Intellectual Property

How a Bill Stays a Bill: The Story of SOPA and PIPA

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Tell The USTR Not to Do Big Content’s Bidding

The United States Trade Representative (USTR) is asking for public comment in its Special 301 inquiry for 2012. Special 301 is an annual report that the USTR compiles listing countries that allegedly fail to provide adequate and effective protection for intellectual property rights of US persons. As we have said before, this report has turned into an exercise that arm-twists countries into instituting laws and policies that serve the interests of big content even where these policies hurt the free expression and due process rights of citizens.

Theater Owners Shouldn't Count on the MPAA to "Protect Jobs"

Former Senator Chris Dodd has been buttering the popcorn of movie theater owners since becoming Hollywood's chief lobbyist. So it's not surprising to see the National Association of Theatre Owners (NATO) and the MPAA commiserating together over what happened to SOPA. They're united in the delusion that the revolt of Internet users was started and orchestrated by Google--it's more comforting, no doubt, to paint a large corporation as the bad guy, instead of facing up to the reality of a populist revolt against your own greed and overreach.

White House Responds to Petition Against SOPA/PIPA

The White House recently released a response to two petitions protesting the Stop Online Piracy Act (SOPA). The statement agreed with the petition signers that anti-piracy laws must not increase censorship or risk security flaws by tampering with the domain name system (DNS), key parts of both SOPA and the Senate's proposed PROTECT IP Act (PIPA). This is a fantastic sign that shows that the objections of ordinary, clued-in Internet users can make a difference in stopping misguided legislation.

The statement, co-authored by Victoria Espinel, the IP Enforcement Coordinator, Aneesh Chopra, the Chief Technology Officer, and Howard Schmidt, the Cybersecurity Coordinator, affirms the message that legislation tampering with the DNS poses real risks to the security and stability of the Internet.

PK In the Know Podcast: AT&T/T-Mo, SOPA, MegaUpload, and Digital Parasites

On today's podcast we discuss the (near) end of the AT&T/T-Mobile deal, MegaUpload vs. UMG and YouTube, and SOPA. We also have an extended interview with Robert Levine, author of Free Ride, How Digital Parasites are Destroying The Culture Business, and How the Culture Business Can Fight Back.

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PK In the Know Podcast: AT&T/T-Mo, SOPA, MegaUpload, and Digital Parasites

Impressions on the SOPA Markup, Thursday Evening

My original plan had been to write up a quick summary of today's markup, but at this writing, the House Judiciary Committee has discussed less than half of over 50 pending proposed amendments to SOPA. However, there's a clear trend in the committee regarding amendments—nearly every one voted on so far has been defeated.

I'd been live-tweeting a blow-by-blow of the proceedings so far, but the main takeaways from the markup are probably best recounted thematically, rather than chronologically, since a lot of themes get repeated with each amendment 's introduction and debate.

There's various levels of debate being engaged in during this markup. First, there's the discussion of the bill text. Then there's the discussion of the bill's effects. Third is the discussion of proponents' and opponents' motives.

Manager's Amendment of SOPA Doesn't Fix What's Ailing This Bill

Monday afternoon, the House Judiciary Committee released its planned manager’s amendment to SOPA, claiming that it eliminated significant concerns with the bill. While it does fix some of the current version’s outrageous proposals, it leaves some of the most dangerous provisions largely intact. Here’s a brief rundown of our concerns with the manager’s amendment.

DNS Filtering

Piracy is Bad for Business, But So is SOPA

The Stop Online Piracy Act (SOPA) is meant to promote “prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property.”  According to the proponents of SOPA, such as the Motion Picture Association of America (MPAA) and the U.S.