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Law in the Internet Society
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The Stop Online Piracy Act: the blindness continues-- By DiegodelaPuente - 15 Nov 2011The Futile Stop Online Piracy Act's discussion
Unfortunately, the U.S. Congress’ actual discussion about the Stop Online Piracy Act (SOPA), does not contribute to the Net growth and the society’ development; on the contrary, it distracts the public attention on real matters: copyright is no longer needed under the Net’s conception. In sum, SOPA tries to expand the U.S. Department of Justice and copyright holders’ power allowing seeking court orders against websites outside U.S. jurisdiction accused of infringing on copyrights, or of enabling or facilitating copyright infringement. As Representative Lamar Smith, one of the chief sponsors of the bill, said, SOPA is needed because rogue websites are “stealing and selling American innovations”. Moreover, even SOPA’s most important detractors, Google, Facebook, AOL and Twitter, are only talking about Internet censorship or a chilling effect on speech, rather than proposing a radical change from the actual copyright framework in accordance of the new technological trends, which is being proposed by many scholars, such as James Allsworth (Harvard Business School), Kevin Kelly (Wired Magazine), Fred Wilson (Union Square Ventures) or Mike Masnick (Techdirt).
Stop Online Piracy Act
- http://en.wikipedia.org/wiki/Stop_Online_Piracy_Act
- http://americancensorship.org
The intellectual property market
SOPA’s proponents, mainly, the Motion Picture Association of America, Recording Industry Association of America, Business Software Alliance and the U.S. Chamber of Commerce, say the bill will protect intellectual property market, including the resultant revenue and jobs; however, it is really protecting and preserving the earnings of the content industries monopolies. Once again, as in the wireless telecommunications industry, the Law, in this case Copyright Law, is outdated and lacks of effectiveness, because it does not consider the social changes that advanced technology is generating. For instance, regarding the music industry, SOPA is supposed to protect singers’ intellectual property, enabling them to pursue a profit. Some journalist in SOPA’s favor, such as Dr. Robert Levine (former Billboard executive editor), thinks that the best way to save artists’ jobs is to strengthen copyright laws, by the way also opposing to the idea of a free an open Internet. I disagree with that statement and that opinion current, and consider that the actual copyright policy should change, since there can be incentives and artists can maintain or even improve their jobs quality in a share XXX.
In the particular case of the content industries (film, television, books, music and others), there should be an economical model modification. Ownership idea must be change for access, sharing and selling added value services. The market will identify the right point to pay money to information providers, when they see a real value. In this concern, in 2006 Fred Wilson propose the freemium business model, that is a combination of free and premium, in short words, free gets you to the place where you can get paid. Additionally, Kevin Kelly, other scholar from XXXX, established that in this new model, the idea is not to sell copies, because they must be available to everyone and provide some alternatives to allow money earnings to artists and the industry: immediacy, personalization, authenticity (quality), attention, interpretation, accessibility, embodiment, and findability. Moreover, in 2005 Michele Boldrin and David K. Levine, two economists at Washington University, published a book, Against Intellectual Monopoly, where they described that the current patent/copyright system discourages and prevents inventions from entering the marketplace.
Copyright and Freemium
- Kevin Kelly, Better than Free (January 31, 2008) (http://www.edge.org/3rd_culture/kelly08/kelly08_index.html)
- Michele Boldrin and David K. Levine, Against Intellectual Monopoly (November 11, 2005) (http://www.dklevine.com/general/intellectual/against.htm)
- Richard Stallman, Misinterpreting Copyright (http://www.gnu.org/philosophy/misinterpreting-copyright.html)
- Mike Masnik, Saying You Can't Compete With Free Is Saying You Can't Compete Period, Techdirt (February 15, 2007) (http://www.techdirt.com/articles/20070215/002923.shtml)
- Fred Wilson, Freemium and Freeconomics (July 4, 2009) (http://www.avc.com/a_vc/2009/07/freemium-and-freeconomics.html)
ConclusionsSubsection BConclusionsInformation sourcesStop Online Piracy Act - Stop Online Piracy Act (http://en.wikipedia.org/wiki/Stop_Online_Piracy_Act) - http://americancensorship.org - David Kravets, Chief Sponsor Wavers on Web Censorship Bill in Charged Hearing, Wired (November 16, 2011) (http://www.wired.com/threatlevel/2011/11/piracy-blacklisting-bill) - SOPA (Stop Online Piracy Act) debate: Why are Google and Facebook against it? (November 17, 2011) (http://www.washingtonpost.com/business/sopa-stop-online-piracy-act-debate-why-are-google-and-facebook-against-it/2011/11/17/gIQAvLubVN_story.html) - Caitlin Bronson, Online Piracy Act Struggles in Congress (November 29, 2011) (http://www.thirdage.com/news/online-piracy-act-struggles-in-congress_11-29-2011) - Stop the Stop Online Piracy Act Now (November 21, 2011) (http://www.fool.com/investing/general/2011/11/21/stop-the-stop-online-piracy-act-now.aspx) - Timothy B. Lee, The Stop Online Piracy Act: Big Content's full-on assault against the Safe Harbor, ARS Technica (November 2011) (http://arstechnica.com/tech-policy/news/2011/11/the-stop-online-piracy-act-big-contents-full-on-assault-against-the-safe-harbor.ars - David Cravets, U.S. Copyright Czar Cozied Up to Content Industry, E-Mails Show, Wired (October 14, 2011) (http://www.wired.com/threatlevel/2011/10/copyright-czar-cozies-up) Copyright and Freemium - Kevin Kelly, Better than Free (January 31, 2008) (http://www.edge.org/3rd_culture/kelly08/kelly08_index.html) - Michele Boldrin and David K. Levine, Against Intellectual Monopoly (November 11, 2005) (http://www.dklevine.com/general/intellectual/against.htm) - Richard Stallman, Misinterpreting Copyright (http://www.gnu.org/philosophy/misinterpreting-copyright.html) - Mike Masnik, Saying You Can't Compete With Free Is Saying You Can't Compete Period, Techdirt (February 15, 2007) (http://www.techdirt.com/articles/20070215/002923.shtml) - Fred Wilson, Freemium and Freeconomics (July 4, 2009) (http://www.avc.com/a_vc/2009/07/freemium-and-freeconomics.html) - Fred Wilson, My Favorite Business Model (March 23, 2006) (http://avc.blogs.com/a_vc/2006/03/my_favorite_bus.html) - Eric Schlachter, The Intellectual Property Renaissance in Cyberspace: Why Copyright Law Could Be Unimportant on the Internet, Berkeley Technological Law Journal (http://www.law.berkeley.edu/journals/btlj/articles/vol12/Schlachter/html/reader.html) - Danny Colligan, What We Lose When We Embrace Copyright (February 11, 2010) (http://questioncopyright.org/what_we_lose_when_we_embrace_copyright) - Melody Walker, Economists say copyright and patent laws are killing innovation; hurting economy (March 5, 2009) (http://www.physorg.com/news155495067.html) - Scott Timberg, Does culture really want to be free? (November 1, 2011) (http://www.salon.com/2011/11/01/does_culture_really_want_to_be_free/singleton) - Joost Smiers and Marieke van Schijndel, Imagine a world without copyright, New York Times (October 8, 2005) (http://www.nytimes.com/2005/10/07/opinion/07iht-edsmiers.html?pagewanted=all) - Nico van EIJK, Legal, Economic and Cultural Aspects of File Sharing (March 30, 2010) (http://www.ivir.nl/publications/vaneijk/Communications&Strategies_2010.pdf) - Mark A. Lemley, Is the Sky Falling Dawn on the Content Industries? (2011) (http://www.jthtl.org/content/articles/V9I1/JTHTLv9i1_Lemley.PDF) - Steven Levy, Facebook, Spotify and the Future of Music (October 21, 2011) (http://www.wired.com/magazine/2011/10/ff_music) - Nate Anderson, Big Content to FCC: don't kill our ISP filtering dream!, ARS Technica (2009) (http://arstechnica.com/tech-policy/news/2009/09/big-content-still-cant-compete-with-free.ars) - JRC Scientific and Technical Reports, The Future Evolution of the Creative Content Industries (2008) (http://ftp.jrc.es/EURdoc/JRC47964.pdf) - Anita Elberse, Bye Bye Bundles: The Unbundling of Music in Digital Channels (November 1, 2009) (http://www.people.hbs.edu/aelberse/papers/Elberse_2010.pdf) - Scott Berinato, The iTunes Effect and the Future of Content, Havard Business Review (http://blogs.hbr.org/research/2010/01/the-itunes-effect-and-the-futu.html) - Gerd Leonhard, The Future of the Content Industries (April 2011) (http://www.youtube.com/watch?v=uLxEqy3lngk) - Gerd Leonhard, Free & Freemium Business Models (June 2011) (http://www.youtube.com/watch?v=5uOsLgTMGqc) Open Source Information - Eric Steven Raymond, The Cathedral and the Bazaar (http://www.catb.org/~esr/writings/homesteading/cathedral-bazaar) - What would Jesus hack? Cybertheology: Just how much does Christian doctrine have in common with the open-source software movement?, The Economist (http://www.economist.com/node/21527031)You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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