ECA: SOPA/Protect IP Bill Is "The Worst Legislation We've Ever Seen"
Posted on Friday, November 18 @ 06:50:23 PST by Nicholas Tan
Under the current Digital Millennium Copyright Act, any claim of copyright infringement must first be sent to the Internet service provider or host and, unless the infringer sends a counter-notice stating why there are not infringing, the infringing material must be taken down. It's not a perfect system by any means, but it's at least some form of due process where you are presumed innocent before being proved guilty.
However, under SOPA/Protect IP, there's hardly any provisions stating that the material needs to be put back up following a counter notice, and a court order could have payment processors and ad networks cut off their service to a site before they've had a chance to defend themselves.
Sites like Justin.tv, YouTube, Facebook, and Google+ (and Game Revolution, I reckon) would also be responsible for every piece of content that goes up on their site just so that they aren't held liable for the worst of the worst users. Venture capitalists also find the wording in the bill, "denying US capital to notorious foreign infringers", much too vague. This would cause unnecessarily draconian enforcement and dismantle the entirety of the global DNS structure. In addition, it also creates an Internet government-sanctioned blacklist that can be too easily abused by Internet Service Providers that find a competitor's site to be infringing.
Worse yet, it would undo much of our victory in Brown vs. EMA earlier this year, in which video games were deemed protected speech.
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