Tuesday, December 20, 2011

My thoughts on SOPA

In my views of the SOPA debate, there has been a lot of information about this bill.  I have learned so much about piracy, I sometimes wonder why I never wanted to be a lawyer.  As I looked into the Digital Millennium Copyright Act, I learned how the law making process favors the larger companies.  Viacom has the advantage of taking down any song it wants, believing the internet is similar to TV.  I have seen the amount of money given to CEOs of these multimillion dollar companies while they say that piracy prevents progress.  In the fights against piracy, I have had a number of people continuously find a new target for their venom.  Sometimes the target is a rogue website.  Sometimes, it’s an accusation that people want everything for free, not understanding the difference of digital and tangible goods.  Over ten years of research and study, with the books of Lawrence Lessig, the influential writings of Mike Masnick at Techdirt, the European touch of Enigmax at Torrentfreak, the outstanding and sweeping commentary of Codewarrior at Dmusic, and even the quotations of Terry Hart in the last few years at Copyhype.

I came to my own conclusions as I read the research documents and studied the papers showing the truth about piracy.  Fighting piracy has always been the losing side of the battle.  The fight to stop someone from copying a song or preventing sharing has always been a losing battle.  By no means does this mean I am not against SOPA.  I full heartedly despise the legislation that has truly embroiled the entire world in a fight for an un-splintered internet.  However, I have to recognize exactly what this legislation is supposed to do and how effective that mission is.

Will anyone actually look at this desperate attempt at controlling the internet in a positive light?  Just a small look at the people that oppose people is no laughing matter.  100 First Amendment lawyers say it is a disaster.  83 Engineers have signed a letter stating this is not a wise move.  Small time artists and independents have stated they do not want these strong censoring powers.  Gamers have gone on record criticizing the bill.   Human rights groups have criticized the bill by exposing them.  The list continues to go on that the entire public does not want nor need this bill.  And yet it is only two industries and a group of legacy supporters of copyright that continue to push for this bill.

Of course, those that understand the bill know that it’s unconstitutional on a number of grounds.  It will cost the US $10 million to enforce copyright.  As we speak, the enforcement angle brings on prior restraint, censorship, and the hypocrisy of the United States in supporting internet freedom while censoring others.
As the debate continues this Wednesday, rest assured, the public understand that our politicians are bought.  Rest assured that the problem of piracy has been greatly exaggerated by those willing to attack new platforms for artists.  The Pirate Bay has existed for 10 years.  Yet all sales of media have continued to increase.  In other countries, the filesharing has continued despite the increased laws to punish infringement.  And yet, those that continuously try to impose the punishments are also the same people causing the harms.  Surely, piracy will continue to serve the market.  Clearly, enforcement will always cause more harm than good.  But to suggest that it can be stopped with a government initiative when all signs are showing otherwise is a fool’s errand.

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