Forum - View topicNEWS: U.S. Congress Puts SOPA/PIPA Copyright Bills on Hold
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dtm42
Posts: 14084 Location: currently stalking my waifu |
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It's the old Chinese proverb again: "May you live in interesting times." |
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luffypirate
 Posts: 3186 |
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Yes, my friend. Interesting times indeed! |
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shokenchi
Posts: 5 |
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china already ban bittorrent but you would call that violation of free speech, etc. |
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Kikaioh
 Posts: 1205 Location: Antarctica |
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I think you might be misunderstanding how due process factors into the picture, and how SOPA works. First in regards to due process, SOPA does in fact require that sufficient evidence of a crime has been committed be presented for judicial review. The problem is that SOPA is pre-adversarial --- a decision can be reached before the defense can argue their case. 1st Amendment precedent has traditionally ruled that rights-infringing speech can't be removed from circulation until the accused has had their day in court. It seems strange that the bill doesn't account for this, but I think it may have to do with the fact that SOPA specifically targets foreign websites outside of U.S. jurisdiction --- in which case, the defendant isn't necessarily entitled to US rights, a decision might ultimately not be binding, or a hearing may be legally impossible (I'm not privy to international law, so that's speculation on my part). Which brings me to the second point, in that SOPA doesn't make provisions for websites to be shut down. SOPA's primary aim is to restrict domestic access to foreign websites outside of U.S. jurisdiction found to be chiefly dedicated to copyright infringement. It was originally designed to achieve this by preventing access to such websites via their URL, by preventing payment networks from performing transactions with such websites, and by barring search engines from displaying links to such websites. The focus of the bill is on limiting domestic access to foreign websites that the U.S. can't take legal action against --- the copyright aspects of the bill don't focus on domestic websites, outside of making streaming a felony (which, from what legal commentary I've heard, is just a clarification of existing copyright law as it applies to streaming technology, and doesn't affect existing DMCA safe harbors and take-down notice provisions). I mentioned this in an earlier article, but SOPA doesn't appear to be a revolutionary form of legislation, as a number of countries in Europe and abroad already have provisions in place that force ISPs to ban copyright-infringing websites such as Sweden's "The Pirate's Bay." There is a rhyme and reason to SOPA in cutting off financial lifelines to infringing websites that can't be touched by the U.S. arm of the law --- piracy sites in countries such as Russia, China, Sweden and North Korea have rampantly pirated U.S. content for years, while copyright-holders have had next to no legal recourse for protecting their IPs. That said, the due process issue still seems questionable, and I'd like legal clarification as to the reasoning behind its absence before passing judgement on the legislation. There's been a lot of misinformation and misunderstanding running around about how these bills work, and even I'll admit that separating the wheat from the chaff is challenging. If my understanding on any front is incorrect, please let me know, as I don't pretend to be a legal expert, though I enjoy studying copyright issues in my spare time. Last edited by Kikaioh on Sat Jan 21, 2012 4:15 am; edited 1 time in total |
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peachsncreamsoda
 Posts: 270 |
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Part of me really hopes so. Cause i'm not really feeling any redraft of it is going to be any better. I dunno... You can't really argue against people trying to stop other people from stealing copyrighted property. I mean its stealing no matter how you look at it. Its just that, there really isn't any way to stop it. As of now. Hell, some people can't even decide what and when things are considered pirated. And not only is there not any real way as of yet, the way the goverment has been going about it is just enitirely wrong and just makes things worse and its all just.... Such a mess. I can see the good intentions in there but, what with the way this is all being abused and what have you, I doubt anything good is gonna come of this for a really long time. If anything though, atleast we have some relief for now. Everyone can breathe easy and sleep better.... Atleast all those people who know that they've been spared from doing time for actual piracy. ... And ofcourse those who'd have been wrongly accused. And there would have been. Like i'm saying, I doubt any redraft or anything like this isn't gonna happen without something going awry. But what are ya gonna do? |
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Melanchthon
 Posts: 550 Location: Northwest from Here |
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I don't know how law is in Antarctica, but in the US, rights are unalienable. This means even non-citizens have the same rights as non-citizens. Citizens may have special privileges, but due process is a right for all. Here, read some Ars Technica and edumicate yourself. |
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kanechin
Posts: 447 |
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Guys we have another problem, ACTA and OPEN(not sure about this one). Unless everyone has come to terms about ACTA already this eff you law would allow the US to strictly monitor your internet activity and hit you with fines and jail. Worse the US has already signed the treaty. I want to know if this has already gone into effect or are we safe for a bit longer? Will I be screwed for dwling 1 ep of any anime?
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Ermat_46
Posts: 725 Location: Philippines |
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They were able to kill Megaupload without SOPA/PIPA/etc. Why would they need this?
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jojothepunisher
 Posts: 799 |
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In the end people who are for SOPA and PIPA are not people who are good with computers or spend enough time to understand what internet is all about. When people like these exists, their decisions tend to be political, and such view points tend to cloud their judgement on whats really good for the general public.
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Cutiebunny
 Posts: 1747 |
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I saw an interesting point regarding SOPA made on another website a couple of days ago.
If SOPA passed (in its current form), you could get five years in prison for uploading a Michael Jackson song. That's one more year than the doctor who killed Michael Jackson received. And this, in a country where most of our jails are filled beyond capacity with 'real' criminals. I wouldn't hold your breath on SOPA being redrafted prior to November. This is an election year. There's no better way to kill any chance of being re-elected than to not appeal to your base, and most politicians come from a jurisdiction with a significant percentage of 99%ers. Threatening to throw them in jail for five years for watching stuff online is not a good way to pander to them. |
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Mesonoxian Eve
Posts: 1858 |
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A Pyrrhic Victory, at best. The "internet" may have worked well to rip the dandelion from the stem, but the root (of the problem) still exists.
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Joe Mello
 Posts: 2260 Location: Online Terminal |
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I don't think that means what you think it means. The MegaUpload case was running concurrent to this, but was generally unassociated. The Supreme Court ruling that Congress is able take things out of the public domain was also unassociated to SOPA. The difficulty with any legitimate anti-piracy bill is that it's going to be very hard to determine which 1's and 0's are legal and which ones aren't. I'm not saying it's impossible, but I'm saying that just about any measure is going to have some collateral damage. |
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Haterater
 Posts: 1727 |
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They'll come up with something else that isn't so clear or perhaps shoehorn this into another bill that won't be so clear to the average public. If politicians and other high powers want this to pass, they'll find a cheap way to do it and it'll be hard to fight it.
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Hiyugi
 Posts: 59 |
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But what happened days ago with Megaupload, FBI didn't need the SOPA/PIPA Copyrights Billl to arrest people that runs file sharing sites. As time moves onward, they realized that it was fruitless to go after downloaders, because it had mass throughout the whole world. Then they decided to target "Certain" Uploaders that would upload movies, TV series, Comics (In all forms), etc. and realized individual uploaders numbers grew too many to penalized. So now, they will go after "Companies with no responsibilities" that made it easier for the uploader/downloader. Which means they will take away everyone functions to upload and download by removing the sites that allow them to act on those impulses. Makes me wonder about the other video players like: UploadC, RuTube, Videozer, Videobb, jwplayer, AUengine, etc. along with Fileserve and Filesonic. All Congress would have to do is shut them down. I bet alot of people that owns these sites outside of the US probably thought they were untouchable...they though wrong. Because honestly it was that man's fault for letting people upload copyright materials in the first place. In a way, he kinda deserved what was coming to him that wannabe player. |
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Mesonoxian Eve
Posts: 1858 |
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I do know what it means. The battle against SOPA means we lost more than we gained from it. People saw "government" and went to attack, leaving everything else as a non-issue.
Examples of my Pyrrhic Victory statement.
The key here is "anti-piracy". Copyright needs the repair, not the fight against piracy. Pull the root and there's no reason to fight dandelions. |
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