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Great Overview of the Problems with SOPA by Cory Doctorow

Sci-fi author Cory Doctorow has a great summary of the problems with the hideous, evil Stop Online Piracy Act, aka SOPA, in a column on Publisher’s Weekly:

Copyrights vs. Human Rights
By Cory Doctorow
Dec 02, 2011

December 10 is Human Rights Day, as designated by the U.N. General Assembly and observed all over the world. In honor of the occasion, I want to address the human rights implications associated with something central to all of us in the publishing industry: copyright policy.

For human rights, 2011 has been a tumultuous year. It is the year of the Arab Spring and the “Occupy” movements. It’s also been a year of atrocities

and shameful exercices of power, from Tahrir Square, Syria, and Libya to UC Davis, Berkeley, and the Brooklyn Bridge. It is also the year that saw the introduction of SOPA (the Stop Online Piracy Act), a bill recently introduced by representatives Lamar Smith (R-Tex.); John Conyers (D-Mich.); Bob Goodlatte (R-Va.); and Howard Berman (D-Calif.).

SOPA has the support of the American Association of Publishers, along with many of its member companies, including my own publishers. And despite an outpouring of public opposition, the bill is being fast-tracked to pass before Christmas. For a Congress that can’t seem to come together to pass anything, passage of SOPA seems entirely possible. The list of those invited to testify at the bill’s recent hearing comprised, almost entirely, supporters, mostly representatives from the so-called “creative industries,” like the Motion Picture Association of America.

SOPA’s opponents, however, call the bill “the worst Internet law in American legislative history,” and it has drawn condemnation from human rights organizations across the U.S. and around the world.

If the fights of 2011 have shown us anything, it’s that the Internet and the quest for human rights are inextricably linked. The Internet is where human rights fights are rescued from obscurity and brought to the world’s attention—whether Ustreams of Occupy protestors being forcibly evicted, Lt. John Pike’s pepper-spraying of students at UC Davis, or YouTube footage of Tahrir Square or the Syrian protests. Yet even as America’s leaders chastise their foreign counterparts for censoring the Internet, with SOPA they are laying the groundwork for an expansive, copyright-based regime of domestic censorship.

Censorship

What’s wrong with SOPA? For starters, SOPA would create a new standard for “intermediary liability,” in other words, liability borne by companies and entities that are in the chain between someone accused of violating copyright and the audiences, such as Web hosts, payment processors, and operators of technical infrastructure, like the Domain Name System. Under SOPA, these intermediaries could be ordered to censor or block access to, and funding for, any site accused of copyright infringement, without due process, without a jury or the right to rebut accusations.

Such orders would emanate from the State Department, which would be vested with new power to demand Web sites be delisted from domain name servers, the millions of servers that translate human readable addresses (like www.thepiratebay.org) into machine-readable numerical ones like 194.71.107.15). It could also demand that payment processors cut off access to funds for these sites and demand that advertisers and ad brokers sever ties with the accused. And finally, these addresses would be added to a new national “firewall”—similar to the ones used in Saudi Arabia, Iran, and China—a filter that would censor the Internet and prevent American citizens from accessing files that no court has found to be unlawful.

But SOPA doesn’t just arrogate these unconstitutional powers for government—it hands them over to entertainment giants. Through a misleadingly named “market-based” system, SOPA would allow private entities to produce enemies lists of sites that offend them, and to give these lists to DNS providers, ISPs, payment processors, and ad brokers, who would then be required to remove the accused sites within five days. It also encourages payment processors to engage in self-censorship, by pre-emptively severing ties with firms they believe are likely to cause a complaint, before any such complaint is received.

As bad as this is, it gets worse: SOPA would also expand the definition of copyright infringement to include hosting a single link to a site that is alleged to contain infringing material. Thus, if an author’s blog, or a book discussion group, attracts a single post that contains a single link that goes to a site that someone accuses of copyright infringement, that site becomes one with the alleged infringer, and faces all the same sanctions—without any proof required, or due process.

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Related: my post Internet Access as a Human Right.

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Great infographic explaining the hideous, evil Stop Online Piracy Act, aka SOPA, linked in a post at The Sociable.

h/t Denise Howell @ TWiL 146.

Other charts and graphics at Intellectual Property Charts, Graphs, Graphics, Diagrams.

Behind SOPA: What It Means for Business and Innovation
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Updated: KOL172 | “Rethinking Intellectual Property: History, Theory, and Economics: Lecture 1: History and Law” (Mises Academy, 2011)

From my Libertarian Standard post:

In late 2010 I taught my first Mises Academy course, “Rethinking Intellectual Property: History, Theory, and Economics.” (Discussed on the Mises Blog in Study with Kinsella Online; Lecture 1.) I reprised the course in Spring 2011: “Rethinking Intellectual Property: History, Theory, and Economics.” (Discussed in Rethinking IP; and on the Mises Blog in Study with Kinsella Online and in Rethinking Intellectual Property: Kinsella’s Mises Academy Online Course. See also “Rethinking IP,” Mises Daily (Feb. 10, 2011).)

This was a 6-week course, which provided an overview of current intellectual property law and the history and origins of IP. (In Teaching an Online Mises Academy Course, I offer my reflections on teaching the Rethinking IP class the first time.) Here is some feedback provided by past students of this course:

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Jeff Tucker talks about SOPA on Russia Today’s Capital Account. Around 21:45 he is asked about whether there should be at least a modicum of intellectual property. “No,” is his crystal clear answer. Great interview.

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Daft Idea Of The Week: Giving People Copyright In Their Faces

from Glyn Moody at Techdirt: Daft Idea Of The Week: Giving People Copyright In Their Faces. Yet another in a long line in the attempt to expand IP to new areas. Others, as I note in Types of Intellectual Property, include:

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GoDaddy Faces boycott over SOPA support

GoDaddy Faces boycott over SOPA support

Update: under pressure, GoDaddy drops its support for SOPA!

See also Masnick, Breaking: GoDaddy Drops SOPA Support.

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Fun with SOPA Acronyms

Regarding the evil Stop Online Piracy Act, or SOPA, one guy suggests it stands for the Silence Opposition Permanently Act.

And some are saying the Firefox add-on “DeSopa” as “DNS Evasion to Stop Oppressive Policy in America.”

This is reminiscent of attempt to find alternative names for IP, such as “Intellectual Pooperty,” “Intellectual Poverty,” “Imaginary Property,” “Innovation Privileges,” “Intellectual Prohibition,” etc. And one guy, Adrian Johns, recently referred to the IP lawyers and other vested IP interests as the “Intellectual-Property Defense Industry.”

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Update: See more posts on Internet freedom.

Stefan Molyneux interviewed me yesterday for his Freedomain Radio program about the evil Stop Online Piracy Act, or SOPA. We discussed the First Amendment violations of and other problems with SOPA.

Podcast at KOL127.

p.s. it’s cool to turn the “snowflakes” feature in Youtube on.

[TLS]

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Louis CK’s “experiment” has gotten lots of attention.1 It’s a good rebuttal to people who insist that without copyright you will be “unable to sell” books, music, movies, etc. What they mean to say is that you face more competition if you can’t use the state to stop your competitors, so it’s more difficult to sell. But it’s not impossible to sell.

Louis C.K. explains on his site that he made about $1M in just 12 days, by offering to sell his latest comedy show, DRM free, for $5 (I bought a copy too):

Another statement from Louis C.K. (December 21, 2011)

 

PayPal at $1m!hi. So it’s been about 12 days since the thing started and yesterday we hit the crazy number. One million dollars. That’s a lot of money. Really too much money. I’ve never had a million dollars all of a sudden. and since we’re all sharing this experience and since it’s really your money, I wanted to let you know what I’m doing with it. People are paying attention to what’s going on with this thing. So I guess I want to set an example of what you can do if you all of a sudden have a million dollars that people just gave to you directly because you told jokes.So I’m breaking the million into four pieces.the first 250k is going to pay back what the special cost to produce and the website to build. [continue reading…]
  1. See my previous post Wake up, media moguls: Louis C.K. no-DRM video makes $200K; also Mike Masnick’s posts Louis CK’s ‘Experiment’ Brings In 110k Sales, $550k Gross, Over $200k Net… In Four Days; Louis CK: Connecting With Fans & Giving Them A Reason To Buy By Being Polite, Awesome & Human. Update: see also Masnick’s post Louis CK: Over $1 Million In Sales In Just 12 Days For DRM-Free Download. []
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Artist Resale Royalties: Do They Help or Hurt?

from Freakonomics:

Artist Resale Royalties: Do They Help or Hurt?


12/22/2011 | 12:04 pm

In America, it’s sometime said, all big trends start in California. That’s true for great things like hot tubs, the iPod, and Pinkberry.  It’s also true for bad things, like tax revolts, Pinkberry, and . . . artist resale royalties.

Artist resale royalties?  In a previous post, we explained how California’s law guaranteeing artists 5 percent of the profits from any later sale of their artwork has some unintended consequences. The California law helps the tiny fraction of artists fortunate enough to have their work appreciate significantly in value.  But it does nothing for the 99% of artists whose work has little enduring commercial value.  Not only does it not help them, it probably hurts them.

How? Because if buyers know that they have to pay the artist a share of any profits from later sales, they are likely to pay less in the initial transaction.

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h/t Doug Stuart

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SOPA is unconstitutional

According to legal scholars, like Laurence Tribe, and Mark Lemley, David S. Levine, and David G. Post, the evil Stop Online Piracy Act, or SOPA, violates the First Amendment by imposing prior restraint, chilling free speech, etc. Every Congresscritter who votes for this blatantly unconstitutional law is violating his obligation to uphold the Constitution and should be impeached.

And a good argument could be made that copyright itself violates the First Amendment.

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Great example of how technology can be used to fight police statism: Firefox add-on DeSopa circumvents internet blacklisting if SOPA becomes law.

The House and Senate’s respective anti-online piracy bills, SOPA and PIPA, have stirred controversy over internet censorship. Firefox now has an add-on, DeSopa, that circumvents the bill’s DNS blocking.

DeSopa, created by developer T Rizk, is a simple Firefox extension that allows internet users to revert to using a site’s IP (internet protocol) address, thereby bypassing DNS blockades of foreign websites such as The Pirate Bay. At the Firefox DeSopa download page, the add-on is described as such, “DNS Evasion to Stop Oppressive Policy in America.”

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Story here.

Reuters reported the New York man was sentenced to one year in federal prison for piracy.

On Monday, Sanchez admitted to illegally uploading an unfinished copy of X-Men Origins: Wolverine, which he said he bought on the streets of Bronx, on the Internet.

According to the Hollywood Reporter, U.S. District Judge Margaret Morrow called Sanchez’s actions “extremely serious.”

U.S. Attorney Andre Birotte, Jr. reflected Morrow’s disdain in his own statement.

“The federal prison sentence handed down in this case sends a strong message of deterrence to would-be Internet pirates. The Justice Department will pursue and prosecute persons who seek to steal the intellectual property of this nation,” he said.

… “Although Fox was able to get defendant’s Wolverine workprint removed from his Megaupload account within approximately one day, by then, the damage was done and the film had proliferated like wildfire throughout the Internet, resulting in up to millions of infringements,” prosecutors said in court documents.

Fortunately, it didn’t seem to affect the movie’s profits much. Wolverine ended up making $373 million worldwide.”

See also Mike Masnick: Guy Who Uploaded Early Version Of Wolverine, Which Appears Not To Have Hurt Movie At All, Gets 1 Year In Jail

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New ‘Firewall’ song protests SOPA copyright bill

As reported on CNET (see excerpt below), here is a great new music video protesting the evil Stop Online Piracy Act, or SOPA:

See also New Anti-SOPA Song & Crowdsourced Video From Dan Bull

From CNET:

 

New ‘Firewall’ song protests SOPA copyright bill (Q&A)

by

 

Obama Girl songwriter Leah Kauffman says if Obama signs SOPA or Protect IP, it would break her heart.Obama Girl songwriter Leah Kauffman says if Obama signs SOPA or Protect IP, it would break her heart.

(Credit: Leah Kauffman)

The songwriter behind the 2007 Internet hit “I Got a Crush on Obama” is now taking aim at the Stop Online Piracy Act.

Leah Kauffman, a Philadelphia-based singer and songwriter, has released “Firewall” to protest the Hollywood-backed copyright bill, which a House of Representatives committee had been scheduled to debate tomorrow. Earlier today, the committee debate was postponed until 2012.

In addition, Dan Bull, a U.K. singer, has released “SOPA Cabana,” a none-too-flattering rap taking aim against SOPA. (SOPA can “ban” you–get it?)

Opposition from the two musicians is notable because the Recording Industry Association of America has been one of the leading supporters of SOPA and a Senate version called Protect IP.

The RIAA has highlighted opposition from allied groups including the American Federation of Musicians and National Music Publishers Association. And Eagles songwriter Don Henley published an op-ed in August, before SOPA was introduced, calling on Congress to enact Protect IP, which is probably less controversial.

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