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Forum Post: SOPA and PIPA Fully Alive – And a New Bill Joins Them

Posted 2 years ago on Jan. 24, 2012, 10:26 a.m. EST by BannedForTruth (233) from Christiana, TN
This content is user submitted and not an official statement

Heather Callaghan

Link to story with hyperlinks: http://www.activistpost.com/2012/01/sopa-and-pipa-fully-alive-and-new-bill.html

Many of us breathed a sigh of relief when an overwhelming amount of Americans banned together and voiced their opposition to Congress over both the Stop Online Piracy Act, and Protect Intellectual Property Act.

Sites that dimmed the screen for a day or two have gone back to normal – Facebook users have swapped their anti-SOPA images for their previous profile pictures.

We may have even believed that the postponement of the vote originally scheduled for January 24th was some sort of white flag of capitulation. But that is certainly not the MO of most lawmakers.

While the outcry did get the attention of Congress, they are simply returning unflinchingly back to the drawing board to wait out our attention spans. Articles whirled that SOPA was dead and the bill was pulled when the bill’s sponsor Lamar Smith said in a statement that there would be no further action “until there is wider agreement on a solution.”

Lamar isn’t really listening. “It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products.”

Actually, SOPA is set to be reformulated in February. PIPA will be revisited with possible amendments in the coming weeks. Case in point, all is still open and possible — nothing is dead, pulled, or cancelled. If that wasn’t enough to keep us on our toes, a new, similar bill has surfaced.

Déjà Vu in the form of OPEN — The New Anti-Piracy Bill

As an alternative to SOPA-PIPA, Representative Darrell Issa (CA-R), and 24 co-sponsors introduced the Online Protection and Enforcement of Digital Trade (OPEN) H.R. 3782 on Wednesday, during the Internet blackout.

From PCWorld:

"OPEN would give oversight to the International Trade Commission (ITC) instead of the Justice Department, focuses on foreign-based websites, includes an appeals process, and would apply only to websites that “willfully” promote copyright violation."

The bill pretends to only target foreign websites, while keeping Americans free to surf and post, but the bill’s wording is wide open to pursue American sites. Just one example: when describing an infringing site, it starts with those “that are accessed through a non-domestic domain name,” but continues in section (8)(A)(ii) for any site that “conducts business directed to residents of the United States.”

It sounds like, “in general,” copyright holders will be the ones filing complaints to the Commission, but the writing leaves it open for any complainant to file. The ITC would still have the ability to coerce payment processors and ad networks to cease funding and linking the accused in question. Who could determine “willful” infringement?

Also, none of these bills had been decided before the U.S. Government took down New Zealand owned Megaupload.com during the commotion. To which, Anonymous responded by shutting down the websites of the U.S. Department of Justice, Universal Music, Recording Industry Association of America, the U.S. Copyright Office, Broadcast Music Inc. and the Motion Picture Association of America.

“The [DOJ's] action ‘demonstrates why we don’t need SOPA in the first place,’ points out PCWorld’s Tony Bradley.” The government was enforcing a previous anti-piracy law called PRO-IPsigned by Bush in 2008.

OPEN is gaining support from groups like Google, Facebook, LinkedIn, Twitter, Consumer Electronics Association and more.

While it seems admirable that the bill is transparent and open for public comment, most laws of this nature are broad and allow for bigger, no-common sense crackdowns later. Plus, there might only be a couple concessions and the pacifying effects of “being heard.”

One commenter of the bill aptly noted:

" ‘Reasonable belief’ and ‘credible evidence’ are too vague and have the appearance of inviting highly subjective interpretation with the option for the commission and/or the provider to exercise sweeping powers with impunity."

Whenever any group is appeased after a battle, it cannot be emphasized enough — the lawmakers’ modus operandi will be: aim high, brace for the outcry, make a couple alterations and sneak the bill back in when no one’s looking. Keep it going and going. Call it by a different name. Haggle. It appears there is compromise and reasoning now, but once the bill passes into law, reason goes out the window, and we are the only ones compromised.

Theft is a reality — although not one that has seriously damaged the growing entertainment industry, or caused massive death and devastation. If Hollywood, pitching the biggest fit, were actually going down, why should we go down with it?

It is more unfortunate that Americans must be so tirelessly vigilant to protect their online activities from the same lawmakers who are tanking the country in so many other truly devastating ways.

The dismantling of Internet freedom will not stop here. Let’s borrow an MO and not let up.

To SOPA — Say NOPA!

To PIPA — Pipe down!

To OPEN — Shut it!

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20 Comments

20 Comments


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[-] 1 points by Listof40 (233) 2 years ago

Some of this legislation is way over the line...

Let's look at a couple reasons stuff like this gets proposed...

There is something called intellectual property (ip)... the idea is to protect the 'ideas' of those who invent things... this also includes like music, or art works, films, books, stories, poetry, etc...

So let's say someone makes a movie, the revenue gets split up by actors getting paid, directors, theatres, stores, rental places, etc all generally get revenue...

However, the real reality is that this process is essentially greatly manipulated by financial opportunists trying to milk these industries using all types of questionable tactics, to greatly disadvantage many of the artists, authors, filmmakers through distribution monopolies and other strong-arm positioning advantages...

This is a reflection of an economic culture where economic predatory and harmful practices are undertaken to extract as much revenue to those with advantages over those industries... this is done on the government level too...

Technically, this has really almost nothing to do with 'free market' or capitalism.. this is about ethical corruption on very very broad scales... And the problem is we don't often discuss these types of things, in terms of public dialog, until something 'bad' happens that could effect us...

So now this bill will mostly advantage various questionable interest and not so much the real artists or authors, simply because of the slanted state of how the revenue streams are controlled... 

So we should really try to have some clear discussion in general about what kind of financial, and government, manipulations of our freedoms and industries are ethical or not... because if we don't understand specifically whe the ethics break down, we end up with these 'greed is good' arguments that are very weak, being left unchecked... which is definitely not good...

Dave

[-] 1 points by BannedForTruth (233) from Christiana, TN 2 years ago

Not to mention the fair use issues. People can use others material if it is to analysis or make a point but many are getting shutdown for copy right issues. Effectively making it so you can't use documented proof to make analysis.

[-] 1 points by Listof40 (233) 2 years ago

Yes that is a real problem... If the fundamental abuses within the industries are not addressed, then these enforcement strategies can become draconian or used inappropriately by the distribution and controlling interests that often abuse the industries and creators of content...

Most social dynamics, like economies and industries, are often intentionally made complicated in order to manipulate those areas from positions of advantage...

Unless these types of abusive influences are addressed then these questionable bills can be used by those advantaged influences to obstruct fair use and individual freedom... there is a also "predatory greed and manipulation is good" mindset that can start to happen when the issues are only looked at simplistically...

I agree that there are serious concerns with these types of legislations...

[-] 1 points by Nevada1 (4495) 2 years ago

Hi Banned, Thank you for post. Best Regards, Nevada

[-] 1 points by debndan (1145) 2 years ago

This is why every congressperson needs voted out. They just can't help themselves.

[-] 1 points by BannedForTruth (233) from Christiana, TN 2 years ago

or at least most of them.

[-] 1 points by debndan (1145) 2 years ago

yeah, true... I should amend to most repub congressmen and a few dems as well

[-] 2 points by BannedForTruth (233) from Christiana, TN 2 years ago

It is like no one on this site likes to discuss real issues like this.

[-] 1 points by BannedForTruth (233) from Christiana, TN 2 years ago

Sorry to burst your bubble debndan. I will now refer you to the ultimate traitor list.

Senate vote: http://www.govtrack.us/congress/vote.xpd?vote=s2011-218

Yay (D)48 (R)44 (I)1

Nay (D)3 (R)3 (I)1

In the House of representatives though i would agree. http://www.govtrack.us/congress/vote.xpd?vote=h2011-375

[-] 1 points by TheirLyingPropaganda (54) 2 years ago

Well, Dodd and his fellow 'copyright advocates' [imho lobbyists] and their paid for Congress Members need to 'earn' their keep [like a robber baron earns a living] ... SARCASM

[-] 1 points by BannedForTruth (233) from Christiana, TN 2 years ago

Das fuhrer does not like free speech it exposes dark people.

[-] 0 points by skylar (-441) 2 years ago

obama needs to control the internet, he needs to make sure what "information " you get and don't get.

[-] 1 points by Listof40 (233) 2 years ago

Of course there are other people attached to this legislation... this is a systemic issue, there has also been a lot of 'power grabs' in the name of 'fighting terrorism' as well... Do you think this was specifically sponsored by Obama?

[-] 0 points by skylar (-441) 2 years ago

by obama 's owners.

[-] 0 points by BannedForTruth (233) from Christiana, TN 2 years ago

Obama, Bush just more NWO puppets. The left and right establishment hold hands for control of power..

[-] 0 points by Renaye (522) 2 years ago

Has Anonymous announced their knowledge and denonced this yet. If not, then you gotta wonder why. They must have known about it. I can't help but wonder about Anonymous' hand in all of this. It is actions like theirs that the government is using to justify the exact actions like the crackdown on the internet, that Anonymous is supposedly protesting against. They are in fact helping to usher in censorship. I think the people that have joined the Anonymous group are very well meaning, but I question the original top members' motives. It doesn't take much to start a fake movement, especially if the original members have the backing of people like Soros to make sure they strategically get msm airtime...not too much so as to give it away, but just enough to garner attention and build the uprising that the elites can then use to crack down on protesters. Hmmmmm....

[-] 1 points by BannedForTruth (233) from Christiana, TN 2 years ago

Yes anonymous is causing a backlash but it should not. People need to realize fascism wont cause crime to go away, it will just cover it up. Also anonymous should not be considered criminals all they do is expose corruption.

[-] -1 points by wallstreetbosses (-7) 2 years ago

wall street rules. get a job losers

[-] -1 points by BannedForTruth (233) from Christiana, TN 2 years ago

Only if we let them.

[-] -2 points by uncensored (104) 2 years ago

Who in their right mind would hire an OWS supporter? Not me!