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MPAA Says They'll Tone Down SOPA
Yet Opponents Aren't Participating in Changes
by Karl Bode Thursday 01-Dec-2011 tags: legal · Fileswapping · business · legislation · consumers
After a few weeks of particularly fierce opposition to a SOPA (Stop Online Piracy ACT) bill many say will effectively create the "Great Firewall of the United States," the MPAA this week stated they would be "toning down" the bill and "addressing some of the legitimate concerns." MPAA boss Michael O’Leary says he's been huddling with politicians from both parties to discuss ways to address concerns brought up from corporate tech giants that have included Google, Yahoo -- and even AT&T. As Techdirt notes, the language used makes it very clear that the MPAA is the one writing the bill, and that those people that the MPAA deems have "legitimate concerns" aren't even being included in the change discussions:

Notice who's not included in those discussions? That's right. Everyone who raised objections. How the hell do you address concerns if you don't actually include the people who are concerned? The answer is you don't, and the whole thing is a sham. O'Leary also points out that most of the tech folks still won't be satisfied, which basically is an admission that he doesn't actually care about the concerns.

The MPAA goes on to pretend there have been no alternative pieces of legislation proposed that will do what SOPA does without all the digital bloodshed -- despite several proposals that do just that (including one by Senator Wyden). As is usually the case, the MPAA drafted far reaching and awful legislation they knew would be pared down only slightly by a well-lobbied Congress with a fleeting grasp of the technical impact of the proposal. The end result will be a slightly-less-awful-really-awful bill.

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Jason Levine
Premium
join:2001-07-13
USA

Problems Even If They Tone It Down

Even if they tone it down, I'm still not convinced that SOPA would be seriously bad news. They might have figured on this happening to begin with. Ask for 100x and, when lots of complaints surface, "compromise" to 50x. You still get 50x more than you had before and get to act all noble for compromising. Then, later, you can try to slip in the remaining 50x when nobody is looking and, if they do notice, compromise again only this time to 75x.
--
-Jason Levine

Linklist
Premium
join:2002-03-03
Longport, NJ
kudos:5

Re: Problems Even If They Tone It Down

In defense of SOPA. 2 other views:

»www.nationalreview.com/articles/···ar-smith

Rep. Lamar Smith is a sponsor of the Stop Online Piracy Act.

Claims that the Stop Online Piracy Act will censor legal activity on the Internet are blatantly false. Enforcing the law against criminals is not censorship.

The Stop Online Piracy Act specifically targets websites dedicated to illegal and infringing activity. Often based overseas, these websites are called “rogue sites” because they flout U.S. law and face zero legal consequences for their criminal activity. Rogue sites not only steal America’s products and profits; they steal jobs that rightly belong here at home. This bill cuts off the flow of revenue to rogue sites by preventing criminals from selling and distributing counterfeit products to U.S. consumers.

The bill defines rogue sites as websites that are dedicated to the facilitation of the illegal sale and distribution of counterfeit or pirated goods. Websites like Facebook and YouTube that host user content are not “dedicated to” illegal activity and they certainly do not make a business out of “facilitating” the illegal sale and distribution of counterfeit or pirated goods.

The Stop Online Piracy Act is a constitutional bill that protects free speech and America’s intellectual property. The First Amendment is not an excuse for illegal activity. Simply because the illegal activity occurs online does not mean that it is protected speech.

this bill authorizes the attorney general to seek an injunction against a foreign website that is dedicated to illegal and infringing activity. The attorney general must go to a federal judge and lay out the case against the site. If the judge agrees, a court order will be issued that authorizes the Justice Department to request that the site be blocked.

This bill does not allow anyone to seek an order to block any website. It affords the same due-process protections provided in all civil litigation in federal courts. If a federal judge agrees that the website in question is dedicated to illegal and infringing activity, then a court order can be issued directing companies to sever ties with the illegal website. Third-party intermediaries, such as credit-card companies and online-ad providers, are only required to stop working with the site. They cannot be held liable for the illegal or infringing actions taken by the rogue website.

Fightonlinetheft.com is a web site set up by the US Chamber of Commerce:
»capwiz.com/gipc/issues/alert/?al···22999521

Sophisticated criminals take advantage of the Internet to lure unsuspecting consumers to seemingly legitimate websites that sell potentially-dangerous counterfeit products like prescription drugs as well as pirated movies and software with no regard for U.S. law.

I write in support and appreciation for the legislation that the Senate and House Judiciary Committees are crafting to target foreign-based rogue sites - online enterprises that offer counterfeit goods and unauthorized copyrighted works to the public. These sites have business models predicated on the theft of American property. These Congressional efforts should be commended in order to deprive rogue website operators of easy access to American customers and their pocketbooks.

American ingenuity fuels this nation's economic growth, creates millions of new jobs and improves our quality of life. America's economy is based on "big ideas" that are turned into innovative new products. But, these big ideas and innovative products are often the target of criminals, whose counterfeit products rob America of deficit reducing revenue, undermine small businesses, and pose a significant safety risk to consumers.

Consumers, however, aren't the only victims: studies estimate that rogue websites cost legitimate businesses of all sizes $135 billion in lost revenue annually and generate more than 53 billion visits per year. These findings further underscore the urgency of the fight against IP theft online.

If America is to continue to lead the world in innovation, it is imperative that rogue site legislation be a top priority for the Congress. Please act now to protect American consumers and America's innovative ideas by enacting this critical legislation and shutting down these rogue sites.

--
The nine most terrifying words in the English language are, I'm from the government and I'm here to help.
»www.politico.com/rss/2012-election-blog.xml


Woody79_00
I run Linux am I still a PC?
Premium
join:2004-07-08
united state

Re: Problems Even If They Tone It Down

This is terrible legislation

Fact is provisions of SOPA are incompatible with the DNSSEC standard....the root zone has already been signed...DNSSEC was deigned to prevent exactly what SOPA wants to implement at the DNS level...which is forged DNS responses among other things...

the MPAA any their likes have no right to try and violate the RFC's and the standards set just because of some inconvience to them...
openbox9
Premium
join:2004-01-26
japan
kudos:2

Re: Problems Even If They Tone It Down

said by Woody79_00:

the MPAA any their likes have no right to try and violate the RFC's and the standards set just because of some inconvience to them...

The MPAA has a right to work towards protecting its property. Having said that, breaking approved and implemented standards to implement that protection is a different story. This is a legislative issue. The players involved need to ensure Congress understands the ramifications on both sides. Right now the MPAA's voice is the loudest.
openbox9
Premium
join:2004-01-26
japan
kudos:2

Re: Problems Even If They Tone It Down

Luckily, your viewpoint doesn't matter. Law exists for a reason.

JRW2
R.I.P. Mom, Brian, Ziggy, Max and Zen.
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La La Land
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Re: Problems Even If They Tone It Down

said by openbox9:

This is a legislative issue. The players involved need to ensure Congress understands the ramifications on both sides.

Do you really believe that any of our elected officials have the remotest understanding of the legislation they are trying to push through??
--
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openbox9
Premium
join:2004-01-26
japan
kudos:2

Re: Problems Even If They Tone It Down

Do you not understand my point that you quoted? Congress is a conduit for action that responds to he which speaks loudest.

DataRiker
Premium
join:2002-05-19
00000

Re: Problems Even If They Tone It Down

said by openbox9:

Do you not understand my point that you quoted? Congress is a conduit for action that responds to he which speaks loudest.

More like which special interest have the most money.

We have more than enough laws to make every ordinary American a felon to begin with, why do we need more?

roymustang
Premium
join:2002-01-12
Cincinnati, OH

Re: Problems Even If They Tone It Down

said by DataRiker:

More like which special interest have the most money.

This. It is laughable to think that Congress will listen to anyone; but, those who bribe them with the most campaign contributions.
openbox9
Premium
join:2004-01-26
japan
kudos:2
said by DataRiker:

More like which special interest have the most money.

And you're ignoring my point too.
TheRogueX

join:2003-03-26
Springfield, MO

Re: Problems Even If They Tone It Down

No, actually, he got your point right on the money.
openbox9
Premium
join:2004-01-26
japan
kudos:2

Re: Problems Even If They Tone It Down

Probably, but he's ignoring it.

JRW2
R.I.P. Mom, Brian, Ziggy, Max and Zen.
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said by openbox9:

Do you not understand my point that you quoted? Congress is a conduit for action that responds to he which speaks loudest.

I really don't think they understand, nor do they really care to understand it. They are being paid receiving campaign contributions to support it, and that is all they really care about.

My point was that no one in congress supporting this, probably understands one bit of it...

The average citizen can not wield that kind of influence over them and they really don't care what our viewpoint on the subject is, no matter how loudly we "speak"....
--
Politics is a disease, we need a cure!
In constant search for intelligent life on Earth!
openbox9
Premium
join:2004-01-26
japan
kudos:2

Re: Problems Even If They Tone It Down

said by JRW2:

I really don't think they understand, nor do they really care to understand it.

I have no doubt that many of the congress critters don't understand fully what they're voting on.
said by JRW2:

My point was that no one in congress supporting this, probably understands one bit of it...

Once again, my point is that until those that have a vested interest in not having these laws on the books get Congress' attention, we're likely going to see some variation of the laws.
TheRogueX

join:2003-03-26
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said by openbox9:

The MPAA has a right to work towards protecting its property. Having said that, breaking approved and implemented standards to implement that protection is a different story. This is a legislative issue. The players involved need to ensure Congress understands the ramifications on both sides. Right now the MPAA's voice is the loudest.

You're right. It's a legislative issue. The MPAA should not be involved in writing the bill in any way. Only Congress should be.
openbox9
Premium
join:2004-01-26
japan
kudos:2

Re: Problems Even If They Tone It Down

Ok...and now back to reality.

Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
said by Woody79_00:

Fact is provisions of SOPA are incompatible with the DNSSEC standard....the root zone has already been signed...DNSSEC was deigned to prevent exactly what SOPA wants to implement at the DNS level...which is forged DNS responses among other things...

This is something that I don't expect the MAFIAA, their shills, nor their bought and paid for politicians to understand. These types of individuals and organizations seem to be utterly clueless when it comes to technology.

And anyway, SOPA/PIPA, etc. just won't work. The so-called "pirates" will find ways around such censorship and laws like this will only spur the growth of alternative DNS and darknets.

Besides it is kind of a moot point as SOPA appears to be dead in the House. Neither them nor the Senate these days seem to be able to accomplish anything in the way of passing legislation - they are hopelessly engaged in partisan bickering that they likely won't get anything done.
--
I, for one, welcome our new Computer Overlords.

Brat75
I remember 8-tracks

join:2003-02-05
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»ventiwithangst.blogspot.com/2011···hip.html

Yep
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Jason Levine
Premium
join:2001-07-13
USA
I'm confused. The quote under your username says "That gov't is best which governs least" and yet you seem to be in support of a bill which would allow the federal government to shut down sites that they deemed illegal (without any due process first). There are already laws on the books to deal with sites promoting counterfeit goods, we don't need SOPA for that. Why should we give the federal government more power if the best government is the one "which governs least"?
--
-Jason Levine

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Re: Problems Even If They Tone It Down

Agreed entirely. Plenty of existing civil and criminal remedies exist for content owners and all these new laws do is screw over legitimate users. Enough is enough!
--
"Net Neutrality" zealots - the people you can thank for your capped Internet service.
nasadude

join:2001-10-05
Rockville, MD
Reviews:
·Verizon FiOS
sorry, there is no defense for SOPA; this bill has one purpose and one purpose only: to give the MAFIAA the power to shut down any site on any server in the world that they don't like.

plus, you completely ignore the main point of the article: this bill was written by the MAFIAA and introduced and supported by their paid congress critters.
funny

join:2010-12-22

1 edit

Re: Problems Even If They Tone It Down

said by nasadude:

sorry, there is no defense for SOPA; this bill has one purpose and one purpose only: to give the MAFIAA the power to shut down any site on any server in the world that they don't like.

plus, you completely ignore the main point of the article: this bill was written by the MAFIAA and introduced and supported by their paid congress critters.

they cant and we hackers will just steal ips form everyone and anyone and then this now will cause serious issues and you think anonymous is a problem start pissing off the big guns ...go for it i fraking dare you....it took friends a mine to aid you americans in the last cyber war with china , i wont help and direct everyone to sit back and let em pwn you....
and they will
and they have .....Nixon and Reagen sold you out

Abbot7

@jillyred.net
You consistently support the most awful, awful ideas on this forum, and I'm shocked more people don't call you on it. This law is utter garbage. It was even written as utter garbage by people knowing it would be scaled back to slightly less garbage, and yet here you are crowing in support of it all week.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
There is no defense of SOPA.

It's indefensible. There is no good that would come from it. Zero.

Linklist
Premium
join:2002-03-03
Longport, NJ
kudos:5
Rep Lamar Smith has something about why Google is against SOPA:
»old.news.yahoo.com/s/nm/20111201···s_piracy

He also made a pointed jab at tech giant Google, an outspoken critic of SOPA.
"Unfortunately, there are some critics of this legislation who are not serious about helping to protect America's intellectual property. That's because they've made large profits by working with and promoting rogue sites to U.S. consumers. Google recently paid half a billion dollars to settle a criminal case because of the search-engine giant's active promotion of rogue foreign pharmacies that sold counterfeit and illegal drugs to U.S. patients. Their opposition to this legislation is self-serving since they profit from doing business with rogue sites."


--
The nine most terrifying words in the English language are, I'm from the government and I'm here to help.
»www.politico.com/rss/2012-election-blog.xml


Spike
Premium
join:2008-05-16
Toronto, ON

Re: Problems Even If They Tone It Down

Too bad most of the 'rogue pharmacies' Google had ads for were Canadian based and licensed, and sold generics and legitimate brand drugs for much cheaper than you can get in America.

You never hear that side of the story though. I love how they lump generics in with illegal and counterfeit drugs. Its no different how they enjoy lumping real counterfeiting (which can endanger life) in with file sharing.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
SOPA breaks the internet it is that simple. the government nore corporations should have the power to block access to a website. doing such violates what america is about.

Its funny we criticize China, Iran, etc for filtering and great firewalls and yet when the MPAA cries piracy our government lines up behind what is basically the foundation for Iran and China class censorship.

Anybody who thinks this will stop at shutting down The Pirate Bay from US based DNS is clearly blind to how government and big business works. SOPA gets the foot in the door for further censorship. starts with "stopping piracy" and ends with blocking sites that are critical of the president or the parent corporations of the government itself.
--
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Jason Levine
Premium
join:2001-07-13
USA

Re: Problems Even If They Tone It Down

In some ways, I'd argue this is worse than China. In China you mainly have to watch out for the government. With SOPA, pretty much any company (plus the government) would be able to shut down your website.
--
-Jason Levine
firedrakes

join:2009-01-29
Arcadia, FL
like in wall street. greed is good

Rob
In Deo speramus.
Premium
join:2001-08-25
Kendall, FL
kudos:3

They'll tone down SOPA..

Herein lies the problem - no organization outside of the Federal government should be toning down or making any changes to any bill.

See 6 replies to this post
zod5000

join:2003-10-21
Victoria, BC
Reviews:
·Shaw

Why are the MPAA dictacting law?

Umm why is it up to the MPAA to tone down the law? Why is the MPAA in such a position they can just dictate law?

I don't think any other sector (at least as obviously) pulls the strings of government. I guess I just didn't like the way they worded it in this article. It makes it look like a non government organizatin is drafting law.

Camelot One
Premium,MVM
join:2001-11-21
Greenwood, IN
kudos:1

Re: Why are the MPAA dictacting law?

said by zod5000:

Umm why is it up to the MPAA to tone down the law? Why is the MPAA in such a position they can just dictate law?

I don't think any other sector (at least as obviously) pulls the strings of government. I guess I just didn't like the way they worded it in this article. It makes it look like a non government organizatin is drafting law.

A non government organization IS drafting this law. And they aren't even bothering to pretend otherwise. Yes, congressmen have to put their name on it, but the MPAA has made no secret of who is writing it.

ScrewedAgain

@mellon.com
Bribes, oh I mean consulting fees.

Fronkman
An Apple a day keeps the doctor away
Premium
join:2003-06-23
Saint Louis, MO

just like the DMCA

Why are we allowing the entertainment industry to write bills again?

The last time this happened we got the DMCA.

I should point out that the DMCA not only utterly failed to prevent piracy, but also opened a giant new avenue for abuse of the legal system by corporations. (MPAA collecting "fines" without the oversight of a judge or jury, cease and deist letters sent to block bad publicity rather than copyright infringement, legal block of legitimate fair use, such as backing up DVDs or computer program)
--
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ScrewedAgain

@mellon.com

Yah, right

"MPAA boss Michael O’Leary says he's been huddling with politicians from both parties" by gressing the wheels and paying brides, oh I mean consulting fees.

Fronkman
An Apple a day keeps the doctor away
Premium
join:2003-06-23
Saint Louis, MO

Re: Yah, right

said by ScrewedAgain :

"MPAA boss Michael O’Leary says he's been huddling with politicians from both parties" by gressing the wheels and paying brides, oh I mean consulting fees.

i think the MPAA single-handedly employs around 300-400 "historians"
--
Everyone should own a Mac! Go Bucks!
tpkatl

join:2009-11-16
Dacula, GA

I have stopped going to movies in theaters because of this

Not that anyone cares.

I haven't been to a movie in a theater for at least two years. I refuse to feed the ugly beast that tries to limit our freedoms. And no, I don't download from torrents either.

I refuse to enrich the people who support the MPAA. Let them starve.

I do watch TV and get cable movies, but my rationalization is that the movie companies are not directly benefiting from my cable subscription.

Will the MPAA ever learn that crapping on customers is not a way to make friends?
nutcr0cker

join:2003-04-02
Chandler, AZ
kudos:2

Are we in a madmax movie? or just getting pathetic

Am I reading this correctly that a corporation is reluctantly agreeing to tone down a LAW. The laws should be by the elected reps and If a corporation is writing a law it is a blatant treason to our country! time to hang the RIAA/MPAA reps and their political cronies in public
miscDude

join:2005-03-24
Hendersonville, NC

Occupy Hollywood time?

So does this mean it's time to Occupy Hollywood? I hear the weather is nicer there this time of year than on Wall Street.

chazpaw
Premium
join:2007-03-28
Terrell, TX

Re: Occupy Hollywood time?

Great idea!

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