First off, I applaud the author, and all previous comments for what has been a constructive and meaningful debate.
However, there is an issue which I believe is being overlooked here, and that is that the internet is an INTERNATIONAL resource. Content on the internet comes from all corners or the globe, and overseas the issue that most people have with SOPA is that it allows the US government to play enforcer on a global platform!
When one considers international law, whether material infringes on copyright becomes much less clear. The definition of 'fair use' is really only codified in the American legal system, with infringements determined on a case by case basis in most EU countries. What about content created internationally? In the current US system certain protections kick in to any created work, meaning that a work distributed freely overseas may become infringing if distributed in the US. Should content be censored in this case? This is without even considering the myriad of different cultural issues which come into play. Should Lese-Majesty cases be considered here? Should libel and slander be considered here?
To allow the body to be internationally representative, then it must be powerless, as no system could possibly encapsulate the laws of all sovereign nations. If it is to be effective, it must choose the laws of one nation over another, in this case, probably the US.
I end with this final plea, to both the implementers of the SOPA legislation, and to the author: If you must implement legislation like this, keep it TO YOURSELVES. The US does not represent all countries using the internet, and certainly does not represent the laws of all countries on the internet.
Exactly: I was disturbed by this idea that a US organisation should keep a list of all websites 'both foreign and domestic' that they will choose to enforce American law on.
The reason The Pirate Bay et al have kept going is that they're not subject to DMCA take-down notices as they are not American.
Look at the number of form-letter DMCA take-down notices TPB have posted up here: http://thepiratebay.org/legal - it's as if they didn't even consider the possibility that there's a world where American law does not apply!
Call me idealistic, but if we can manage to do so without impacting companies creating real value or enabling real expression, I see nothing wrong with shutting down companies whose primary purpose is distributing free copyrighted material at the detriment of those who create it. Artists are more important to me than companies who almost exclusively facilitate piracy. There is all kind of grey area in between that needs to be protected, but speaking exclusively about these two groups - I care not at all about companies who profit off the backs of others and provide no other value. Their right to operate here, or anywhere, is the least of my concern.
However, there is an issue which I believe is being overlooked here, and that is that the internet is an INTERNATIONAL resource. Content on the internet comes from all corners or the globe, and overseas the issue that most people have with SOPA is that it allows the US government to play enforcer on a global platform!
When one considers international law, whether material infringes on copyright becomes much less clear. The definition of 'fair use' is really only codified in the American legal system, with infringements determined on a case by case basis in most EU countries. What about content created internationally? In the current US system certain protections kick in to any created work, meaning that a work distributed freely overseas may become infringing if distributed in the US. Should content be censored in this case? This is without even considering the myriad of different cultural issues which come into play. Should Lese-Majesty cases be considered here? Should libel and slander be considered here?
To allow the body to be internationally representative, then it must be powerless, as no system could possibly encapsulate the laws of all sovereign nations. If it is to be effective, it must choose the laws of one nation over another, in this case, probably the US.
I end with this final plea, to both the implementers of the SOPA legislation, and to the author: If you must implement legislation like this, keep it TO YOURSELVES. The US does not represent all countries using the internet, and certainly does not represent the laws of all countries on the internet.