Tuesday, January 17, 2012

SOPA is a Joke: I'm Embarrassed that a Republican is Pushing This Mess

Well if you don't know what SOPA is then this is the best primer that I have read.

The beating heart of SOPA is the ability of intellectual property owners (read: movie studios and record labels) to effectively pull the plug on foreign sites against whom they have a copyright claim. If Warner Bros., for example, says that a site in Italy is torrenting a copy of The Dark Knight, the studio could demand that Google remove that site from its search results, that PayPal no longer accept payments to or from that site, that ad services pull all ads and finances from it, and—most dangerously—that the site's ISP prevent people from even going there.

This sounds bad so far but it is all done without due-process:

Perhaps the most galling thing about SOPA is that it lets IP owners take these actions without a single court appearance or judicial sign-off. All it takes is a single letter claiming a "good faith belief" that its target site has infringed on its content. Once Google or PayPal or whoever receives the quarantine notice, they have five days to either abide or to challenge the claim in court.

I think this part will make the bill unconstitutional even if it does pass. The idea that there is no due process with the infringer will kill this thing dead with the Roberts Supreme Court. But it shouldn't get this far because SOPA in this form will be the death of the Internet as we know it.

It will strait-up kill the next Facebook or LOLcats with worthless lawsuits. It will cause billions in damage to one of the only truly growing and innovative parts of our economy. The only people that will make out are the bloated content creators who need to innovate or perish and the trial lawyers.

The idea that this blog could get taken down by Google just because I put up a picture of a Coke can without the express written permission of Coca-Cola is so un-American that it isn't even funny. I mean Google would have no choice and I wouldn't even have a chance to appeal their decision. The more I read about SOPA the more I'm convinced it was taken verbatim from an old Soviet Politboro document.

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