Thursday, January 12, 2012

Crony Capitalism Targets The Internet

The internet has shattered monopolies everywhere. Journalists have discovered to their horror that the public can now find information without them, and doesn’t need their “analysis.” Self-publishing is killing publishers and is about to hit record companies. Retailers are horrified that you can buy anything from anywhere in the world without going through them. Hollywood is horrified that because people have greater choices, their attendance is crashing. Oh my! What to do?! Answer: call the government!

The issue in question is called the Stop Online Piracy Act (SOPA). Its Senate fellow-traveler is called the Protect IP Act (PIPA). Ostensibly these bills are aimed at stopping “online piracy” by “rogue foreign websites.” But in reality, they’re aimed at controlling the web. And it’s no surprise they’re backed by a bevy of Big Business monopolies: Hollywood, record companies, media companies, drug companies, unions and the U.S. Chamber of Commerce.

Sadly Republicans are in this up to their necks. Rep. Lamar Smith wrote SOPA because it’s a “good policy that protects American consumers from dangerous counterfeit goods and American business from having their products and profits stolen from foreign thieves.” Conservative (read: “idiot”) Marsha Blackburn actually claims this bill is conservative and that: “The same radical left-wing special interests groups that advocated for Obama’s so-called net neutrality regulations are trying to hijack conservative principles and mislead the public about SOPA.”

By the way, radical left winger Patrick Leahy wrote the Senate version, which should tell you all you need to know this... and Marsha’s judgment.

In any event, here’s why the bill is bad and anything but conservative.

This bill allows the US government and corporations to require internet service providers to block access to websites which they allege infringe on intellectual property rights. It also allows the government and these corporations to force companies like PayPal to block payments to websites which they claim infringe. And it allows copyright holders to sue these websites AND to sue sites like Google which link to them and sites like Facebook which host them if they don’t do enough (whatever that means) to block access to copyright-protected content. That’s like being able to sue the phone company because it gave a phone number to someone who stolen your film idea.

How does “conservative” Marsha Blackburn respond? “The fact is SOPA only applies to dedicated foreign rogue sites that are harming American consumers and creators.”

Except, that’s not how it works. The practical effect of this bill will be that search engines like Google will be forced to monitor the content of the sites to which they link. If the content could potentially violate a copyright, then Google must exclude it from the search. Think about that. That’s asking the phone company to make sure you aren’t doing anything illegal so long as they supply you with a phone number.

But hey, who needs Google? You can still get there if you know the name of the website, right? Nope. Your service provider can be sued if it doesn’t stop you from going there. In fact, the bill originally required your ISP to redirect you to a warning page if you tried to visit one of these sites. That language has been taken out and a “voluntary” provision has been put in its place. Of course, “voluntary” is just another way of saying “mandatory” when people can sue you to enforce it.

But wait, this only apply to foreign websites, right? Hardly. The law does say foreign websites, but how does Google know what’s foreign and what’s not when people can post on proxy servers? And if Google develops the skills to exclude copyright violating material in foreign websites, do you really think US courts won’t hold them liable for not doing the same for US websites? Don’t forget, the 1998 Digital Millennium Copyright Act is still out there. It provided a safe harbor for ISPs and search engines on the basis that so long as it wasn’t possible to filter these things out, then they didn’t need to do it. Once they show they can do it on foreign websites, that safe harbor goes away for domestic sites.

It’s no surprise that Google, Amazon, YouTube, Facebook, Twitter, Tumblr, AOL, LinkedIn, Microsoft, Mozilla, PayPal and many, many more object to this. Even Wikipedia founder Jay Walsh says this will threaten the way the Wikipedia works. Flikr will apparently be shut down. I would suspect Blogger will too because Google (owner of Blogger) could be sued if, for example, we uploaded illegal content here.

What’s more, while retard Marsha Blackburn thinks this bill is conservative, ask yourself if ANY conservative would ever set up a legal system where you are guilty until you prove your innocence in court. That’s what SOPA does. Once an allegation is made that a site contains copyrighted material, the Big Business complainer goes to court and gets an order shutting you down. Once the order is entered, they send a copy to your ISP, to search engines and to money-processing companies like PayPal. They are then required to shut you out or they face liability themselves. That’s when you finally get involved in the process. Now that you’ve been found guilty, and you are suddenly kicked off the net, you have the right to go to court and prove that you were wrongly black-listed. A year or two later (and minus mucho legal fees), you’ll probably be back on line. That’s a great way to take out a competitor at a crucial time.

I guess Marsha Blackburn learned conservatism at the knee of Joseph Stalin. And for the record, this puts our government in the same company as China, Iran, Libya and Tunisia.

Lest you think I’m blowing this out of proportion, BOTH leftist and conservative bloggers have gone to war against the idiots who are sponsoring this assault on the internet and freedom on behalf of Hollywood, the music industry and drug companies. They are particularly outraged that this could destroy political blogging because it is so easily abused. Erick Erickson of RedState is actually leading the charge. He’s promising to fight to unseat any of the Stalinists who support this thing:

“I love Marsha Blackburn. She is a delightful lady and a solidly conservative member of Congress. And I am pledging right now that I will do everything in my power to defeat her in her 2012 reelection bid due to her co-sponsorship for SOPA. . . . If members of Congress do not pull their name from co-sponsorship of SOPA, the left and right should pledge to defeat each and every one of them.”
Fortunately, much of the corporate backing for this bill is starting to collapse. GoDaddy just found out how stupid it was to support this when people began boycotting GoDaddy en mass. They’ve since withdrawn their support, as have other large corporations and scores of law firms.

Paul Ryan ran into this issue when he gave a noncommittal response when asked if he supports it and found himself blasted. He now firmly opposes it. Naturally, Ricky Santorum, champion of the (non-gay) common man supports it. Newt apparently does too. Romney doesn’t, which makes him the only conservative on this issue.

Sadly, too many Republicans are little more than whores who do the bidding of Big Business. The list of companies who favor this reads like a who’s who of monopolists who have failed to innovate, failed to embrace technology, and simply don’t want to spend time or effort rectifying their past failures. Thus, they have called their minions in Congress and asked the government to cover up their mistakes.

It’s time Republicans stop this crap! CONSERVATISM DOES NOT SUPPORT GOVERNMENT REGULATION TO PROTECT LARGE COMPANIES! And since Marsha Blackburn and Lamar Smith apparently don’t understand that, they need to be voted out.

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