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Author Topic:   SOPA/PIPA and 'Intellectual Property'
Rahvin
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Posts: 4039
Joined: 07-01-2005
Member Rating: 8.2


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Message 22 of 303 (649104)
01-20-2012 1:42 PM


The largest issue with SOPA/PIPA
...has nothing at all to do with intellectual property. Whether a person disagrees or agrees with the MPAA or RIAA or Anonymous regarding copyright, SOPA/PIPA are bad legislation. They were written by people who have no idea how the internet actually works, and these laws would almost certainly result in major interruptions for internet communication and commerce on a global scale while doing next to nothing against a copyright violator.
You can literally force the top-level DNS servers to de-list an entire provider (which can host many thousands of sites) within 6 days for a single item on a single site which only may constitute infringement. It doesn't even have to be a legitimate claim.
I can, for instance, file papers to the court (any court, the laws don't specify which, so I can choose one that's really, really busy and won't even look at the claim for months) and to the host, network provider, domain registrar, or top-level DNS service asserting that Fox News illegally used copyrighted material (whether the claim is true or false). Within 6 days, before the courts even check to see if I filled out the paperwork correctly, Fox News (and potentially the entire network subnet that hosts them, which can include thousands of other sites not related to Fox) would be taken down, completely inaccessible until the court examines the filing (possibly months later) and determines it to lack merit. I can do this to any site. All I have to do is find some copyrighted content or just a link to copyrighted content that may or may not have used with permission on any site Fox owns.
The takedowns are global in effect, regardless of the laws of other nations.
The result will be a fragmentation of the internet, as other nations isolate their own DNS servers from the US. Among other things.
Very few things pose a real existential threat to the internet, which was designed as a network capable of surviving a nuclear attack...but SOPA and PIPA pose exactly that. This is the equivalent of giving the police the authority to lock up an entire city if a single individual allegedly breaks a law, before any sort of trial. It's not about copyright, it's about badly worded legislation that bypasses due process and would unnecessarily damage free speech on top of providing an easy avenue for economic destruction.
If these laws pass, Anonymous could (and likely would, in protest) create an economic disruption that would finish what the 2008 Great Recession started...and it wouldn't even be illegal.
And of course there are still no actual penalties for the copyright violators. Websites get taken down...but nobody goes to jail, nobody gets a trial. I could post a thousand songs and movies on a site, and my site could get taken down, and I could be back up and running on a different IP and different provider with a different domain name with a few hundred bucks and a few hours of time, while Amazon.com and every site they host (only a few hundred thousand domains) gets shut down for my infringement, I don't get fined or sued or arrested.
SOPA and PIPA both fail, utterly and completely, to accomplish even their stated goals, and are so wrought with potential for abuse that they create a real and immanent threat to the internet as a global communications medium, and therefore a threat to global economic security.
This is an excellent description in mostly plain language of how these asinine laws function, and why any representative who supports them should be tarred, feathered, and run out of town.

The human understanding when it has once adopted an opinion (either as being the received opinion or as being agreeable to itself) draws all things else to support and agree with it.
- Francis Bacon
"There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs." - John Rogers

Replies to this message:
 Message 28 by NoNukes, posted 01-21-2012 12:20 PM Rahvin has not replied
 Message 29 by NoNukes, posted 01-21-2012 12:20 PM Rahvin has not replied

  
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