What is SOPA?
How SOPA would affect you?
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.
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.
What is PIPA?
How PROTECT IP Act would affect you?
The PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 or PIPA), also known as Senate Bill 968 or S. 968, is a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb access to “rogue websites dedicated to infringing or counterfeit goods”, especially those registered outside the U.S.
The bill was introduced on May 12, 2011, by Senator Patrick Leahy (D-VT) and 11 bipartisan co-sponsors.
The Congressional Budget Office estimated that implementation of the bill would cost the federal government $47 million through 2016, to cover enforcement costs and the hiring and training of 22 new special agents and 26 support staff.
The Senate Judiciary Committee passed the bill, but Senator Ron Wyden (D-OR) placed a hold on it.
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How PIPA would affect you?
The bill defines infringement as distribution of illegal copies, counterfeit goods, or anti-digital rights management technology. Infringement exists if “facts or circumstances suggest [the site] is used, primarily as a means for engaging in, enabling, or facilitating the activities described.”
The bill says that it does not alter existing substantive trademark or copyright law.
The bill provides for “enhancing enforcement against rogue websites operated and registered overseas” and authorizes the United States Department of Justice to seek a court order in rem against websites dedicated to infringing activities, if through due diligence, an individual owner or operator cannot be located.
The bill requires the Attorney General to serve notice to the defendant.
Once the court issues an order, it could be served on financial transaction providers, Internet advertising services, Internet service providers, and information location tools to require them to stop financial transactions with the rogue site and remove links to it.
The term “information location tool” is borrowed from the Digital Millennium Copyright Act and is understood to refer to search engines but could cover other sites that link to content.
The Protect IP Act says that an “information location tool shall take technically feasible and reasonable measures, as expeditiously as possible, to remove or disable access to the Internet site associated with the domain name set forth in the order”. In addition, it must delete all hyperlinks to the offending “Internet site”.Source:PROTECT IP Act of 2011, S. 968, 112th Cong. § 3(d)(2)(D); “Text of S. 968,” Govtrack.us. May 26, 2011. Retrieved June 23, 2011. Bill Text – Protect IP Act
Nonauthoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be “dedicated to infringing activities.”The website could still be reached by its IP address, but links or users that used the website’s domain name would not reach it. Search engines—such as Google—would be ordered to “(i) remove or disable access to the Internet site associated with the domain name set forth in the [court] order; or (ii) not serve a hypertext link to such Internet site.”
What people are saying about about SOPA and PIPA?
Members of Congress are trying to do the right thing by going after pirates and counterfeiters but SOPA and PIPA are the wrong way to do it.
1. SOPA and PIPA would censor the Web
The U.S. http://youtu.be/Qcbg29Q0DhAgovernment could order the blocking of sites using methods similar to those employed by China. Among other things, search engines could be forced to delete entire websites from their search results. That’s why 41 human rights organizations and 110 prominent law professors have expressed grave concerns about the bills.
2. SOPA and PIPA would be job-killers because they would create a new era of uncertainty for American business
Law-abiding U.S. internet companies would have to monitor everything users link to or upload or face the risk of time-consuming litigation. That’s why AOL, EBay, Facebook, Google, LinkedIn, Mozilla, Twitter, Yahoo and Zynga wrote a letter to Congress saying these bills “pose a serious risk to our industry’s continued track record of innovation and job-creation.” It’s also why 55 of America’s most successful venture capitalists expressed concern that PIPA “would stifle investment in Internet services, throttle innovation, and hurt American competitiveness”. More than 204 entrepreneurs told Congress that PIPA and SOPA would “hurt economic growth and chill innovation”.
3. SOPA and PIPA wouldn’t stop piracy
When I found out Fight for the Future needed help with their campaign against a new bill called PROTECT-IP, I had to take a little time away from Everything is a Remix Part 4 and produce the video above. PROTECT-IP is the latest piece of legislation aiming to chip away at your online rights in the name of protecting the entertainment industry’s business model. It’s legislation that won’t work, will give us yet more lawsuits, and will make the net worse.
Whether you lean right and hate business regulation, lean left and hate censorship, or lean neither way but hate useless legislation, PROTECT-IP is a bill everyone should oppose. I encourage you to head over to Fight For the Future and contact congress.
Call your Senators today.
The Internet is a thriving ecosystem that powers our economy and our society. PIPA and SOPA threaten the web.
- DoctorSolve Thanks Customers But Encourages Vigilance After SOPA/PIPA Defeat (prweb.com)
- Thanks to Customers, SOPA Defeated but Online Pharmacies Canada Remains Vigilant (prweb.com)