IP/Internet/New Media Blog

By Victoria Burke

On January 24, the Senate will have a procedural vote on the Stop Online Piracy Act (SOPA). The dynamics of SOPA are far-reaching and quite divisive. Supporters feel this legislation is the logical next step against foreign websites that circumvent current anti-piracy measures and those that offer counterfeit goods and pharmaceuticals. SOPA comes with the muscle of big name support. Some of the supporters include the MPAA, RIAA, NBA, MLB, NFL, as well as major studios such as Disney and CBS. Additionally, SOPA has the backing of the U.S. Chamber of Commerce, Microsoft, major pharmaceutical companies such as Pfizer, Eli Lilly and Company, and many others.

Yet, equally fervent are the opponents who worry about the resulting censorship from this Bill. Leading the charge in the opposition are Facebook, Twitter, Google, LinkedIn, Yahoo! and eBay to name a few. Besides vocalizing their objections, the opponents of SOPA are strategizing to make an attention grabbing protest. One idea involves an Internet blackout. Cnet describes this option as the “equivalent of a nuclear option.” Markham Erickson, executive director of NetCoalition (a trade association representing the leading global Internet and technology companies), confirmed to Fox News that such a blackout is under consideration. Erickson said, “a number of companies have had discussions about that.”

Currently, opponents have found success in boycotting SOPA supporters. When Go Daddy initially lent its support to SOPA (Stop Online Piracy Act), the company ended up suffering an exodus of domain customers. Those who feel the proposed legislation goes too far responded by sending Go Daddy a message. They spoke with their feet and left the company by transferring their domains to other providers. In order to stop the bleeding, Go Daddy released a statement withdrawing its support of SOPA. (Official statement from Go Daddy: http://www.godaddy.com/newscenter/release-view.aspx?news_item_id=378)

One article that breaks down the intricacies of this controversial legislation is: “What is SOPA Bill 2012? 7 Things to Know About Controversial Legislation” from the International Business Times. http://www.ibtimes.com/articles/272580/20111225/sopa-bill-2012-things-know-controversial-legislation.htm

By Azita Mirzaian

Recently, representatives from the MPAA and The Net Coalition debated the merits of the proposed Stop Online Piracy Act (SOPA) legislation on Los Angeles public radio station KPCC’s AirTalk. Michael O’Leary, senior executive vice president of the Motion Picture Association of America, exchanged heated comments with Markham Erickson, executive director of The Net Coalition, an organization that represents leading global internet and tech companies such as Google and Amazon. While at times, the discussion devolved into snarky, off-topic accusations of who makes more profits and who is behaving in a more self-serving manner, the discussion was a good representation of the dichotomous positions of the tech industry and the film industry when it comes to SOPA.

The proposed SOPA legislation aims to aggressively protect copyrighted content on the internet by allowing the government to shut down and block access to offshore sites that enable online piracy of copyrighted content. During the discussion on AirTalk, the MPAA’s O’Leary insisted that the legislation is necessary to protect American jobs. He stated that the legislation not only protects creative communities such as the movie and music industries, but also protects consumers by ensuring that the pharmaceuticals, electronics, and fashion items that they purchase online are legitimate and safe.

The Net Coalition’s Erickson countered that although he is not opposed to stopping online piracy, the proposed SOPA legislation is an over-reaching, ineffective piece of legislation that will do little to stop online piracy while at the same time dangerously diminishing internet freedom. Erickson cited the example of Wikileaks to illustrate his point that that stopping payment processors and advertisers from working with offshore sites is an effective solution to the online piracy problem. But, he said, the SOPA legislation goes way beyond that by also having the government impose technological measures that would block users’ access to offshore sites. He stated his concern that this kind of over-regulation would damage the internet’s infrastructure, limit internet freedom, and hamper innovation.

You can listen to the full piece here

(http://www.scpr.org/programs/airtalk/2011/12/21/21848/online-privacy-act/).

Azita Mirzaian earned her J.D. from the University of Southern California Gould School of Law.  Her areas of interest include copyright protection, trademarks, and other intellectual property matters

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