravagant to me but alright.

 

[bell110]

http://www.hollywoodreporter.com/thr-esq/piracy-SOPA-obama-hollywood-282286

What happened? Putting aside the merits of the legislation for a moment, how does an industry that is supposed to earn its bread in churning out compelling messages lose a PR war? How does an industry that’s rife with creative individuals appear so stodgy in arguing for reform? And maybe most of all – how is it that the entertainment and media sectors, which have long been some of the strongest advocates of free speech in the nation, get painted as being the enemy of the First Amendment?
For the past year, the entertainment industry relied on its old playbook and clearly underestimated its opponents. Here are a few of the errors from Hollywood in its pursuit of stronger laws combating piracy.

What happened is this is about money. Piracy suppossedly cuts into Hollywood's bottom line, so free speech be damned. It's long been known that Hollywood is less about filmmaking as an art form and more about filmmaking as being a cash cow.

 

[roach]

What happened is this is about money. Piracy suppossedly cuts into Hollywood's bottom line, so free speech be damned. It's long been known that Hollywood is less about filmmaking as an art form and more about filmmaking as being a cash cow.

Lets not pretend the internet companies aren't fighting this over the money they could lose. This isn't about freedom of speech. Its about two groups of people fighting over money.

 

[wiegeabo]

Why do the two have to be mutually exclusive?

It destroys the ability to make money when your site is unfairly shut down.

And it violates your first amendment rights when your fair use video is taken down (even if there is no money to be made).

 

[bell110]

No doubt Google is thinking about money as well. I'm just pointing out the questions that link asked.