A Closer Look at SOPA Pt. 2 of 2 by Mrs. Dorothy Barron

             A Closer Look at SOPA Pt. 2 of 2 by Mrs. Dorothy Barron

Last week’s title in Part 1, the Blacking out of Websites to oppose the Stop Online Piracy Act (SOPA) was briefly talked about and suggestion made to familiarize oneself with SOPA, House Bill 3261. On today and as we conclude Part 2, we will take a look closer at SOPA. With societies, their economies and entire ways of life becoming more and more dependent upon the Internet and cyber space, it seems logical to create a law(s) to stop or combat piracy; after all, we are in the information age. First, let me establish the fact that I am not an attorney. Now, with that said, let us begin.

What is Piracy? Surprisingly, SOPA did not provide a definition of Piracy. As I looked at SOPA, theft of, the altering and/or counterfeiting of that which one does not own or rightfully possess are terms and that which I derived the word Piracy to mean under SOPA.

8 Points as to why I feel we need to be concerned about combatting piracy and the creation of laws to protect all and especially the rights of creators of creative works and intellectual properties, as well as and his/her creative works and intellectual properties?  

1. We are charting new territories in a new millennium – the Internet and cyberspace- both in and outer space. Do you have the wherewithal to track and locate those who have committed acts of piracy?
2. Foremost, there is a failure in and lack of laws that effectively protect the rights of and combat Online Piracy for the individual and his/her creative works and intellectual properties.
3. Online Piracy will directly and indirectly affect each of us individually and collectively, from national and global standpoints.
4. SOPA is an acknowledgement that there is a need to stop online piracy and can and should open dialogue.
5. Concerns, comments and meaningful dialogue from individuals, groups, businesses and other interested parties with Congress can provide Congress with clearer understanding and necessary elements for which to craft the most proficient bill for the protection and combatting of Online Piracy and best suits, all.
6. Each and all are and will be held accountable for his/her actions online, if held accountable, should you not become versed or knowledgeable of that which you will be held accountable?
7. Our creative works and intellectually property rights are at stake; should we not have a stake in knowing how to protect self and our creative works and intellectually property rights, as well as how to avoid infringing and/or pirating others’ rights?
8. If there are no laws and/or they fail to combat online piracy and protect the creator’s creative work and intellectual properties, many entrepreneurs will suffer; mostly the sole entrepreneur and small businesses.

Purpose of Stop Online Piracy Act (SOPA) as stated in Bill 3261: “To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes” (Thomas. LOC).

 Stop Online Privacy Act – The major positions of Proponents and Opponents appear to be: 

• Proponents want to combat online piracy and protect both the rights of creators of and their creative works and intellectual property rights.
• Opponents view SOPA as an infringement of their 1^st Amendment Rights.

Let us now look at the Stop Online Privacy Act (SOPA):

First, some opponents claim that SOPA is an infringement of their rights under the 1^st Amendment, but I did not view their reason(s) as to how? Under SOPA, SEC. 2. SAVINGS AND SEVERABILITY CLAUSES. (a) SAVINGS CLAUSES.—(1) FIRST AMENDMENT, it is stated, “nothing in this Act shall be construed to impose a prior restraint on free speech or the press protected under the 1st Amendment to the Constitution” (Thomas. Loc).

 Second, some opposing statements are flawed and/or hypocritical:

• Some claim that under SOPA sites will be shut down; they do not acknowledge the process under SOPA, should such become necessary. Yet, some web host(s) of present websites and/or platforms will shut one’s site down or block the site without any advance notice or reason(s) forthcoming.
• Another claim is that SOPA is ambiguous; it is, but most laws, policies and Terms and Conditions are. I think many within the general public would concur that ambiguity exists under the Terms and Conditions of host sites or most professional online sites, as well, if they read them.
• Some make it a point to place emphasis on foreign piracy; piracy exists in abundance here in the United States (intentionally and unintentionally). SOPA covers both domestic (US) and foreign online piracy.
• If SOPA will not, then, what law will protect the rights of creators of and their creative works and intellectual property rights online? Presently, after some website transmit intellectual property to third parties, the website that transmitted the intellectual property’s responsibility and according to them, liability cease. The third party may be able to utilize one intellectual property as it chooses and even sell it without your knowledge or payment for use. These issues and Online Piracy will have to be addressed and laws created to protect the rights of creators of creative works and intellectual properties and their works.

 After having briefly viewed SOPA, and I could be mistaken, but I have ascertained:

 Advantages or Pros:

• A Lawmaker saw a need to stop online piracy and set about to create a law to respond to and combat online piracy.

 Disadvantages or Cons:

• SOPA is ambiguous and at this point, confusing and not well crafted.
• Such terms under SOPA, as “Piracy,” and “Streaming” have not been defined or clearly defined. SOPA’s Purpose concludes with “…and for other purposes.” What other purposes? Are those “other purposes” stated within SOPA or not stated?
• Under SOPA, TITLE II—ADDITIONAL ENHANCEMENTS TO COMBAT INTELLECTUAL PROPERTY. THEFT. SEC. 201. STREAMING OF COPYRIGHTED WORKS IN VIOLATION OF CRIMINAL LAW. (a) TITLE 17 AMENDMENTS.—Section 506(a) of title 17, United States Code, has been amended. See (a) CRIMINAL INFRINGEMENT,1A.,B and C. When one views Paragraph 2 under the same section, this clause is confusing, because infringement of copyright even with evidence, here “…shall not be sufficient to establish willful infringement of a copyright” (Thomas. LOC). Will SOPA then have failed to protect and combat piracy for the individual creator and his/her creative works and intellectual properties while online and/or on the computer?
• SOPA in its ambiguity is subject to Discretionary Interpretation; by whom?
• Under SOPA, violators may need only claim they acted in good faith to be absolved of violations and/or granted immunity?

Why I feel we need to be concerned with combatting piracy and the creation of laws to protect all; especially creators of and their creative works and intellectual properties? I speak from experience:

1. Individuals have hacked into my computer and uploaded my files while I have been sitting in front of the computer working offline.
2. Individuals have changed words and letters in documents both while I was on the computer, offline. The same occurred with some blog posts, before and after having uploaded them to my blog sites online. The tampering has become so injurious; I am not able to take online courses.
3. Individuals have intercepted online documents and emails; the tampered documents caused serious repercussions.
4. These individuals can view one’s computer in remote (not necessarily of any great distance outside one’s home) locations and pirate one’s intellectual properties before I could upload them to the Internet. They do not think anything can be done to them and/or for their actions, legally.
5. My intellectual properties have been illegally copied and set up on duplicate sites. In fact, my blog posts on one of my blogs were unlawfully pirated on an app. I went to the site to find that it was for sale. I then went to the site which it appeared it was being sold. The website purchasing company clearly states, they are not responsible or liable for what they purchase and do not necessarily check for validity of the purchased property.

 

Without laws to protect one’s creative works and intellectual properties, it is difficult to impossible to sustain, not to mention obtain an income from the labor and creation of one’s intellectual properties.

Solutions:

America, we are in a new millennium, we need an educated society and such entails knowledge and understanding of the laws in order to govern self and assist others with upholding and obeying the laws. First, individuals are prohibiting from going to law school to learn and practice law and then we punish people when they violate laws which they did not know existed. May I suggest Congress rectify this situation by starting with Online Piracy. Many acts of piracy are unintentional; many within the general public do not have knowledge of what constitutes infringement or piracy of intellectual properties. Facts sheets and tutorials would greatly assist with this effort.

Consider putting your difference aside and working to assist Congress with crafting a SOPA Bill that creates a win-win situation for all; after all, we are not first in the world from a technological standpoint or skills.

 In concluding, someone in Congress saw a problem and decided to work to resolve the problem. Often, we blame Congress for the opposite. Perhaps, the Stop Online Piracy Act has been crafted as is, because those doing the crafting do not have the necessary skills to effectively complete the bill. Not to be facetious, but you do not want to wait until it becomes overwhelming and imperative for Congress to write a SOPA bill that will affect and effect all of us and the economy both nationally and globally.

 If Congress fails to create a law(s)  to stop or combat online piracy and protect creators’ creative works and intellectual properties and creators’ rights under that law(s), we will not be successful and will fail “to promote prosperity, creativity, entrepreneurship, and innovation… fully, online.

 It might also be a good time to brush up on “How a bill becomes a law?”

Note: the above citations are from Stop Online Piracy Act House Bill 3261. 112th Congress 1^st Session H.R. 3261.  Bills-112hr3261ih-gpo.gov.pdf. 19 Jan 2012. 

From me, to you

Mrs. Dorothy Barron, Author

“Slinging Stones… Blog” by Mrs. Dorothy Barron:

http://www.dorothybarron.com  or

http://mrsdbarron.typepad.com/slingingstones

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