But here’s the thing. The Obama administration did not announce that they are bringing back a piece of SOPA legislation (apart from the fact that only Congress can introduce legislation).
Here’s what’s going on:
The Commerce Department published a paper where they asked Congress to amend the Copyright Act itself to make it a felony to reproduce or distribute at least 10 or more copies with a total retail value of at least $2,500. They’re trying to match up aspects of a 20+ year old law to make them more consistent and whether that’s a good idea or not, there’s one thing that’s very clear.
THAT is not SOPA. That tweak may have been included as part of SOPA, but nowhere in the recent Commerce Department paper did they ask Congress to bring back SOPA itself.
And even if they had asked for it, someone in Congress would have had to write it into a bill; the Commerce Department can’t just make something a felony because they want it to be.
And even if THAT happened (which it won’t because the telecoms and tech companies would not support it this go round any more than they did once they actually read it last time) it would have NO IMPACT on fanworks, transformative works or sites that allow the public to upload or stream content because of the Fair Use provisions of the Copyright Act, along with the Digital Millenium Copyright Act (DMCA).
In other words, there is nothing in this Commerce Department proposal that will have any impact whatsoever on any fanworks, fanfic, fanvids, spreecasts, fanart, online cons, reblogged and gacked images, screencaps or anything else. On the off chance this became law it might possibly impact live group viewings of tv shows or films, but if the marketplace is anything like what we’ve seen in the last 20+ years some companies will set up to do this on a licensed-works basis and we’ll be able to carry on as we always have, just on a new platform.
But the fanworks? Fanworks are never actionable infringement because “fair use [including in a transformative work] is a lawful use of copyright.” Here’s the court case that says so.
So, guys sign that petition! There’s no downside. But this? This thing you’re afraid of? Is not happening.
And yes, I am posting this comment as a standalone in the SOPA tag in hopes that it will get picked up and reblogged. If you reblogged the frightening threads before, please reblog this too - SOPA sucked, but this departmental proposal is very definitely not that.
The new bill, the Intellectual Property Attache Act, will create a class of political officers who will see to it that all US trade negotiations and discussions advance SOPA-like provisions in foreign law. And as we’ve seen with other trade deals, one way to get unpopular measures into US law is to impose them on other countries, then agree to “harmonize” at home.
True to form, Smith is trying to cram his law onto the books without any substantive debate or scrutiny, just as he tried with SOPA. When you’re serving corporate masters instead of the public interest, the less debate, the better.
The specifics of the bill appear to go further than the version in SOPA. It is clear that the bill itself is framed from the maximalist perspective. There is nothing about the rights of the public, or of other countries to design their own IP regimes. It notes that the role of the attaches is: to advance the intellectual property rights of United States persons and their licensees;
The bill also “elevates” the IP attaches out of the US Patent and Trademark Office, and sets them up as their own agency, including a new role: the Assistant Secretary of Commerce for Intellectual Property. Yes, we’ll get another IP Czar, this time focused in the Commerce Department.
When even the USTR is recognizing the importance of limitations and exceptions to copyright, to have Congress push a bill that basically ignores limitations and exceptions and only looks to expand Hollywood’s special thugs within the diplomatic corp. seems like a huge problem.
This Is Important, You Should Know This of the Day: The Cyber Intelligence Sharing and Protection Act now has more than 105 co-sponsors, and some fear the bill could go further than SOPA and PIPA in threatening online privacy. SOPA and PIPA were finally discarded earlier this year after resoundingonline protest changed the debate, but the same doesn’t yet appear to be the case with CISPA.
According to the Electronic Frontier Foundation, H.R. 3523 “would let companies spy on users and share private information with the federal government and other companies with near-total immunity from civil and criminal liability. It effectively creates a ‘cybersecurity’ exemption to all existing laws.”
The bill could sneak through Congress quickly once it’s back in session, so be sure totrack its progress.
If you are in West Los Angeles Please go to this! This shit is no where near over.
In the context of increasing public scrutiny of the public interest implications of intellectual property laws raised by the recent derailing of the Stop Online Piracy Act (SOPA), U.S. and international negotiators will be meeting in Los Angeles behind closed doors to craft new international intellectual property enforcement rules through the proposed Trans Pacific Partnership (TPP) free trade agreement. Some of the proposals for the agreement have leaked to the public, leading some to raise concerns that the agreement could threaten Internet freedoms, business innovation, the free flow of generic medicines, cost containment in medicaid and other medicine reimbursement programs and other important public interests. Although there has been no official announcement about the planned meeting, public interest advocacy organizations have determined that intellectual property negotiations will be held January 31-Feb 4th at a hotel in West Hollywood. The day before the negotiation, representatives of public interest organizations and regulated businesses will gather at USC to explain their substantive concerns with previously leaked negotiating documents and their process concerns with holding such negotiations in secret. Following the conclusion of the event at 11:30am, speakers will be available for individual press interviews
Of course it’s not dead, they won’t stop until they’ve pushed the public too far and Tyler Durden becomes a real person. It makes me wonder if the public outcry had been expected, and now that everyone feels grand for winning the First Internet War they can slide their new policies right under the hype of victory. The number of notes in this post is a clear example of that.
i nominate myself for losing it and developing a split personality
This is a petition on the Directgov website - this goes straight through to parliament and at the current time of posting it only has21 signatures
I know a lot of people are reblogging the one sponsored by anonymous which is great but if you live in the UK, this is going to be your best best at getting yourself heard about ACTA - even if you don’t live in the UK or even the EU,PLEASE REBLOG THIS,as ACTA is something that not only affects Europe but the rest of the world as well and this could be one of the only opportunities for it to be downturned
COME ON GUYS!!!!!
No more pretending to be US citizens just to sign petitions! This one’s international so we can petition our government too and we NEED to let them know we’re not ok with this.
We’re already in danger of extradition just for posting links to pirated files (seeRichard O’Dwyer’s case), and this would make things a whole lot worse.
411 signatures. I know you guys can do much, much better than that.
Sign both petitions, but this one is more important. Anonymous is more or less seen as a criminal hacker group even if their intents and purposes here are good, they are hardly going to be taken seriously.
sign it! just do it!
If this gets 100,000 signatures, it will come up for debate in the House of Commons. Democratic process, we can affect it!
12,059 notes and only 2,709 signatures? come on, guys
A few days ago the news broke that the pending Stop Online Piracy Act (SOPA) was put on hold until consensus was reached.
Although the announcement was rather vague, some news sites and blogs declared SOPA dead, or “shelved,” or erased from history.
Wishful thinking, because today SOPA is back in full force.
House Judiciary Committee Chairman Lamar Smith just announced that the SOPA markup is expected to continue next month.
“To enact legislation that protects consumers, businesses and jobs from foreign thieves who steal America’s intellectual property, we will continue to bring together industry representatives and Members to find ways to combat online piracy,” Chairman Smith said.
“Due to the Republican and Democratic retreats taking place over the next two weeks, markup of the Stop Online Piracy Act is expected to resume in February.
“I am committed to continuing to work with my colleagues in the House and Senate to send a bipartisan bill to the White House that saves American jobs and protects intellectual property.”
It’s merely been shelved temporarily until it can be tweaked. Please don’t buy into this ‘dead’ bullshit. oTL It is anything but. If you actually read any of the articles involved, you’d know that they’ve only been put on hold.
But I wanted to bring ANOTHER INTERNET ACT up for consideration that has already passed the committee 19 to 10 in favour a few months back in July of 2011. The same man who sponsors this act also sponsored SOPA, Lamar Smith.
Now before anyone seriously freaks, here is a blurb from the bill, which has broad reaching “Big Brother”esque language to monitor everyone in the US who uses the internet.
…under language approved 19 to 10 by a House committee, the firm that sells you Internet access would be required to track all of your Internet activity and save it for 18 months, along with your name, the address where you live, your bank account numbers, your credit card numbers, and IP addresses you’ve been assigned.
As written, The Protecting Children from Internet Pornographers Act of 2011 doesn’t require that someone be under investigation on child pornography charges in order for police to access their Internet history — being suspected of any crime is enough. (It may even be made available in civil matters like divorce trials or child custody battles.) Nor do police need probable cause to search this information.
Please pass this on if you live in the US, or even if you live abroad. This bill is FAR TO BROAD and prying to be made into law! One of our last forms of privacy is currently being contested. Contact your senators, and don’t believe for a second that either PIPA or SOPA are gone for good. On top of those two, and this bill that’s been over shadowed by the previously mentioned two, things could be far more worse.
Please just take a few seconds, reblog this. Let everyone else know.