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Saturday, December 17, 2011

PIRACY v PRIVACY

Have you heard about SOPA? It’s the Stop Online Piracy Act.  Well, it might as well be the Stop Online Privacy Act.  Under the guise of protecting American business from media pirates, counterfeiters, and other such illegal internet activity, the government is preparing to fundamentally change the face of the internet.  Assuming of course they don’t effectively destroy it altogether.

Post-SOPA Google results.
(Click to enlarge)
The purported goal of this bill is to stop sales of counterfeit items (purses, watches, etc.); stop the sale/sharing of pirated music, books, and movies; and stop the sale of prescription drugs without a prescription over the internet.  The proponents tell us the bill is designed only to target overseas sites… but the bill does not say that.  In fact, there is wording in it that indicates that participating in file sharing is punishable.  Well, how do you suppose they will know if you are, or are not, sharing files?  By watching you.  By monitoring your internet usage.  Farewell privacy.

Next comes tackling plagiarism.  Take for instance the following sentence that I found when I Googled Edgar Allan Poe (I picked Poe at random to try to find an example like the one you're about to see… it was my first try):

The name Poe brings to mind images of murderers and madmen, premature burials, and mysterious women who return from the dead.

This is the first sentence on the Edgar Allan Poe Museum’s website.  I found this same sentence on a minimum of six other websites (without looking hard at all).  One of them included the news site Orlando Sentinel.  In fact, they printed the first full three sentences, verbatim, from the Poe Museum’s website.  There is no reference; there is no attribution.  Theater critic Matthew J. Palm (shame on you Matt) plagiarized a website, and by the wording of the SOPA not only must the offending page be taken down, but the whole Orlando Sentinel website can be taken down.  Ready for the scary part?  As of the time I am typing this, it would not even require a court order to take down the page.  Google and Bing could remove search engine results and Verizon and Cox Cable could block content voluntarily.  Hasta la vista freedom of the press.  Yet the bill’s sponsor, Rep. Lamar Smith (R-TX), claims there is no proof that this legislation could harm the internet.  Did I mention that 83 prominent internet inventors and engineers sent the Congress a letter?  You should read it.

In order to save money, Ethel was
brought in to handle copyright
enforcement.
And how would ISPs enforce this bill?  They won’t hire an army of techs to go through every webpage looking for repeated phrases.  No, it would far easier (and cheaper) to build a filter that looks for X number of words in a row that are the same and then blocks all offending webpages.  You can’t block all but the oldest webpage because it may have been plagiarized from another form of media, or from a website that has already been blocked.  Keep in mind too that this doesn’t just affect ISPs, it hits search engines, advertisers, and brokers (such as PayPal).  Well, the advertisers and brokers are going to have legal standing to put the onus on the search engines (Your honor, my client wouldn’t have advertised on xyz.com if Google hadn’t sent traffic there).  Weak, but imaginable.  In addition, let’s face it advertiser and broker infrastructures aren’t designed to comply with this bill.  The ISPs aren’t either.  The search engines are though.  So everyone will contract through the search engines to keep them on the straight and level, which will increase the cost of ISPs and brokers, and reduce the money advertisers pay to site that carry their advertisements.  (By the way, did you click the ad at the top of this page yet?)

Also, the bill’s language is vague.  Essentially, if you have a video that you shot at a bowling alley and they are playing music in the background, you cannot post your video.  If you have video of your 6-year-old reading from a book, you cannot post that video.  If you have video of your dog doing something stupid in the living room and you can see Lord of the Rings playing on the TV, you cannot post that video.  Now realistically this is the law now.  In fact, the singer Prince sued YouTube, eBay, PirateBay, and three of his fan sites.  Yeah, he sued his fans for posting pictures, album art and lyrics.  Classy.  Anyway, with this new bill he wouldn’t even need to sue them.  He could call the Attorney General's office and have the offending pages and/or sites taken down. 

Ladies and Gentlemen, may I present
the United States Attorney General.
Attorney General Eric Holder provides a great transition into our last subject.  Suppose a blogger out there decided to say the following… Eric Holder is an ignorant buffoon whose incompetent decision-making is the result of sheer arrogance and racists ideals rather than relevant facts and legal purview.  Imagining such a statement should not be difficult as I just made it… and I meant it.  Now let’s say that Holder sees that statement and decides it is less than flattering.  How long do you think it would take him to find something on one of my blogs he could claim is plagiarized?  If he had to, he could expand his search to include all of Blogspot.  My blog could be erased in the blink of an eye.  While that would thrill most people to no end, every blog, news source, forum, and social media site would be subject to the same scrutiny.  Goodbye freedom of speech.  Do I think it would go that far?  I hope not, but history shows that once the government has power, the government uses power.  And remember, the US government is the same one that has been lambasting China’s internet filtering practice…

What's worse?  What this picture
represents? or the fact that I used it
without permission?
So there are my beefs with SOPA.  I could go on.  I strongly encourage everyone who comes this way to not only share your thoughts below, but share them with your Congressmen!  This bill hasn’t even cleared committee yet, get heard NOW!! This is a completely nonpartisan issue, there are Rs & Ds on both sides so don’t assume your representative is on your side.  Those of you opposed to the Patriot Act should be appalled by SOPA, though I can justify forfeiture of some rights to protect the nation a lot faster than I can justify forfeiture of rights to protect Steven Spielberg’s royalties check.  The bottom line is this, piracy is stealing, and stealing is wrong, but no one can justify the blanket infringement of Constitutional rights to stop a few criminals committing nonviolent crimes.  As the bumper sticker says…

My freedom is more important than your good idea.
(My apologies to whomever I just plagiarized.)

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2 comments:

  1. Are you sitting down, Squid? I hope so, because I agree with you 100% on this one. This is a clear case of corporations telling us what we can and cannot think and say. What arrogance! This needs to go down, big time. I'll be letting my senators and reps know how I feel; I'm sure you'll do the same.

    ReplyDelete