SOPA Aftermath
January 20th, 2012Unless you’ve been living under a rock for the last few days, I’m sure you’ve heard of SOPA/PIPA: Two anti-piracy bills that were just removed from Congress’ agenda for next week. I’ve had very mixed emotions on it all, but now that its off the table for the immediate future, I feel its time to start a more constructive and less politically-charged dialogue about copyright law.
In my opinion, SOPA was a very well-intentioned bill, that was poorly constructed and rushed through the political system. It was not the “end of the free internet” that most people were making it out to be, but nevertheless, it was a bill that needed to be fought against, if for no other reason than it opened up a can of legal worms that could never be shut again.
Let’s start with a personal example… About a year ago, my short film Pigeon: Impossible was taken offline by a false DMCA notice. If you’re unfamiliar with the Digital Millenium Copyright Act, it basically allows a copyright holder to notify a company, in this case YouTube, that they are illegally hosting a video file. YouTube then has a certain amount of time to take the video down. However, in this case, I’m the copyright holder, and someone else was claiming ownership over Pigeon: Impossible. It took over a month to be sorted out and get the film back online. Now here’s the twist: the company who filed the false DMCA claim was a small French video service who my distributor had allowed to put the film on their site. They had a limited, non-exclusive license, but somehow, they thought that gave them the right to go after anyone else who claimed ownership of the film. In this case… ME! Now dealing with all this was bad enough and the film was off of YouTube for a month, but here’s where SOPA comes in: if France had passed the exact same law the US was considering, I would have had to fight the false copyright claim in a French court. In other words, if an illegitimate SOPA claim is filed against someone, they would have to come to the US courts to get the injunction lifted. Needless to say… this issue is something that needs to be addressed globally, not by a complicated mess of local laws.
The second issue I had with SOPA was the now ubiquitous DNS issue. There are plenty of articles discussing the security problems caused by the bill, but for me, it just goes to show how poorly it was thought out. The thought process went something like this…
Congressman #1: We can just remove the website address from the DNS servers, and that will keep people from accessing pirate sites.
Congressman #2: But people could still access the site by typing in the IP address (12.34.56.78). People will just share the IP address.
Congressman #3: Then we’ll also make it illegal for people to share the IP addresses of a pirate site.
You can see where it goes from here, instead of working out a better solution than DNS blocking, a lot of energy was focused on fixing all the problems it caused… suddenly search engines are culpable… websites have to police every single piece of user-generated content… its a mess, and all because they tried to rush forward with a band aid solution.
As a content creator, I’m obviously deeply interested in solving the problem if IP theft. Some people have even gone so far as to accuse anyone opposed to SOPA as a “pirate conspirator.” Obviously that’s not the case… something has to be done to stop IP theft, but we need to have a realistic, practical discussion about what that looks like. A premature bill pushed through by lobbyists is not the solution.
NOTE: Most of this information comes from extensive research I’ve done from secondary sources. I have not read the actual PIPA bill, but I have read most of the SOPA bill as it stood at the beginning of last week. Then again, if you’ve ever read a legal document like that, its an endless web of legalese that is nearly incomprehensible for someone without a legal background. I may well have misunderstood some crucial nuances. If so, feel free to correct me in the comments.









